Carob Warehouses, Bellozanne Valley, St. Helier: Appeal Decision P/20202/1304

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A decision made on 30 September 2021

Decision Reference: MD-PE-2021-0060			Application Reference: P/2020/1304
Decision Summary Title:	Appeal Decision - Carob Warehouses, Bellozanne Valley, St. Helier		Date of Decision Summary:	07 September 2021
Decision Summary Author:	Principal Policy Planner – Strategic Policy, Planning and Performance		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Inspector’s Report- - Carob Warehouses		Date of Written Report:	23 August 2021
Written Report Author:	Philip Staddon -Planning Inspector		Written Report : Public or Exempt?	Public
Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to grant planning permission, P/2020/1304, for “Revised plans to P/2018/0455 (Form hardstanding to South of site. Replace wall to West of JEC substation. Increase height of wall and install railing to West elevation. Install roller shutter door to West elevation): Construct first floor raised vehicular access platform and increase the height and widen the approved roller shutter door to West elevation.” at Carob Warehouses, Bellozanne Valley, St. Helier
Decision: A. The Minister dismissed the appeal and varied the decision to grant planning permission which is now subject to the following conditions: 1. The development shall commence within three years of the decision date. Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. 2. The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission. Reason: To ensure that the development is carried out and completed in accordance with the details approved. 3. Prior to commencement of the development hereby approved, precise details of the acoustic / screen fence to be erected on the perimeter of the access platform hereby approved, shall be submitted to and approved in writing by the department for Infrastructure Housing and the Environment. The details shall include the alignment, height, specification and acoustic performance. The approved acoustic / screen fence shall be installed in full accordance with the approved details before the access platform and service door are brought into use and shall thereafter be retained and maintained as such. Reason: To protect the living conditions of the occupiers of neighbouring properties in accordance with policy GD 1(3) of the adopted Island Plan 2011 (Revised 2014). 4. The new roller shutter door on the west elevation of the building hereby approved shall only be opened and in use for loading / unloading activities between the hours of 07:00 – 20:00 on any day and shall remain closed at all other times. Reason: To protect the living conditions of the occupiers of neighbouring properties in respect of night time disturbance, in accordance with policy GD 1(3) of the adopted Island Plan 2011 (Revised 2014). B. The Minister further resolved that the date of this decision constitutes a revision to the date of the planning permission for the purposes of establishing a start-date for any time-related conditions or requirements of the permission or of the Planning and Building (Jersey) Law 2002.
Reason for Decision: The Minister agreed, in the main, with the recommendations of the Inspector but considered that the opening of the roller shutter door for loading and unloading activities before 07:00 hours would be likely to result in unacceptable levels of noise nuisance and disturbance to local residents. The Minister, therefore, resolved to restrict the opening of the door for such activities outside of the hours of 07:00 and 20:00. The Minister also considered it reasonable to revise the date of the original planning permission in order to take into account the time elapsed between the grant of the original planning permission and the determination of this appeal.
Resource Implications: None.
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy John H Young		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):