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A decision made (03/08/2007) regarding: Windjana, Le Clos du Pont Marquet, St. Brelade - Request for Re-Consideration.

Decision Reference: MD-PE-2007-0220		Application Number: P/2007/0198 (If applicable)
Decision Summary Title :	Windjana, Le Clos du Pont Marquet, St. Brelade	Date of Decision Summary:		03.08.07
Decision Summary Author:	Elizabeth Ashworth	Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written	Person Giving Oral Report:		n/a
Written Report Title :	Request for re-consideration of Refusal of Planning Permission	Date of Written Report:		03.08.07
Written Report Author:	Elizabeth Ashworth	Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Windjana, Le Clos du Pont Marquet, St. Brelade, Convert garage into habitable space. Construct new garage. Construct first floor extension to east elevation. REQUEST FOR RECONSIDERATION of refusal of planning permission.
Decision Maintain decision to refuse consent.
Reason for Decision: Unacceptable appearance and potential overlooking contrary to Policies G2 and G3 of the Island Plan 2002. However, Minister is prepared to consider an improved design and advised the submission of a further application.
Resource Implications: n/a
Action required: Notify Agent, Applicant and all other interested parties
Signature:			Position:
Date Signed:			Date of Decision: 03.08.07

Windjana, Le Clos du Pont Marquet, St. Brelade - Request for Re-Consideration.

Application Number: P/2007/0198

Request for Reconsideration Report

Site Address	Windjana, Le Clos du Pont Marquet, St. Brelade.

Requested by	Mr. JLeatt	Agent	MR D E LE QUESNE

Description	Convert garage into habitable space. Construct new garage. Construct first floor extension to east elevation. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	1. The proposed garage, by virtue of its size, height and proximity to the boundary with the property to the west would result in an unacceptable overbearing impact on the amenities of that property and therefore fails to satisfy the criteria of Policy G2 of the Island Plan 2002. 2. The proposed first floor extension would result in an unacceptable visual appearance and cause overlooking prejudice to properties to the east and therefore fails to satisfy the criteria of Policies G2 and G3 of the Island Plan 2002.

Determined by	Delegated Refused

Date	14/03/2007

Zones	Built-Up Area

Policies	G2 G3

Recommendation

Maintain refusal of original scheme but agent/applicant have included a revised scheme that it is considered can be supported as being an improved design.

Comments on Case	The property has been extended previously and has resulted in an extension to the rear which sits beyond the ground floor. The proposed extension at 1st floor which extends along the rear of the property, is of an awkward design and results in an unacceptable roofscape and an unacceptable visual appearance. Combined with this the proposed garage was also unacceptable. Because the Department has had to review the way it deals with applications that are not acceptable, negotiations no longer are the norm and therefore the application was refused. The agent had not taken advantage of the Department’s pre-application advice service, but if he had then the problems with the application would have been identified at that time. Subsequently the agent submitted a request for reconsideration with revised plans. The Assistant Director wrote to him explaining that the Minister would decide the request for reconsideration on the basis on the original plans but that revised plans could not be accepted at this stage as they need to form the basis of a formal application and asking him how he wished to proceed. The applicant then wrote a letter of concern at the process and as a result of this the Assistant Director has decided that the revised plans could be presented to the Minister (for comment only).

Recommendation	Maintain refusal of original scheme but the revised plans for the extension are to be discussed as they are considered to be more acceptable

Reasons

Background Papers	1:2500 Site Plan Letter from agent dated 8 May 2007- Response of Assistant Director dated 18 May 2007 Letter from applicant dated 21 May 2007 Response of Assistant Director dated 30 May 2007

Endorsed by		Date