Samannah, Les Landes Avenue, St. Brelade: Planning Application (RP/2013/0215): Determination by Minister

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A decision made 18 July 2013:

Decision Reference: MD-PE-2013-0079			Application Number: RP/2013/0215 (If applicable)
Decision Summary Title :	Samannah, Les Landes Avenue, St Brelade, Jersey, JE3 8DJ		Date of Decision Summary:		15/07/2013
Decision Summary Author:	Planner		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		Planner
Written Report Title :	Officer Report – RP/2013/0215		Date of Written Report:		13/05/2013
Written Report Author:	Lawrence Davies		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Samannah, Les Landes Avenue, St. Brelade, Jersey, JE3 8DJ Application Description: Demolish existing dwelling. Construct 2 No. dwellings. AMENDED PLANS: Re-design dwellings. REVISED PLANS: Construct first floor extension to unit 1.
Decision(s): The Minister has decided to grant Planning Permission subject to certain alterations to the fenestration pattern of the new extension so as to minimise potential overlooking of the neighbouring property.
Reason(s) for Decision: Having regard for all of the relevant considerations (including the applicant’s submissions, the comments of neighbouring residents and the Department report), and having undertaken a site visit, the Minister considers that the grant of Planning Permission is reasonable in the circumstances. The following Reason for Approval will be included on the Permit; Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received. Under the previous application (P/2012/0132), permission was granted for the demolition of the existing dwelling and the redevelopment of the site with a pair of semi-detached dwellings. This approved application is for an additional bedroom extension at first floor level to one of the units. This is a Built Up Area site wherein, under the provisions of Policy H 6 of the 2011 Island Plan, there is a presumption in favour of the development of new dwellings as well as extensions to existing dwellings. In light of the concerns raised by immediate neighbours, the Minister has requested certain alterations to the fenestration pattern including a smaller pair of windows to the west elevation (in place of the single large opening originally proposed) as well as obscure glazing to the lower halves of these windows. The remaining area of flat roof atop the ground floor garage has also been conditioned in order to ensure that it cannot be used as a balcony area. The Minister is satisfied that this additional bedroom will sit comfortably within the overall development and that, with the alterations described above, it will not unreasonably affect the privacy or residential amenity of neighbouring residents. In addition, the Minister is satisfied that the level of parking provision on the site complies with the adopted parking standards and that the development will not lead to any problems in this regard. In summary, having regard to all the relevant factors, it is considered that the approved scheme will not unreasonably affect the amenity of neighbouring properties and the grant of planning permission is considered to be reasonable. The following Conditions and Reasons will be included on the Permit; (nb: This is a Revised Plans Permit – conditions 1-3 are as per original 2012 permit, P/2012/0132) The development hereby approved shall be carried out entirely in accordance with the plans and documents permitted under this permit. No variations shall be made without the prior written approval of the Minister for Planning and Environment or an authorised officer of the Development Control section of Planning and Building Services. REASON: To ensure that the development is carried out and completed in accordance with the details approved by the Minister for Planning and Environment. Prior to the commencement of the development hereby permitted, samples of all of the external materials to be used shall be submitted to, and approved in writing by, the Minister for Planning and Environment. High quality photographic evidence (including product literature) may be sufficient for some items. REASON: The execution of this development is considered to be critical to its success, and the Minister wishes to be assured as to the quality of these details. Prior to the first occupation of the development hereby permitted, visibility lines must be provided in accordance with the approved drawings. Everything within the visibility sight lines, including gates, walls, railings and plant growth is to be permanently restricted in height to 900mm above road level. REASON: In the interests of highway safety, in accordance with Policy GD 1 of the 2011 Island Plan. For the avoidance of doubt, the lower halves of the two west-facing windows of the bedroom extension hereby approved shall be obscurely glazed as indicated on the approved First Floor Plan, and shall remain as such in perpetuity. Furthermore, the area of flat roof adjacent to this extension shall not be used as a balcony or terrace. REASON: In the interests of the privacy of the occupants of neighbouring properties, in accordance with Policy GD 1 of the 2011 Island Plan.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature: Deputy R C Duhamel		PLeg / AS Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

Samannah, Les Landes Avenue, St. Brelade: Planning Application (RP/2013/0215): Determination by Minister

Department of the Environment

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Department of the Environment

Report for Planning Applications Panel/ Ministerial Meeting

Site Visit

Application Number

RP/2013/0215

Site Address	Samannah, Les Landes Avenue, St. Brelade, JE3 8DJ

Applicant	Melsetter Ltd

Description	Demolish existing dwelling. Construct 2 No. dwellings. AMENDED PLANS: Re-design dwellings. REVISED PLANS: Construct first floor extension to unit 1.

Type	Major Application

Date Validated	21/02/2013

Zones & Constraints	Built-Up Area

Summary

Construction is underway on site, of the two houses approved by the Panel in May 2012.

This Revised Plans application proposes an additional first floor extension to one of the new units (Unit 1) on the north elevation of the property overlooking the estate road.

The extension would be built above the approved garage and it would not project beyond the existing building lines of the development already under construction and the design would match the approved houses.

The comments made by immediate neighbours to the site are noted. However, the Department is satisfied that this additional extension would not unreasonably affect neighbouring amenity or have any greater implications for parking.

Department Recommendation

APPROVE

Site Description & Existing Use

Until recently, the site comprised a fire-damaged 1970s bungalow on north side of La Route des Genets, the corner site at the junction of Le Clos des Landes.

Following the recent grant of planning permission for two new houses, work is now underway on site.

This is a built-up residential area surrounded by dwellings on three sides with open fields across the road to the south. The dwellings within the immediate vicinity are in a variety of styles.

Proposed Development

The application is for a first floor extension to one of the previously-approved units.

The applicant’s agent has advised that the reason for the application is that a prospective purchaser of Unit 1 has requested the provision of an additional bedroom.

Relevant Planning History

There were two previous applications for the redevelopment of the site which were refused prior to the recent consent;

P/2010/1020 - Demolish existing dwelling. Construct 2 No. dwellings.

Refused 19/10/2010 for the following reason;

The proposed development, by virtue of its design, size, scale and siting would result in an overdevelopment of the site through the introduction of an incongruous and intrusive building which would be out of character with, and harmful to the general residential amenity of, surrounding properties as well as having a detrimental impact upon the character of the area. Therefore, the application fails to satisfy the requirements of Policies G2, G3, G15 and H8 of the Jersey Island Plan, 2002.

P/2011/0686 - Demolish existing dwelling. Construct 2 No. dwellings. AMENDED PLANS: Re-design dwellings.

Refused 25/01/2012 for the following reason;

By virtue of its size, scale, siting and design, the proposed development would unreasonably affect the residential amenity of the neighbouring property Cantermerle which is located to the immediate east of the application site. In particular, the development would overbear upon, and also potentially overlook, this neighbour. As such, it is considered that the proposed development fails to satisfy the requirements of Policies GD 1 and H 6 of the Jersey Island Plan, 2011.

Most recently, the following application was approved;

P/2012/0132 - Demolish existing dwelling. Construct 2 No. dwellings.

Approved 24/05/2012. The following reason for approval was stated on the permit;

Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received. The Planning Applications Panel, which determined the application, visited the site as part of this process.

The approved scheme is for the demolition of the existing dwelling and the redevelopment of the site with a pair of semi-detached dwellings.

This is a Built Up Area site wherein, under the provisions of Policy H 6 of the 2011 Island Plan, there is a presumption in favour of the development of new dwellings. Under Policy GD 2, there is a general policy presumption in favour of retaining existing buildings where possible. However, in this instance, the existing building was extensively damaged by fire in 2008 and has been uninhabitable since then. It would be unreasonable to insist upon the retention of the existing structure and, therefore, the principle of redevelopment is considered to be acceptable.

This is a reasonably large site which, it is felt, can comfortably accommodate the proposed two units.

The approved scheme is for a pair of houses of contemporary design which, it is accepted, are unlike other properties in the vicinity. However, the neighbouring houses which surround the site have been constructed over time in a variety of styles and, as such, there is no particular defining architectural character to the area. The view of the Planning Applications Panel is that this development represents an interesting addition to the locality and its dissimilarity from other nearby properties is not considered to be problematic.

A previous scheme for redevelopment was refused on the grounds that, by virtue of its scale and impact on the shared boundary, the development would have had an unacceptable impact upon the neighbouring property to the east. The scheme has been redesigned and it is now considered that the proposal is acceptable in this regard.

The objections raised by immediate neighbours to the application site have been noted and taken into account. In particular, the issue of parking and highway safety has been carefully considered. It is acknowledged that the scheme would intensify the use of the site to a small degree leading to a slight increase in vehicle numbers within the estate. However, the Panel is of the opinion that any such increase would be very modest and would not be significant. Moreover, with the establishment of vehicle visibility lines across the corner of the site, the development would not have an adverse effect on highway safety.

However, having regard to all the relevant factors, it is considered that the proposal will not unreasonably affect the amenity of neighbouring properties and the grant of planning permission is considered to be reasonable.

Consultations

No new consultations have been undertaken.

All consultations are attached with the background papers

Representations

The Department has received 7 letters of objection to the application, including one from the local Deputy. Concerns have been raised in respect of the following issues;

The building as approved is too large – this would worsen or compound the issue;
Overlooking / loss of privacy from new first floor windows;
An additional bedroom will increase parking pressure in the area;
Overdevelopment – the buildings are out of scale and intrusive;
Design – the buildings are not in keeping and are a ‘monstrosity’;
Loss of daylight to neighbouring properties;

All letters of representation and responses are attached with the background papers

Planning Assessment

a) Policy Considerations

SP2 Efficient use of Resources

This policy covers a number of issues. In particular, it recognises that Jersey is a small island with limited resources, which therefore needs to make the most effective and efficient use of land and buildings possible. New development is to be directed towards existing Built Up Areas and there is a preference to re-use those sites which have previously been developed instead of undeveloped greenfield sites.

In line with the sustainability theme which runs through the plan, the policy requires a more sustainable approach to the development and redevelopment of land with the delivery of higher densities where possible.

GD1 General Development Considerations

Policy GD1 outlines the general considerations against which all planning applications will be tested. Broadly speaking, the policy highlights the need for the following; ensuring the sustainability of all new development proposals; assessing their impact on the surrounding environment and neighbouring land users; understanding the travel and transport implications of new developments, and; ensuring consideration is given to the design and architecture of all new developments.

GD3 Density of Development

Policy GD3 states that, in order to contribute towards a more sustainable approach to the development and redevelopment of land in accord (a Strategic Policy of the Plan), the Minister will require that the highest reasonable density is achieved for all developments, commensurate with good design, adequate amenity space and parking and without unreasonable impact on adjoining properties.

GD7 Design Quality

The policy requires a high quality of design that respects, conserves and contributes positively to the diversity and distinctiveness of the landscape and the built context, to be sought in all developments.

Scale, form, massing & siting, the relationship to existing buildings, settlement form & character, topography, design details, colours & finishes and landscaping are all critical factors to consider.

H6 Housing Development Within the Built-Up Area

The policy states that proposals for new dwellings and for extensions to existing dwellings will be permitted within the boundary of the Built-up Area provided that the proposal is in accordance with the required standards for housing as established and adopted by the Minister.

To summarise the policy context for the application, this is a Built Up Area site wherein there is a presumption in favour of the development of new dwellings and for extending existing dwellings. Any development should demonstrate good design and be compliant with the Minister’s residential standards providing adequate amenity space and parking and without unreasonable impact on adjoining properties.

b) Size, scale, form & siting

Building work is currently underway on site, constructing the two approved houses. This revised plans application proposes an additional first floor extension to one of the new units (Unit 1) on the north elevation of the property overlooking the estate road.

The extension would be built atop the approved garage and it would not project beyond the existing building lines of the development already under construction i.e. this is effectively an ‘in-fill’ within the existing building envelope.

The Department is comfortable with this additional extension to the approved scheme.

c) Architectural design and use of materials

The design and finish of the extension matches that of the approved scheme.

d) Impact in the landscape / street

The additional impact of the extension within the streetscape is minimal.

e) Impact on neighbours

The Department notes the comments which have been raised by nearby neighbours.

The dissatisfaction of neighbours, in respect of the original planning consent, is noted. However, it is not considered that the additional bedroom extension which is currently proposed will unreasonably affect neighbouring residences.

The Panel will note the comments which have been raised by the neighbour to the west of the site at ‘El Nido’, including a couple of photo-montage images giving an impression of the new first-floor west-facing bedroom window. The neighbour contends that this window would result in an unreasonable level of overlooking.

In response, the Department would say that this is a relatively dense part of the Built-Up area when a certain degree of overlooking between properties is inevitable – it would not be possible to ensure complete privacy between properties. The new development is around 25m from the neighbour’s property across the estate road and, in the Department’s view, this is not an unreasonable relationship. However, the Panel will need to form its own view in this regard.

f) Access, car parking & highway considerations

There is no change to the car parking or access arrangements already approved. Each unit will have 4 parking spaces, including a double garage which is in line with the Minister’s parking standards for either 3 or 4 bedroom houses. The addition of a further bedroom to one of the units will not increase the parking requirement for this unit.

g) Foul sewage & surface water disposal

No change – foul sewage to mains drains

h) Landscaping

No change - normal domestic landscaping is anticipated within the site and the plans indicate that existing planting is to be retained and augmented.

i) Archaeology

n/a

j) Waste management

n/a

k) Planning Obligations & Percent for Art

n/a

l) Contaminated Land

n/a

m) Sustainability

There are no sustainability implications with this application.

n) Other matters

None

Conclusion

Construction is underway on site, of the two houses approved by the Panel in May 2012.

This Revised Plans application proposes an additional first floor extension to one of the new units (Unit 1) on the north elevation of the property overlooking the estate road.

Department Recommendation	APPROVE

Conditions & Reasons	This is a Revised Plans application and so the original conditions are included again. Condition(s) The development hereby approved shall be carried out entirely in accordance with the plans and documents permitted under this permit. No variations shall be made without the prior written approval of the Minister for Planning and Environment or an authorised officer of the Development Control section of Planning and Building Services. Prior to the commencement of the development hereby permitted, samples of all of the external materials to be used shall be submitted to, and approved in writing by, the Minister for Planning and Environment. High quality photographic evidence (including product literature) may be sufficient for some items. Prior to the first occupation of the development hereby permitted, visibility lines must be provided in accordance with the approved drawings. Everything within the visibility sight lines, including gates, walls, railings and plant growth is to be permanently restricted in height to 900mm above road level. The foliage of the existing tree must be kept permanently pruned in such a way that the tree does not present a hazard to drivers using the estate road. Reason(s) To ensure that the development is carried out and completed in accordance with the details approved by the Minister for Planning and Environment. The execution of this development is considered to be critical to its success, and the Minister wishes to be assured as to the quality of these details. In the interests of highway safety, in accordance with Policy GD 1 of the 2011 Island Plan.
Reason for Approval	Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received. The Planning Applications Panel, which determined the application, visited the site as part of this process. The approved scheme is for an additional bedroom extension, at first floor level, for one of the previously-approved dwellings. The extension would be built above the approved garage; it would not project beyond the existing building lines, or building envelope, of the development already under construction. As such, the impact on neighbouring properties within the immediate vicinity would be minimal and it would not unreasonably harm neighbouring amenity. The site is located within the Built Up Area site wherein, under the provisions of Policy H 6 of the 2011 Island Plan, the construction of new dwellings, and the extension of existing dwellings, will be permitted.
Background Papers	1:2500 Location Plan 7 letters of objection Pre-application email exchange between Dept. & architect

Endorsed by:

Date: