Planning Obligation Agreement: Field No. 1218 Mont a L'Abbe, St. Helier.

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A decision made (25/09/2008) regarding: Planning Obligation Agreement: Field No. 1218 Mont a L'Abbe, St. Helier.

Decision Reference: MD-PE-2008-0204			Application Number: P/2006/2648 (If applicable)
Decision Summary Title :	Planning Obligation Agreement: Field No 1218, Mont a L'Abbe, St. Helier, Jersey, JE2 3LE		Date of Decision Summary:		20th August 2008
Decision Summary Author:	Marion Jones - Planner		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written and Oral		Person Giving Oral Report:		Marion Jones - Planner
Written Report Title :	Planning Obligation Agreement: Field No 1218, Mont a L'Abbé, St. Helier, Jersey, JE2 3LE		Date of Written Report:		25th July 2008
Written Report Author:	Marion Jones - Planner		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Planning Obligation Agreement: Field No 1218, Mont a L'Abbe, St. Helier, Jersey, JE2 3LE, relating to:- The construct 14 no. First Time Buyer Houses. AMENDED PLANS: Revised access arrangement - introduction of one-way loop. ADDITIONAL AMENDED PLANS: Single access from New St John's Road.
Decision(s): The Minister for Planning and Environment requires a Planning Obligation Agreement as follows:- The 14 no. Category A dwelling units hereby permitted shall be developed and retained in the proportion 8 no. for sale to first-time buyers, as defined in the obligation and 6 no. for homes purchased under the ‘Jersey Homebuy Scheme’, in accordance with the Island Plan 2002, Policy H1 ‘Provision of Homes’. (As amended: States reference P/74/2008 10th July 2008).
Reason(s) for Decision: The draft Modification Agreement to the POA for Field 1218 enables the objective, of providing homes to be purchased under the ‘Jersey Homebuy Scheme’.

Action required: Advise Law Officers Department of the Minister’s decision to enable the draft Modification to be forwarded to other parties for consideration and signature, before being brought back to the Minister or his delegated representative for signature.
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

Planning Obligation Agreement: Field No. 1218 Mont a L'Abbe, St. Helier.

Planning and Environment Department

Report

Application Number

P/2006/2648

Site Address	Field No 1218, Mont a L'Abbe, St. Helier, JE2 3LE.

Applicant	Mr S Marett

Description	Construct 14 no. First Time Buyer Houses. AMENDED PLANS: Revised access arrangement - introduction of one-way loop. ADDITIONAL AMENDED PLANS: Single access from New St John's Road.

Type	Planning

Date Validated	06/12/2006

Zones	Site Safe Guarded Future Cat. A. Built-Up Area

Policies	G2 - General Development Considerations H3 - Site for Further Consideration for Category ‘A’ Housing H8 - Housing Development within the Built-Up Area H1 - Provision of Homes

Reason for Referral	Size and scale of development proposal Access to proposed development

Summary/

Conclusion

The amended access arrangements to this development whilst ensuring that the proposed 14 no. units of accommodation will be entirely separate from the existing development at Field 1218 will also mean a better and improved flow of traffic when entering and exiting the site.

Therefore the application is considered acceptable provided the terms and conditions of Transport and Technical Services (Highways) and the Parish are met to the satisfaction of the Minister for Planning and Environment.

Officer

Recommendation

APPROVAL with conditions as attached.

Site Description	The development site is located adjacent to the Uplands Hotel and forms part of Field 1218, Mont a L’Abbe, St. Helier which is a zoned Category ‘A’ housing site. The majority of site has been developed through the completion of 125 first time buyer and social rental homes.

Relevant Planning History	December 2006 - A Planning in Principle application is submitted. August 2007 - The Planning in Principle proposal is upgraded to a detailed Planning application. 26th March 2008 - The proposal was considered by the Planning Application Panel who took into account the resident’s concerns regarding access arrangements to the site which coincided with their own concerns regarding the proposed access arrangements for the new development. The Panel decided that it would defer making a decision and requested that further consideration be given to the issues raised in connection with the access arrangements. Following the Planning Application Panel meeting held in March a further 19 no. letters of representation and a 94 no. signature petition from residents of Clos Vaze was submitted to the Department. The concerns relate almost entirely to the proposed one-way access system which would feed vehicles through a narrow access route separating Units no. 5 and no. 6, Le Clos Vaze. The concerns highlight the fact that Unit No.’s 1 to 5 would be forced to drive up through the new development and effectively loop right round on themselves to exit their properties. 19th June 2008 - Amended plans submitted by the applicant for an entirely new access arrangement which in effect extinguishes the original access proposals entirely. In its place a single access is proposed still leading from New St John's Road but via the existing Uplands Hotel access.

Existing use of Land/Buildings	Undeveloped Category ‘A’ housing site.

Proposed use of Land/Buildings	Construct 14 no. mixed tenure (first time buyer/social) housing.

Consultations	Transport and Technical Services (TTS) (Highways) in their E:Mail dated 25th July 2008 state: “TTS Highways has no objection to the proposals in principle. However, we wish to highlight the recently constructed boundary wall pillars to the property immediately to the south of the exit, which, if they were to be reduced in height to 900mm above road level would improve the borderline visibility distance. TTS has no record of having seen the planning application to construct these pillars, which reduce the visibility distance of the vehicular exit of the property to which they belong.” Parish in telephone discussions dated 25th July 2008 offer an in principle advice as the Parish Roads Committee have still to officially comment on the proposal. “Observations of the revised scheme note that there is no central bin store point for refuse collection which a scheme of this nature would be expected to provide.” Comments by the Parish also state that unlike the existing Clos Vaze development where it is intended that the Parish adopt and maintain the management of the internal roads this application would not be subject to Parish involvement other than their specific refuse requirements. All consultations are attached with the background papers

Summary of Representations	No representations have been received in relation to the latest amended access arrangement for the application.

Planning Issues	Policy Considerations As per Officer Committee Report of 12/03/08. Land Use Implications As per Officer Committee Report of 12/03/08. Size, Scale & Siting Ten three storey units, as opposed to nine on original scheme, will be located to the west of the site and four two storey, as opposed to five on original scheme, will be located to the east of the site. Design & Use of Materials As per Officer Committee Report of 12/03/08. Impact on Neighbours Taking into account the concerns of the neighbours to the east of the development a path way will be incorporated in between the gardens of the two storey units and the existing properties to the east. Access, Car parking and Highway Considerations Covered in report (see above). Foul Sewage Disposal As per Officer Committee Report of 12/03/08. Landscaping issues As per Officer Committee Report of 12/03/08. Other Material Considerations As per Officer Committee Report of 12/03/08.

Officer Recommendation	APPROVE with conditions

Conditions/ Reasons	Conditions 1. Where public art is to be provided either as an integral part of or in association with the approved development, the approved scheme of public art shall be implemented prior to the beneficial occupation of the relevant phases of the development and shall be maintained, thereafter, in accordance with an approved schedule of maintenance provided as part of the applicant's Public Art Statement, which will specify responsibility, funding, frequency and nature of required maintenance. 2. The development hereby approved must comply with the Minister's requirements within the Island Plan for Policies H1 & H2 - Mixed Tenure whereby 55% of new homes will be sold to first-time buyers and 45% of new homes will be sold to a social housing landlord approved for that purpose by the States of Jersey Population Department for rental to persons meeting the Minister's qualifications. 3. The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Minister for Planning and Environment, a scheme of landscaping which shall provide details of the following; i) all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain on the site and on adjoining land within the same ownership; ii) the position of all new trees and/or shrubs, this must include the species of plant(s)/tree(s) to be planted, their size, number and spacing and the means to be used to support and protect them; iii) other landscape treatments to be carried out or features to be created, for example, any excavation works, surfacing treatments, or means of enclosure; iv) the measures to be taken to protect existing trees and shrubs; and, v) the arrangements to be made for the maintenance of the landscaped areas. 4. All planting and other operations comprised in the landscaping scheme approved under this permission, shall be carried out and completed in the first planting season following the commencement of the development. 5. No development shall take place on the site in pursuance of this permission until all of the information required has been submitted to and approved by the Minister for Planning and Environment through the submission of a detailed planning application. This information shall include: a) A description of the external materials to be used, inclusive of render bands; b) Information to show the treatment of all the external windows and doors, this should include a typical example, including colour, design details and materials; c) Information to show the means by which any curtilage is to be enclosed; d) Information to show all hard landscaping proposed for the site, including internal walls and surfacing materials; e) Plans to show any works required in connection with the provision of foul and surface water drainage. 6. A. The accommodation/dwellings to which this permission relates shall not without the consent of the Minister for Planning and Environment be transferred by sale, cession, gift, exchange or other form of transfer to any person who does not satisfy the criteria specified in the schedule hereto. B. The accommodation/dwellings to which this permission relates shall not without the consent of the Minister for Planning and Environment be occupied by any person who does not satisfy the criteria specified in the schedule hereto and who does not occupy the accommodation as his sole or principal place of residence. Schedule persons to whom (the residential accommodation) may be transferred in accordance with condition A above, or who may occupy (the residential accommodation) in accordance with condition B above. 1) any person who - i) does not own, and has not previously owned, whether as a sole owner or jointly or in common with any other person or persons, a) any immovable property; b) either in his own name or as beneficial owner shares in any company, ownership of which confers the right to occupy residential accommodation; and - ii) is neither married to, nor buying as co-owner with, any person who does not fall within (i) above 2) any person who has been approved by the Minister For Housing as being a person to whom consent should be granted to acquire or to occupy the residential accommodation as the case may be notwithstanding the fact that he does not fall within (1) above. 7. Prior to first use of the development hereby permitted, the required main road footway alignment for the accesses which serve the site and pedestrian refuge must be constructed for use by pedestrians and thereafter maintained. 8. Prior to commencement of any development on the site, full details of permitted visibility splays in accordance with Transport and Technical Services (Highways) comments of 25th July 2008 must be provided in accordance with the approved drawings. 9. Prior to commencement of the development hereby permitted, full details of the provisions and arrangements to be made for the storage and disposal of refuse must be submitted to and approved in writing by the Minister for Planning and Environment. Reasons 1. To ensure the implementation and subsequent maintenance of an agreed scheme of public art. 2. This development has been permitted on the basis of Policies H1 and H2 of the Island Plan and it is vital that the Minister ensures that it is implemented in accordance with these policies. 3. To ensure that before development proceeds provision is made for a landscaping regime that will enhance the appearance of the development and help to assimilate it into the landscape. 4. To ensure that the benefits of the approved landscaping scheme are not delayed and consequently make an early contribution to the amenity of the site in the interest of sustaining and enhancing landscape quality. 5. These items have been omitted from the application and require approval prior to commencement of this development. 6. To ensure that the land and property the subject of this application remains in the use for which it was designatedby the states, in the best interests of the community. 7. In the interests of public safety. 8. In the interests of highway safety. 9. To ensure that waste and refuse is stored and disposed of without harming the amenities of the occupiers of noeghbouring propoerties or the surrounding area.

Background Papers	1:2500 Location Plan Letter from Agent 7th August 2007 and Design Statement Consultation responses:- Population Department 12th Dec. 2006 Housing Department 21st Nov. 2007 Parish of St. Helier 29th January 2007 TTS - Drainage 15th Jan. & 7th Sept. 2007 TTS - Highways 19th Sept. 2007 & E:Mail: 25 July 2008 Letters of Representation: Sunningdale – 18.12.06 Rose Villa – 21.12.06 & 18.05.08 13 Clos Vaze – 29.08.07 5 Clos Vaze – 3.09.07 & 3.06.08 4 Clos Vaze & 19.06.08 2 Clos Vaze – 7.09.07 52 Clos Vaze – 2.06.08 25 Clos Vaze – 2.06.08 12 Clos Vaze – 2.06.08 37 Clos Vaze – 3.06.08 21 Clos Vaze – 2.06.08 19 Clos Vaze – 4.06.08 20 Clos Vaze – 7.06.08 38 Clos Vaze – 8.06.08 22 Clos Vaze – 9.06.08 17 Clos Vaze – 10.06.08 8 Clos Vaze – 11.06.08 7 Clos Vaze – 11.06.08 47 Clos Vaze – 11.06.08 59 Clos Vaze – 12.06.08 94 no. signature petition – 3.06.08

Endorsed by:

Date: