Esplanade Quarter Masterplan and associated guidance documents: Rescindment of the 2008

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A decision made of 16 December 2019

Decision Reference: MD-PE-2019-0109
Decision Summary Title :	Rescindment of the 2008 Esplanade Quarter Masterplan and associated guidance documents		Date of Decision Summary:	28 November 2019
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 :	Proposed Rescindment of the 2008 Esplanade Masterplan and associated guidance documents		Date of Written Report:	28 November 2019
Written Report Author:	Principal Policy Planner – Strategic Policy, Planning and Performance		Written Report :	Public
Subject: Rescindment of the 2008 Esplanade Quarter Masterplan and associated planning guidance documents
Decision: The Minister resolved to: Rescind the Masterplan for the Esplanade Quarter, dated15 April 2008. Rescind the amendment to the 2008 Masterplan, dated 23 March 2011. Rescind the Design Code for the Esplanade Quarter, dated October 2008. Rescind the Jersey Waterfront SPG, dated April 2006.
Reason for decision: Following a review of the 2008 Masterplan for the Esplanade Quarter, the Minister considered that the Masterplan, its amendment and its associated Design Code and the Jersey Waterfront SPG should be rescinded for the following reasons: i) The masterplan is overly prescriptive and not sufficiently resilient or flexible to deal with any change in demand for land uses, relative to Island needs. ii) Economic circumstances have changed significantly since the masterplan was prepared and adopted. iii) The stated delivery mechanism, in the form of a Development Agreement with a single developer was never secured and delivery of the scheme has, to date, proceeded in an ad-hoc manner. This has had implications in terms of securing how the public benefits of the masterplan have been delivered. iv) The Masterplan was predicated on the lowering of La Route de la Liberation. There was no planning mechanism to secure its delivery and no certainty that it was financially viable to deliver this key part of the masterplan or the delivery of public infrastructure enhancements. v) Since the Masterplan was adopted, various elements of the wider St. Helier Waterfront have been delivered and the area is now significantly different to that at the time of the 2008 adoption. 2. A new Supplementary Planning Guidance Note (SPG); the Southwest St Helier Planning Framework has been drafted as a replacement to the 2008 Esplanade Quarter Masterplan and associated planning guidance documents. Upon adoption of the new SPG, the 2008 masterplan and associated documents will become obsolete. 3. The decision to adopt the new SPG and to rescind the existing planning guidance was made concurrently.
Resource Implications: None
Action required: Notify the media, relevant Government staff and stakeholders of the decision. Remove website links to the rescinded planning guidance documents.
Signature: Deputy John H Young		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):

Esplanade Quarter Masterplan and associated guidance documents: Rescindment of the 2008

Report to the Minister for the Environment:

Rescindment of the 2008 Esplanade Quarter Masterplan and associated planning guidance.

Summary

1.1 A review of the 2008 Esplanade Quarter Masterplan was commenced in 2016 following comments from an independent planning inspector that, ‘the weight that can be afforded to the masterplan today is substantially reduced. This element of the planning framework cannot be treated as ‘up-to-date’ or fully sound’.

1.2 The review highlighted the need to rescind the 2008 masterplan and to replace it with a more flexible planning guidance document to help facilitate the development of the wider southwest quarter of town.

1.3 Work is now completed on the drafting of the Southwest St Helier Planning Framework, a Supplementary Planning Guidance Note (SPG) that will supersede the 2008 masterplan and associated guidance upon its adoption.

1.4 The final draft of the SPG is now presented to the Minister for consideration and adoption (see MD/2019/0108). The adoption of the planning framework will require a Ministerial Decision to rescind the 2008 masterplan and associated guidance.

Associated guidance

2.1 The 2008 Esplanade Quarter Masterplan is one of a suite of adopted documents guiding the determination of planning applications in the area of the Esplanade and the wider Waterfront. Those documents include:

Masterplan for the Esplanade Quarter, dated15 April 2008
Amendment to the 2008 Masterplan, dated 23 March 2011;

iii.. Design Code for the Esplanade Quarter, dated October 2008;

iv. SPG: The Jersey Waterfront, dated April 2006;

v. 2011 Island Plan (revised 2014);

vi. St Helier Urban Character Appraisal, dated October 2005; and,

vii. SPG: Design Guidance for St Helier, dated January 2013.

2.2 The adoption of the new planning framework will render i. to iv. above obsolete. The documents referred to at v. to vii. will remain valid and in effect as material planning considerations in the determination of planning applications, in conjunction with the guidance offered by the planning framework.

Financial and legal implications

3.1. There are no significant financial or legal implications likely to arise upon rescindment of the planning guidance documents referred to.

Recommendation

4.1. It is recommended that, consequent on the adoption of the South West Planning Framework, the Minister for the Environment:

Rescinds the Masterplan for the Esplanade Quarter, dated 15 April 2008;
Rescinds the amendment to the 2008 Masterplan, dated 23 March 2011;
Rescinds the Design Code for the Esplanade Quarter, dated October 2008; and,
Rescinds the SPG The Jersey Waterfront, dated April 2006.

Report prepared by: Alistair Coates

Principal Policy Planner

Date 28 November 2019