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Esplanade Quarter, Esplanade, St. Helier: Planning Application: (P/2012/1141): Further determination by Minister

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A decision made in conjunction with MD-PE-2013-0054:

Decision Reference:   MD-PE-2013-0068

Application Number:  P/2012/1141

(If applicable)

Decision Summary Title :

Esplanade Quarter, Esplanade, Jersey, JE2 3QB

Date of Decision Summary:

8 July 2013

Decision Summary Author:

 

Principal 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:

n/a

Written Report

Title :

P/2012/1141

Date of Written Report:

8 July 2013

Written Report Author:

Principal Planner

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Esplanade Quarter, Esplanade, Jersey, JE2 3QB

 

Construct office block with associated basement and landscaping. Temporary relocation of existing car park. UPDATED INFORMATION: EIS SUBMITTED. AMENDED PLANS: Revisions to site edged red application boundary.

 

Decision(s):

 

By issue of MD-PE-2013-0054 on 21 May 2013 the Minister endorsed the Department recommendation that the subject planning application be approved, subject to the stated conditions and the prior completion of a Planning Obligation Agreement. Since that Ministerial Decision, and ahead of the completion of the required Planning Obligation Agreement, further representations have been received by the Minister, specifically:

  • Roy McCarthy, dated 10 May 2013;
  • Rachel Stirrup, dated 16 May 2013;
  • Norma Pridiss, undated;
  • Tony Bellows, dated 20 May 2013
  • Josephine Moss, dated 18 May 2013

 

These representations (attached) all object to the application, raising concerns in relation to:

  • The design of the buildings being ‘glass monolithic cubes’;
  • The Percentage for Art should be delivered by local artists;
  • The sea wall should be preserved and enhanced;
  • Wider public consultation should be undertaken for such projects.

 

In addition, it has become apparent that the Department failed to acknowledge receipt of an earlier representation from Save our Shoreline (SOS), submitted on 8th October 2012 (now attached). This representation was not included with the earlier Ministerial background papers, and the objector was inadvertently not invited to the original Ministerial Meeting.

 

The Minister therefore convened a meeting with SOS (also attended by the applicant and officers) to hear their representations. The Minister noted that the concerns related primarily to the retention of the sea wall, plus matters around the examination of ground conditions and pollution controls.

 

The Minister was also conscious that the SOS representations repeated concerns which had been expressed in earlier objections and in comments from technical consultees. These had been considered in the earlier Department Report and discussed at the original Ministerial Meeting. The Minister also noted that Mr Cabeldu, of Save our Shoreline, had submitted an earlier representation (as an individual) which included concerns similar to those now being presented, and which the Minister had previously considered.

 

The Minister confirmed he has considered all the representations and is content that the matters relevant to ground conditions and pollution controls are properly covered by proposed conditions on the planning permit. However, he saw merit in seeking to retain the maximum amount of the sea wall and promenade outside the building line, which, following discussion with the applicant could total about 27m. The Minister noted final landscape works were already controlled by condition and required that the details of the retention of the majority of the retained sea wall, parapet and promenade are to be submitted by way of a further condition to require:

 

Prior to the commencement of development, drawings at no less than 1:100 scale shall be submitted to and agreed in writing by the Minister for Planning and Environment to show hard landscape treatments of the open areas to the north of the building hereby approved, to include the retention of the majority of the sea wall parapet, the sea wall face and the promenade, outside the building line and outside the key entrance points. All the approved works are to be completed in full prior to first occupation of the building hereby approved, and maintained in perpetuity thereafter.

 

Reason: In the interests of the historic environment in accordance with Policy HE1 and BE2 of the Jersey Island Plan 2011.

 

In addition, the Minister reviewed the proposed roof treatments and required that the landscape condition (no. 1) on the proposed planning permit be amended to include within the text commencing “for the avoidance of doubt” that:

 

 outside the areas of mechanical and electrical plant on the roof, a sedum treatment               shall be delivered.

 

Accordingly the Minister instructed officers to amend his earlier approval of the application as noted above.

 

This Ministerial Decision is supplementary to, and is to be read in conjunction with MD-PE-2013-0054

 

Reason(s) for Decision:

 

The proposed development is considered to be acceptable having due regard to the Jersey Island Plan 2011 and all of the other material considerations raised. In particular, the development has been assessed against Policies SP1, SP2, SP3, SP4, SP5, SP6, SP7, GD1, GD2, GD4, GD5, GD6, GD7, GD8, GD9, NE1, HE5, BE1, BE2, BE5, BE10, EO1, TT4, TT7, TT8, TT9, TT10, NR1, NR7, WM1, WM5, LWM2 and LWM2 of the Jersey Island Plan 2011. In addition, the development has been assessed against the Waterfront Supplementary Planning Guidance (April 2006), Masterplan for the Esplanade Quarter (April 2008), Masterplan Amendment (March 2011) and the Esplanade Quarter Design Code (September 2008).

 

In this case, the proposed development is regarded as acceptable having balanced an assessment of the objectives of the various individual policies, and the Supplementary Planning Guidance documents. The Minister acknowledges the application delivers a proportionate amount of the Masterplan objectives, and does not preclude the full delivery of the Masterplan objectives in future phases of development. The Minister is further conscious of the relationship with the wider Esplanade Quarter site and has identified the need for a Phasing Plan to manage that delivery.

 

In addition, the representations raised to the scheme have been carefully assessed. The Minister acknowledges the representations and has weighed them against the benefits delivered by the application. Taken as a package, the Minister believes the application to be a positive benefit, and that the potential impacts will not be unreasonable in all the circumstances.

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):

 

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