Amador, Tower Road, St Helier JE2 3HR: Appeal Decision

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A decision made on 23 July 2019

Decision Reference: MD-PE-2019-0062

Application Reference: P/2018/1182

Decision Summary Title:

Appeal Decision – Amador

Date of Decision Summary:

23 July 2019

Decision Summary Author:

Principal Policy Planner – Strategic Policy, Performance & Population

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Inspector’s Report- Amador

Date of Written Report:

Undated

Written Report Author:

N McGurk BSc(Hons), MCD, MBA, MRTPI

Planning Inspector

Written Report :

Public or Exempt?

Public

Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to refuse planning permission for; “Demolish existing garage and construct 2 No. one bed and 1 No. two bed residential units with associated landscaping and parking. AMENDED PLANS: Establishment of a vehicle passing bay, installation of a privacy screen to first floor terrace, removal of two first floor windows and, the addition of two parking spaces” at Amador, Tower Road, St Helier JE2 3HR.

Decision:

The Minister dismissed the appeal and refused to grant planning permission, reference P/2018/1182, for the following reasons: -

By virtue of its scale, form, prominence and design, the proposed development would be out of character with the context of its surrounding built and landscape environment, and so fails to satisfy the requirements of Policies SP 7, GD 1 and GD 7 of the adopted Island Plan 2011 (revised 2014).

The development, if approved, would increase the density of development within the Green Backdrop Zone and would result in a building form that would dominate over the landscape in this area and detract from its landscape character. Accordingly, the proposals fail to satisfy the requirements of Policy BE3 of the adopted Island Plan 2011 (revised 2014).

Reason for Decision:

The Minister gave full consideration to the Inspector’s report and appreciated the balanced way in which the various issues raised by the appeal were approached and assessed.

However, the Minister also considered, fully, the decision of the Planning Committee to refuse planning permission and the reasoning behind that decision, together with cogent arguments put forward by local residents and their agent(s) – both during the original planning application assessment period and during the appeal process.

Subsequent to close scrutiny of the plans, the submitted 3D model of the proposed development and after studying all documentation relating to the application and appeal, the Minister was of the opinion that the proposed development would have a detrimental impact upon the character of the area which lies within the Green Backdrop Zone.

Consequently, the Minister did not accept the Inspector’s recommendation that planning permission should be granted.

Resource Implications:

None

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

Deputy John H Young

Position:

Minister for the Environment

Date Signed:

Date of Decision (If different from Date Signed):