TRANSPORT AND TECHNICAL SERVICES
PLANNING OBLIGATION AGREEMENT UNDER ARTICLE 25 OF THE PLANNING
AND BUILDING (JERSEY) LAW 2002
Purpose of the Report
To sign a Planning Obligation Agreement (POA) under Article 25 of the Planning and Building (Jersey) Law 2002 relating to The Southampton development.
Background
A planning application has been made to re-develop The Southampton. The Developer of The Southampton, 14-16 Weighbridge Place, St Helier, has undertaken to carry out Public Realm improvements in the immediate vicinity of the development. The land on which these improvements are to be carried out is part of the Public Highway, and under the administration of the Minister for Transport and Technical Services (TTS).
The Planning application was approved by the Minister for Planning and Environment at the Planning Public Meeting held on 12 October 2012 subject to completion of this POA.
Discussion
The proposed Public Realm Works are detailed on the drawing attached at Appendix A. The works are to be carried out on land in public ownership that is administered by the Minister for TTS. All works will be carried out and paid for by the Developer. To ensure the works are carried out to the satisfaction of the Minister for TTS, it has been agreed that the Developer, the Minister for Planning and Environment and the Minister for TTS will be party to the POA.
The POA details the duties and responsibilities of each of the parties, and their delegated representatives, to ensure that the works are carried out to an appropriate specification in a timely manner. This will ensure that the Public Realm Works are built to an appropriate standard ensuring that public assets are protected, and that the developer will not be unduly delayed in completing the development.
Once the Public Realm Works have been completed to the satisfaction of the Minister for TTS, the POA grants the Developer rights to use the agreed al fresco for a minimum period of ten years.
Recommendation
The Minister is recommended to sign the Planning Obligation Agreement relating to the development of The Southampton, 14-16 Weighbridge Place, St Helier.
Reason(s) for Decision
To improve the Public Realm in the immediate vicinity of the Development of The Southampton, and enable a high quality al fresco facility as part of that development.
Resource Implications
All costs relating to the works will be borne by the developer of The Southampton.
Action Required
The Minister is to sign the Planning Obligation Agreement relating to the development of The Southampton, 14-16 Weighbridge Place, St Helier.
Written by: | Acting Senior Engineer |
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Approved by: | Director - Transport |
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Endorsed by: | Director – Engineering and Infrastructure |
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Attachments: | Appendix A – Plan |
I:\Minister\2013\Ministerial Decisions 2013\MD 0017 The Southampton Development Planning Obligation Agreement\WR The Southampton Development Planning Obligation Agreement.doc