Pres D'Etang, La Grande Route des Mielles, St. Peter: Determination of Planning Application

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A decision made 11 July 2011 regarding:

Decision Reference: MD-PE-2011-0066

Application Number: P/2010/0199

(If applicable)

Decision Summary Title :

Pres D'Etang, La Grande Route des Mielles, St. Peter

Date of Decision Summary:

7/7/2011

Decision Summary Author:

Senior Planner

– A Coates

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Written Report

Title :

Demolish existing dwelling. Construct 1 No. dwelling with garage and associated landscaping. AMENDED PLANS: Scale of proposed development reduced at, Pres D'Etang, La Grande Route des Mielles, St. Peter.

Date of Written Report:

25/2/2011

Written Report Author:

Senior Planner

– A Coates

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Pres D'Etang, La Grande Route des Mielles, , St. Peter, JE3 7NF

Demolish existing dwelling. Construct 1 No. dwelling with garage and associated landscaping. AMENDED PLANS: Scale of proposed development reduced.

Decision(s):

The Minister for Planning and Environment considered the proposed redevelopment of Pres d’Etang at his Ministerial Meeting on 11th March 2011. At that meeting, representations were heard from the applicant’s architect and the Senior Planner outlined the history, policy considerations and gave a detailed explanation of the proposal. The Minister considered that the proposal could benefit from a softer, more traditional approach to the architecture and was of the opinion that any upper floor accommodation should be incorporated within the roof-space of any replacement dwelling. The Minister therefore deferred making a decision on the application, in order to give the applicant time to consider amending the scheme.

In light of the fact that the applicant has confirmed that he does not wish to amend the proposal, the Minister has decided to refuse the application, in line with Policies NE6, GD1, GD2, GD7 of the Jersey Island Plan, 2011 for the following reasons:

Reason(s) for Decision:

1. The site lies within the designated Coastal National Park wherein there is the strongest presumption against all forms of new development. In the case of the redevelopment of existing residential buildings, exceptions will only be made where it is demonstrated that the development would give rise to demonstrable environmental gains and make a positive contribution to the repair and restoration of the landscape character of the area by a reduction in their visual impact and an improvement in the design of the building that is more sensitive to the character of the area and local relevance. In this instance, the Department does not accept that the proposed new dwelling is of local relevance nor that it would serve to repair or restore the character of this sensitive location within the Coastal National Park. Accordingly, the proposal is considered to be contrary to the provisions of Policies SP7, NE6, GD1 and GD2 of the Jersey Island Plan, 2011.

2. The size, bulk and design of the proposed dwelling does not relate to, or satisfactorily respond to, the local settlement form and character, topography, landscape features and the wider landscape setting. Moreover, the submitted plans fail to demonstrate the degree to which the design, materials and finishes reflect or complement the style and traditions of local buildings. Accordingly, the Department does not consider that the proposals attain the high standard of design required by the Minister for Planning and Environment and the proposal is, therefore, contrary to Policies SP7, GD1, GD2, GD7 and NE6 of the Jersey Island Plan, 2011.

Resource Implications:

None

Action required:

Notify Agent, Applicant and all other interested parties of the decision

Signature:

Senator F E Cohen

PLeg / PT Initials

Position:

Minister for Planning and Environment

Date Signed:

Date of Decision (If different from Date Signed):

Pres D'Etang, La Grande Route des Mielles, St. Peter: Determination of Planning Application

Planning and Environment Department

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

(This is hidden text it will not print out. Use F11 to move to the next field. Shift -F11 to previous field.)Planning and Environment Department

Report

Application Number

P/2010/0199

Site Address	Pres D'Etang, La Grande Route des Mielles, St. Peter, JE3 7NF.

Applicant	Prime Estates (Pres D'Etang) Ltd

Description	Demolish existing dwelling. Construct 1 No. dwelling with garage and associated landscaping. AMENDED PLANS: Scale of proposed development reduced.

Type	Planning

Date Validated	19/02/2010

Zones	Coastal National Park Water Pollution Safeguard Area.

Policies	G2 –General Development Considerations G3- Quality of Design C5- Green Zone G11 – Sites of Special Interest G15- Replacement Buildings

Reason for Referral	(Delete as appropriate)Minister Call-in.

Summary/

Conclusion

The application is to build a replacement dwelling sited further away from the pond than the existing dwelling which has no intrinsic merit, architecturally or historically.

The new dwelling is of well detailed contemporary architecture with flat, sedum covered roof. Accommodation would be on two floors, whereas the existing structure is single-storey. Although there will be a 25% increase in floor area over the existing structures, it is considered that the scale, location and design of the new building would not detract from, nor unreasonably harm, the visually sensitive character and scenic quality of the Green Zone or of this part of St Ouens Bay.

Objections have been received to the principal of a new house in this location, but the fact remains that the existing dwelling is in poor condition and of little merit. A replacement dwelling is, accordingly, a reasonable expectation in this instance. The Green Zone Policy does not exclude replacement buildings which are larger than the original structure, although the St Ouen’s Bay Planning Framework document requires replacement dwellings to be of a similar size to the existing dwelling (SOBPF SO16).

Subject to the adherence to a comprehensive Construction & Environmental Management Plan, the Department does not consider that the proposal would have an adverse impact upon the SSI status of the pond.

(Worthwhile, when there is a conflicting balance of considerations, to play devil`s advocate, then give reasons for reaching recommendation.)

Officer

Recommendation

APPROVAL

Site Description	The site is directly adjacent La Mare au Seigneur (St Ouen’s Pond) and the existing house is a distinctive white, single storey dwelling.

Relevant Planning History	This application was submitted in February 2010 and, following discussions with the Department, the original plans were amended and the application presented to the Panel in August 2010. Following a Panel visit to the site, Members resolved to defer determination of the application in order to allow the plans to be further amended to show a reduction in the scale of the original proposal. The current plans were submitted in response to the Panel’s concerns.

Existing use of Land/Buildings	Dwelling.

Proposed use of Land/Buildings	Dwelling.

Consultations	(Delete as appropriate and summarise comments wherever possible)It should be noted that all consultations responses were received in connection with the application in its original form (February 2010). The Department considers that the principle of the proposed re-development remains the same, albeit on a reduced scale, and hence the consultation responses remain valid. Natural Environment Section – “…Due to the high ecological value of the surrounding land and its designation as a Site of Special Ecological Interest, it is strongly recommended that a method statement is produced, and agreed, with the Department before any permissions are decided or works start. The method statement should detail all of the steps involved in the work, the plant and materials used and such issues as defining a minimum working area. Based on this information, it may be possible to determine the impacts that such a development will cause to the SSI, and therefore suggest less harmful methodologies or mitigation of impacts…”. Natural Environment also comment that the movement of people on the proposed terrace may disturb birds – to the detriment of the bio-diversity of the area. Environmental Protection – request that a condition be attached to any permit issued, requiring the submission of a Construction & Environmental Management Plan to encapsulate all environmental issues and proposed mitigation measures. Marine & Coastal Officer – no comments to make. T&TS (Drainage) – note the intention to connect the site to mains drains. All consultations are attached with the background papers

Summary of Representations	Following public consultation on the application in its original form (February 2010), two letters of representation were received, as outlined below. The current plans, which significantly revise the original submission, were also advertised in the usual manner and no further representations were received. The original two letters were not withdrawn by their authors and are assumed to remain pertinent to the current submission. The National Trust for Jersey raise the following concerns: - the replacement dwelling would be higher and of a greater area than the existing and therefore more intrusive. - inappropriate design. -extensive glazing will result in light pollution and impact upon the pond’s wildlife. -movement and noise from occupants using an external staircase will disturb wildlife. -proposed landscaping of a dune area is not natural. - measures to protect the pond and its wildlife are not clear. The Trust believe that a replacement dwelling may be acceptable it had a reduced footprint, single storey, flat roof and clad in natural materials with an internal lightwell or courtyard to reduce the need for outward looking glazing. A letter from a member of the public has also been received echoing the Trust’s concerns. The agent has responded to the submissions and the response is attached with the papers. All letters of representation and responses are attached with the background papers

Planning Issues	Policy Considerations G2 – Sets out the General Development Considerations to be used in all cases. G3 – Stipulates a requirement for a high quality of design. C5 – General presumption against all forms of development, but makes limited provision for developments where their scale, location and design would not detract from, or unreasonably harm, the visually sensitive character and scenic quality of the Green Zone. G11 – presumption against development that would have an adverse impact on the special character of an SSI. G15 – Allows for replacement buildings where the new structure would enhance the appearance of the site and surroundings, and subject to compliance with other criteria clearly stated in the Policy. SO3 – Proposals within St Ouen’s Bay should protect, sustain & enhance the landscape, visual amenity and natural environment. SO6 – Careful assessment is required adjacent to SSIs. SO10 – Strong presumption against new development within the St Ouens Bay Planning Framework Area, but states that “…Appropriate development may comprise…replacement, alteration or extension of existing buildings for residential use…”. Appropriate developments must be located and designed so as not to adversely affect the unique character of St Ouens Bay. SO13 – detailed treatments of development proposals must be of a high standard. SO16 – replacement dwellings will only be permitted where, inter alia, the proposal would enhance the appearance of the site , not be more intrusive in the landscape and where the new dwelling is of a similar size to the original. SO20 – Presumption against development unless adequate measures can be put in place to prevent pollution and disturbance. SO22 – Proposals should include measures to control skyglow, glare and light trespass. (What are the presumptions) Land Use Implications No change. Size, Scale & Siting (Design Statement submitted?) Total floor area of the existing dwelling and garage is 228 sq.m compared with the proposed floor area of 280sq.m [agent’s figures]. This represents an approximate 25% increase in floor area, which is not considered excessive in this instance given the need to find a bespoke solution to the issue of a replacement dwelling. Furthermore, the new dwelling would be set significantly further away from the pond than the existing dwelling, opening up views from the Five Mile Road to the reed beds and green backdrop beyond. Although the new structure would have two floors, the finished height of the flat sedum roof would equate to that of the ridge of the existing dwelling. The Department considers that the size, scale and siting of the replacement dwelling are acceptable. Design & Use of Materials Materials would primarily be a green sedum roof, timber first floor structure, sitting atop coloured render to blend in with the surroundings. The plans have been amended following discussion between the agent, Case Officer and Department Architect and the Department now considers that the proposed design and use of materials is acceptable. Impact on Neighbours Given the relatively isolated nature of the site and the fact that the proposal is for a single dwelling only, no significant impact is envisaged on the amenities of the nearest resident residential properties. Access, Car parking and Highway Considerations No significant alteration to the access is proposed and the site has ample space to cater for the parking requirements of the proposed development. Visibility splays will be improved in a sensitive manner. Foul Sewage Disposal The proposed development would dispense with the current tight tank and connect to the public foul sewer, which is considered to be an improvement in the drainage of the site, away from the fragile environment of the pond. Landscaping issues A sub-urban, domestic planting scheme would be out of place here and for this reason, it is recommended that a condition be attached to any permission granted requiring the submission of a suitable, locally relevant planting scheme to be implemented. A scheme has been submitted which shows sedum covered roofs and an extension to the reed bed into the site, but it is felt that more detail is required on this issue to ensure that the landscape is successfully assimilated into the natural vegetation.

Officer Recommendation	APPROVAL
Conditions 1. Within two months of the first occupation of the replacement dwelling, the existing property (Pres d’Etang) and all associated structures shall be demolished and the site restored in accordance with the approved plans. 2. The development hereby approved shall not be commenced until there has been submitted to and approved in writing by the Department, a further scheme of landscaping which will show full respect for the design ethos of the principal dwelling as well as the need to preserve, enhance and strenghthen the bio-diversity of the site and successfully assimilate it into the adjacent reed beds. The landscape scheme A five year maintenance schedule for the planting shall be submitted to the Department by the architect and shall be adhered to for the duration of the schedule. 3. Notwithstanding the submitted plans, a complete schedule of all external materials (including finished colours) and surfacing, precise siting, finishes and, method of opening & reveal depths, all wall & roofing materials, new windows, external doors, lighting and rainwater goods shall be submitted to and approved by the Department and such schedule shall thereafter adhered to unless otherwise agreed by the Department. The schedule shall include physical samples of all external materials to be used and it is expected that foul and grey-water pipes be routed internally within the envelope of the dwelling unless compelling justification is given to warrant otherwise. 4. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order, 2008, no alterations, additions, extensions, windows, doors, fences, walls, sheds, illumination or other structures shall be installed, affixed or erected on any part of the site or building therein without the prior written approval of the Department. 5. The architect appointed in the development of the scheme hereby approved shall be retained throughout all the construction phase of the development. Prior to the occupation / use of each element of the development, the architect must give written confirmation to the Minister that he or she is satisfied that the building has been completed in accordance with the approved plans and that the quality of materials and workmanship is of the highest possible order. 6. Before construction commences,details of measures to reduce the impact of internal light spillage during night time and of all external lighting, including lighting of the buildings, driveway and security lighting shall be submitted to and approved in writing by the Minister for Planning and Environment and such details shall include measures to prevent unecessary light pollution and of maintaining the dark night sky policy of the Department. No additional external lights shall be installed other than those so approved unless prior written approval is obtained from the Department and all measures to reduce light spillage shall be implemented to the satisfaction of the Department from the date of the first occupation of the new dwelling. 7. Before the dwelling is occupied, the proposed means of boundary treatment to all external aspects of the development shall be submitted to and approved in writing by the Department. 8. The approved access, parking and maneuvering arrangements shall be fully implemented to the satisfaction of the Department, before any dwelling on the site is first occupied and any gates erected in the access drive shall open inwards only. 9. Prior to the commencement of development, a comprehensive Construction and Environmental Management Plan shall be submitted to and approved in writing by the Department. Such plan shall include details of hours of work, security fencing, storage of plant and machinery, temporary site cabins, methods of preventing wind-blown debris, means of preventing contamination of the ground and water from fuel spillage etc. and measures for preventing disturbance to wildlife. The approved plan shall be adhered to at all times unless specific written authority is given to deviate from the plan.

Background Papers	1:2500 Location Plan Design Statement Consultation responses from Natural Environment Section, Environment Protection and Marine & Coastal Officer. Letters of representation Response from agent.

Endorsed by:

Date: