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66 - 72 Esplanade, St. Helier: Planning Application (P2013/1185): Determined by Minister

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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A decision made 4 March 2014:

Decision Reference:   MD-PE-2014-0019

Application Number:  P/2013/1185

(If applicable)

Decision Summary Title :

66-72, Esplanade, St Helier

Date of Decision Summary:

4th March 2014

Decision Summary Author:

 

Senior Planner

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Senior Planner

Written Report

Title :

 n/a

Date of Written Report:

n/a

Written Report Author:

Senior Planner

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

----

Subject:  66-72, Esplanade, St Helier, Jersey,

 

Demolish 66-72 Esplanade, 60 Kensington Place and part of 14 Patriotic Street. Construct 1 No. new six storey office development, incorporating ground floor parking and retention of 14 Patriotic Street listed facade. (EIS Submitted). AMENDED PLANS RECEIVED. AMENDED DESCRIPTION. FURTHER AMENDED PLANS RECEIVED. DIGITAL MODEL AVAILABLE.

 

Decision(s):

 

The planning application was considered at a Ministerial Meeting on 6th December 2013 where the Minister for Planning and Environment deferred the application for further consideration of the design of the building in discussion with the Department, leading to the production of amended plans.

 

Those amended plans were further considered at a further Ministerial Meeting on 24th February 2014 where the Minister for Planning and Environment deferred the application for a site visit and in particular to view the application site and the proposed development from the offices of 46/50 Kensington Place and from the residential properties at Century Buildings immediately adjoining.

 

Following the site visits and the receipt of additional information to demonstrate mitigation of the proposed development where it adjoins 46/50 Kensington Place, the Minister having duly considered this has now determined to approve the planning application as follows:

 

Subject to the satisfactory completion of a Planning Obligation Agreement to secure public realm works to the area of land to the front of the building on the Esplanade outside the applicants ownership on land owned by the public, GRANT PERMISSION subject to the following conditions.

 

Alternatively in the event that a suitable Planning Obligation Agreement is not agreed within 6 months of this being authorised in accordance with the recommendation, then the Director Development Control be authorised to REFUSE planning permission.

 

1. The development shall be carried out strictly in accordance with the deposited plans and drawings except as required to meet the terms of Condition 2 below. No variations shall be made without the prior written approval of the Minister for Planning and Environment.

For the avoidance of doubt and in accordance with the requirements of Policy GD 1 of the Adopted Island Plan 2011.

2.      Notwithstanding the details on the submitted drawings before any development first commences on site, full details of the proposed façade treatments to all the proposed elevations (to a scale of no less than 1: 50)  and sample details of all the external materials to be used in the construction of the new development shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full and shall be retained and maintained as such.

To safeguard the character and appearance of the area and in accordance with the requirements of Policies GD 1 and GD 7 of the Adopted Island Plan 2011.

3. Prior to the development commencing a full BREEAM pre-assessment demonstrating that 'BREEAM Very Good' can be met by the development must be submitted to and approved in writing by the Minister for Planning and Environment. The pre-assessment must be drawn up by an appropriately qualified assessor. The proposal shall include a grey water recycling system, details of the building heating system and energy efficient lighting. The development must then be carried out in accordance with the details specified in the approved assessment. Within six months of the first occupation of the building a post construction review shall be submitted - again drawn up by an appropriately qualified assessor - demonstrating that 'BREEAM Very Good' has been achieved.

In the interests of sustainable development and energy efficiency, in accordance with Policy SP2 of the Jersey Island Plan 2011.

4. Prior to the occupation of the development hereby permitted, details shall be submitted to and approved by the Minister for Planning and Environment, implemented and thereafter maintained, of a Green Travel Plan covering the management of vehicle movements to and from the site. The Methodology for the Green Travel Plan shall first have been agreed with the Minister for Planning and Environment, and shall include provision for charging points for electric cars and electric cycles, and the provision of electric vehicles for the operational use of tenants.

In the interests of promoting sustainable patterns of development, and to accord with Policies TT9 and SP6 of the Jersey Island Plan 2011.

5. Prior to the commencement of the development hereby permitted, details shall be submitted to and approved by the Minister for Planning and Environment, implemented and thereafter maintained, of a Skills and Training Plan, to support the development and training needs of Island residents. The Methodology for the Skills and Training Plan shall first have been agreed with the Minister for Planning and Environment.

In the interests of promoting sustainable patterns of development and supporting economic growth and diversification, and to accord with Policy GD1 and SP5 of the Jersey Island Plan 2011.

6. Prior to the commencement of development the levels of potential contaminants in the ground shall be investigated and any risks to human health or the wider environment assessed and mitigated, to the satisfaction of and in accordance with the requirements of Supplementary Planning Guidance Planning Advice Note 2 - Development of Potentially Contaminated Land.

For the avoidance of doubt and to ensure compliance with Policies GD1 and GD6 of the Jersey Island Plan 2011.

7. Prior to the commencement of development, details shall be submitted to and approved by the Minister for Planning and Environment, to provide a Demolition and Construction Environmental Management Plan to be thereafter implemented and maintained until completion of the development. The Demolition and Construction Environmental Management Plan shall include:

A. A demonstration of compliance with best practice in relation to noise and vibration control, and control of dust and emissions;

B. Details of a publicised complaints procedure, including office hours and out-of-hours contact numbers;

C. Specified hours of working, including deliveries (0800 to 1800, Monday to Friday, 0830 to 1300 on Saturdays, with no work on Sundays, Bank Holidays or Public Holidays).

D. Details of the proposed management of traffic and pedestrians.

E. Details of the location of the site compound, materials storage area and loading/unloading arrangements.

F. Details of the method of disposal of any asbestos material found on site.

In the interests of protecting the amenities of the area generally and to accord with Policy GD1 of the Jersey Island Plan 2011.

8. Prior to the commencement of the development hereby permitted, full details of the provisions and arrangements to be made for the storage, sorting, recycling and disposal of refuse must be submitted to and approved in writing by the Minister for Planning and Environment to be thereafter implemented prior to first occupation and maintained in perpetuity.

To ensure that waste and refuse is stored and disposed of without harming the amenities of the occupiers of neighbouring properties or the surrounding area, in accordance with Policy GD 1 of the Island Plan, 2011.

9.     Prior to commencement of the development hereby permitted, details shall be submitted to and approved by the Minister for Planning and Environment, implemented and thereafter maintained, setting out the arrangements for Waste Management in relation to the proposed demolition and excavation. Following completion of the demolition, and prior to commencement of construction, a Waste Management Completion Report shall be submitted to the Minister for Planning and Environment.

In the interests of securing waste minimisation, and to accord with Policy WM1 of the Jersey Island Plan 2011.

10.     No development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved by the Minister for Planning and Environment. The approved scheme shall be completed before the development is first brought into use.

To ensure satisfactory drainage arrangements in accordance with Policies LWM 2 and LWM 3 of the Jersey Island Plan 2011.

12.    Before any development first commences on site a hard and soft landscaping scheme shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme which shall include the proposed finishes to the public realm outside the building to the Esplanade and Patriotic Street and Kensington Place junctions with the Esplanade, shall be undertaken within the first available planting season and any trees or shrubs which die, are removed or become seriously diseased within a period of five years from the date the planting first takes place, shall be replaced in the next planting season with others of a similar size and species.

The Landscape Architect must give written confirmation to the Minister for Planning and Environment that they are satisfied that the works are completed in accordance with the approved plans and the quality of the materials and workmanship is of the highest order.

To safeguard the character and appearance of the area in accordance with the requirements of Policy GD 1, NE 1, NE 2 and NE 4 of the Adopted Island Plan 2011.

13.  In conjunction with Condition 12 above, a Landscape Management Plan including long term objectives, management responsibilities and maintenance schedules for all the landscaped areas shall be submitted to and approved in writing by the Minister for Planning and Environment prior to the first occupation of any part of the development.

 

To ensure a satisfactory form of development and continuing standard of amenities are provided and maintained in accordance with the requireents of Policies GD 1 and NE 4 of the Adopted Island Plan 2011.

 

14.  The development hereby permitted shall not commence until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Minister for Planning and the Environment. The written scheme of investigation shall make provision for the recording and interpretation of remains below ground level. Such a programme must be prepared and carried out under the supervision and with the agreement of the Minister for Planning and Environment.

 

In the interests of improving the understanding of the archaeology and historic development of the Island in accordance with Policy HE 5 of the Adopted Island Plan 2011.

 

15. Prior to the commencement of any demolition works on site, a scheme identifying the historic features to be removed, arrangements for their temporary storage, details of the person or body specialising in this procedure appointed by the applicant and a timetable for their reinstatement in a location to be agreed before re-construction, shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in accordance with the details agreed with the Minister for Planning and Environment and thereafter retained and maintained as such.

 

To ensure that special regard is paid to specific architectural features or fixtures and to ensure that these are protected from damage during construction works prior to their reinstatement in accordance with the requirements of Policies GD 1 and HE 1 of the Adopted Island Plan 2011.

 

16. Prior to the commencement of any works on site, precise details of the proposed phasing plan arrangements for the development to demonstrate a single phase construction shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved details shall be implemented in full.

 

To ensure a single phase construction in the interests of maintaining the design integrity of the building to safeguard the character and appearance of the building and the area in general.

 

 

The proposed development is considered to be acceptable having due regard all of the material considerations raised. In particular, the development has been assessed against Policies SP 1; SP 2; SP 3; SP 4; SP 5; SP 6; SP 7; GD 1; GD 2; GD 7; GD 8; HE 1; EO 1; TT 4; TT 7; TT 9; NR 7; WM 1; LWM 2 and LWM 3 of the Adopted Island Plan 2011 and Supplementary Planning Guidance (SPG) Advice Note: Design Guidance for St. Helier dated January 2013, in which office development in this location will be judged on its own particular merits having due regard to the material issues involved. In this case, the proposed office development is regarded as acceptable because the scale and design of the proposed development is appropriate to the context of the surrounding buildings and the street in accordance with policies of the Island Plan and the SPG, whilst the use as office development is acceptable and will not have any adverse impact on the character and appearance of the area. The scheme will also achieve the full BREEAM ‘very good’ standard required for new developments.

 

In addition, the representations raised to the scheme on the grounds of unacceptable impact on neighbours by virtue of loss of privacy, light, views, outlook and amenity; unacceptable loss of important historic buildings; there is no need for more offices in St. Helier; the scheme is bold and ambitious but not for this site as it is unsympathetic to the character and scale of neighbouring properties and the area in general; there will be unacceptable noise, nuisance and disturbance to local residents; there is insufficient car parking to serve the development; impact on traffic safety; the proposal will have an overbearing impact on the area; the design is out of context with the area; the site has important historic links with Jersey’s shipbuilding, agricultural, tourist and export industries and the scheme has not changed significantly since the original submission; have been assessed.  However, it is considered that the proposal accords with the terms of the aforementioned Policies of the 2011 Island Plan and the SPG for St. Helier, in that it does not have an unreasonable impact on the character and appearance of the area.

 

In addition, all the representations raised to the development have been carefully assessed. The Minister for Planning and Environment acknowledges that the valid objections raised have been weighed against the benefits delivered by the application. Taken as a package, the Minister for Planning and Environment believes the application to be a positive benefit and the potential impacts will not be unreasonable.

 

 

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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