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A decision made (16/02/2007) regarding: Little Orchard, La Route de Beaumont, St. Peter, JE2 7YA - Erect sliding entrance gate. Decision referred to Minister from Planning Applications Panel owing to conflict of interest.

Subject:	Little Orchard, La Route de Beaumont, St Peter, JE3 7YA Erect sliding entrance gate Decision referred to the Minister from PAP owing to a conflict of interest
Decision Reference:	MD-PE-2007-0141	Exempt clause(s):		n/a
Type of Report (oral or written):	Written & oral	Person Giving Report (if oral):		Lawrence Davies
Telephone or e-mail Meeting?	n/a	Report File ref:		P/2006/2570
Written Report Title:		Written report – Author:		Lawrence Davies
Decision Approve.
Reason(s) for decision: As set out in the planning officer’s report; approval is considered to be reasonable having regard to all the circumstances of the application
Action required: Applicant to be advised - Planning Permit to be duly sent
Signature: (Minister)			Date of Decision: 16.02.07

Little Orchard, La Route de Beaumont, St. Peter, JE2 7YA - Erect sliding entrance gate. Decision referred to Minister from Planning Applications Panel owing to conflict of interest.

Planning and Environment Department

Report

Application Number

P/2006/2570

Site Address	Little Orchard, La Route De Beaumont, St. Peter, JE3 7YA.

Applicant	Mr Roy Vernon Pallot

Description	Erect sliding entrance gate.

Type	Planning

Date Validated	27/11/2006

Zones	Built-Up Area Green Backdrop Zone

Policies	G2 – General Development Considerations

Reason for Referral	Department recommendation is contrary to the advice of a statutory consultee

Summary/

Conclusion

Owing to the nature and location of the site, the vehicle entrance onto the busy Beaumont Hill suffers from poor visibility. However, this application merely proposes the replacement of an existing pair of gates with a taller pair which will afford the property’s occupants a higher degree of safety and security.

Crucially, the new gates will not actually worsen, in any way, the situation as regards visibility. Therefore, the strong objection to the application by the Highways Department (until such time as major improvements to visibility are made) is considered unreasonable.

Officer

Recommendation

APPROVAL

Site Description	Little Orchard is a house located a short distance up Beaumont Hill whose vehicle entrance opens out onto this road (opposite, although just to the north of, the entrance to the small Co-op supermarket). Owing to the curvature of the road, nearside visibility from this entrance is very poor, a fact which has necessitated the installation of a roadside mirror on the gable wall opposite.

Relevant Planning History	None

Existing use of Land/Buildings	Residential

Proposed use of Land/Buildings	Residential

Consultations	TTS (Highways), in its consultation response dated 19/12/06, states that “without major improvements to visibility…the Department strongly objects to the proposal”. The objection by Highways is fundamental to this referral to the Panel – therefore this issue is fully explained below. The applicant has responded to the comments raised by the Highways Department (letter dated 17/01/07). These letters are both attached as part of the background papers.

Summary of Representations	None received

Planning Issues	Policy Considerations Policy G2 (viii) states that applicants will need to demonstrate that a proposed development “will not lead to unacceptable problems of traffic generation, safety or parking”. Land Use Implications Not relevant Size, Scale & Siting The application proposes to replace an existing pair of low gates (about 900mm tall) with a taller one (2000mm tall). The gates will remain in their present location set back from the road by around 2m. The present gates are both hinged to the pillars at either side of the entrance and swing inwards thereby making the area immediately behind them on the driveway difficult to use for parking. The new gates are to be automated and will slide as one on a rail to the north. Given the proximity of Little Orchard to the busy main road, the applicant is concerned at present that his existing low gates are not an adequate enough barrier to the young children and animals who use the front yard – a taller pair would be far safer in this respect. Design & Use of Materials The proposed gate is considered to be of an attractive design – tongue and groove Iroko hardwood with a cambered top. Impact on Neighbours None Access, Car parking and Highway Considerations Given that this is a busy main road, it is accepted that the existing visibility is poor (around 5m on the nearside) and that whilst the opposite roadside mirror certainly helps, it is not ideal to rely on such means for visibility. The Highways Department has suggested that the applicant could and should make significant improvements to this situation by lowering the roadside wall to 900mm and removing the hedge behind it. They go on to suggest that a new fence could be reinstated further back within the driveway which would enhance privacy and would not impact upon the present level of parking. However, whilst these improvements to visibility are all considered to be a good idea, in the circumstances it is not considered reasonable to require that they be undertaken; crucially, the installation of the new pair of gates will not actually worsen the existing situation in any way and lead to new problems of traffic safety. Foul Sewage Disposal Not relevant Landscaping issues Not relevant Other Material Considerations None

Officer Recommendation	APPROVAL

Conditions/ Reasons	Conditions 1. The development hereby approved shall be carried out entirely in accordance with the plans and documents permitted under this permit. No variations shall be made without the prior written approval of the Minister for Planning and Environment or an authorised officer of the Development Control section. 2. For the avoidance of doubt, the automated gate will slide to the north of the existing vehicle opening. Reasons 1. To ensure that the development is carried out and completed in accordance with the details approved by the Minister for Planning and Environment. 2. To ensure that there is no interference in the nearside visibility onto La Route de Beaumont.

Background Papers	1:2500 Location Plan Highways Consultation response Applicant’s response

Endorsed by:

Date: