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A decision made 4 March 2013:

Decision Reference: MD-PE-2013-0025			Application Number: P/2012/1344 (If applicable)
Decision Summary Title :	22-23 Esplanade &, 38-40, Commercial Street, , St. Helier, Jersey.		Date of Decision Summary:		08.02.13
Decision Summary Author:	Planner		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		Planner
Written Report Title :	P/2012/1344		Date of Written Report:		08.02.13
Written Report Author:	Planner		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: 22-23 Esplanade &, 38-40, Commercial Street, , St. Helier, Jersey, JE2 3QA Demolish existing buildings at 22-23 Esplanade & 38-40 Commercial Street, (retain & refurbish facade to 38 Commercial Street). Construct six storey office building to include basement parking.
Decision(s): The Minister considered the written report which contained a Department recommendation to refuse and resolved that he was minded to support the application but decided to conduct a site visit prior to determining the application and that following the site visit, a written decision would be issued. The Minister visited the site on the 26th February 2013 and resolved to approve the application subject to the following conditions being imposed, which he required to be based on the template of conditions applied to other recent office developments in the Esplanade and Broad Street areas. 1. The development shall be carried out strictly in accordance with the deposited plans and drawings. 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. Before any development first commences on site, samples of all the 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 commencement of the development hereby permitted details for fenestration treatments of the facade of No. 38 Commercial Street must be submitted to and approved in writing by the Minister for Planning and Environment; i) The nature, materials, dimensions and profile of external heads, cills, jambs and mullions (where included) of windows and the heads and jambs of doorways. ii) The design or pattern, materials and extent of reveals of external windows and doors illustrated by a scale drawing of a typical example. iii) The colour(s) of all external woodwork by reference to a British Standard Classification or its equivalent. iv) Details of the window cill set backs from the facade of the building which should be a minimum of 70mm. These details are not included in the application and are required to be submitted and agreed by the Minister for Planning and Environment to ensure that the character of the building in which they are to be inserted is not harmed, in accordance with Policies HE 1, HE 2 & SP4 of the Adopted Island Plan, 2011. 4. 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 Adopted Island Plan 2011. 5. 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 Adopted Island Plan 2011. 6. 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 and particularly the students at Highlands School of Art to become involved for the delivery of Percentage for Art. 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 Policies GD1 and SP5 of the Adopted Island Plan 2011. 7. The works of art shall be delivered in accordance with the advice of the appointed Approved Art Advisor and the Percentage for Art Statement received as part of the application documentation on the 10th October 2012 which has been submitted to and approved by the Minister for Planning and Environment. The works of art must be installed prior to the first use/occupation of the development hereby approved unless otherwise agreed in writing. So as to accord with the provisions of Island Plan Policy GD 8 of the Adopted Island Plan 2011. 8. Prior to the commencement of development details of 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 Adopted Island Plan 2011. 9. 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. In the interests of protecting the amenities of the area generally and to accord with Policy GD1 of the Adopted Island Plan 2011. 10. 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 Adopted Island Plan, 2011. 11. 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 Adopted Island Plan 2011. 12. Prior to commencement of the development hereby permitted, a full engineering specification and method statement for the retention of the façade at to No. 38 Commercial Street shall be submitted to and approved by the Minister for Planning and Environment to be thereafter implemented prior to first occupation and maintained in perpetuity. The details shall include works necessary to meet any phased construction programme. To ensure a high quality of design and in accordance with Policies SP7 and GD7 of the Adopted Island Plan 2011. 13. If hidden historic features are revealed during the course of works they should be retained in-situ until examined by the Historic Buildings Officer. Works shall be suspended in the relevant area of the building and the Historic Buildings Officer notified immediately with a view to agreeing the appropriate action. Failure to do so may result in unauthorised works being carried out and an offence being committed. To ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the building under the provisions of Policies SP4 and HE1 of the Adopted Island Plan 2011. 14. Prior to commencement of the development hereby permitted, a programme of recording and analysis of the protected structures to be lost at No. 38 Commercial Street to the terms of a brief to be supplied by the Department, shall be submitted to and approved by the Minister for Planning and Environment, to be thereafter implemented. To ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the building under the provisions of Policies SP4 and HE1 of the Adopted Island Plan 2011. 15. Prior to commencement of the development hereby permitted, a programme of archaeological assessment (including excavation of the cleared site) with full archaeological mitigation in the event of finds of archaeological significance, to the terms of a brief to be supplied by the Department, shall be submitted to and approved by the Minister for Planning and Environment, to be thereafter implemented. To ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the building under the provisions of Policies SP4 and HE5 of the Adopted Island Plan 2011. 16. 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, LWM 3 & GD1 of the Adopted Island Plan 2011.
Reason(s) for Decision: REASON FOR APPROVAL: The proposed development is considered to be acceptable having due regard to 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 6; GD 7; GD 8; HE 1; HE 2; EO 1; BE 5; BE 10; TT 9; NR 7; WM 1; LWM 2 and LWM 3 of the Adopted Island Plan 2011. In this case, the proposed development is regarded as acceptable having balanced an assessment of the objectives of the various policies in relation to the complete package of the development proposal. Further, the Minister acknowledges and understands that the development proposal involves balancing conflicting policy objectives.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature: Minister for Planning and Environment - R C Duhamel		PLeg / AS Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

22 - 23 Esplanade & 38 - 40 Commercial Street, St. Helier: Determination of Planning Application (P/2012/1344)

Department of the Environment

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Department of the Environment

Report for Planning Applications Panel/ Ministerial Meeting

Site Visit (delete if no SV required)

1. Application Number

P/2012/1344

2. Site Address	22-23 Esplanade &, 38-40, Commercial Street, St. Helier, JE2 3QA.

3. Applicant	Mr T Pollock Denchel Holdings Ltd

4. Description	Demolish existing buildings at 22-23 Esplanade & 38-40 Commercial Street, (retain & refurbish facade to 38 Commercial Street). Construct six storey office building to include basement parking.

5. Type	Major Application

6. Date Validated	16/10/2012

7. Zones & Constraints	Primary Route Network Built-Up Area Town Centre Potential Listed Building
Summary
Department Recommendation

8. Site Description & Existing Use

9. Proposed Development	Explanation of proposal

10. Relevant Planning History

11. Consultations

Parish in its letter dated

Highways section of TTS in its letter dated

Drainage section of TTS in its letter dated

Health Protection Team of H&SS in its letter dated

Land Controls and Agricultural Development Section of DoE in its letter dated

Natural Environment Section of DoE in its letter dated

Ecology Section of DoE in its letter dated

Environmental Protection Section of DoE in its letter dated

Historic Environment Team of DoE in its memo dated

Department Architect of DoE in their memo dated

Policy and Projects Section of DoE in its memo dated

Population Office of the Housing Department in its letter dated

Jersey Water in its letter dated

Jersey Airport in its letter dated

Advise agents/applicant’s response if one or more has been made

All consultations are attached with the background papers

12. Representations

Advise number of representations (signatories on a petition) received and notify how many were letters of objection and how many were of support. Then summarise the nature of the objections

Unacceptable increase in traffic generation
Unacceptable impact on neighbours by virtue of loss of privacy
Out of keeping with character of the area

Advise agents/applicant’s response if one or more has been made

All letters of representation and responses are attached with the background papers

13. Planning Assessment
a) Policy Considerations	(what are the policy presumptions and does the proposal comply)

b) Size, scale Form and Siting	(mass, size, scale, siting & what is the impact?)

c) Architectural Design and Use of Materials	(design, detail, materials & are they of high quality in accordance with the Minister’s Design Principles?)

d) Impact In the Landscape/Street	(what is the character of the area & will the proposal alter it, etc?)

e) Impact on Neighbours

f) Access, Car Parking & Highways Considerations

g) Foul Sewage & Surface Water Disposal	(is the property connected to mains and are there any drainage issues)

h) Landscaping	(existing vegetation removal, proposed landscaping scheme, amenity space requirements)

i) Archaeology	(has archaeology been addressed if in an AS or AAP?)

j) Waste Management	(has a waste management plans been submitted if demolition is proposed?)

k) Planning Obligations & Percent for Art	(are Planning Obligation Agreements needed and has Percent for Art been provided?)

l) Contaminated Land	(has a Phase 1 desk study been assessed if the site is potentially contaminated?)

m) Sustainability	(Economic, Social, Transport, Environmental, Energy Efficiency)

n) Other Matters

14. Conclusion

(Draw together all material considerations, balance and weight assessment)

15. Department Recommendation

16. Conditions	(Reasons in Italics after each condition)

17. Reason for Approval	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 Policy # of the 2002 Island Plan, in which (insert thrust of policy). In this case, the proposed (insert type of work, e.g. extension) is regarded as acceptable because… In addition, the representations raised to the scheme on the grounds of (insert grounds) have been assessed. However, it is considered that the proposal accords with the terms of Policy #) of the 2002 Island Plan, in that it does not have an unreasonable impact on (specify the concern).

18. Background Papers	1:2500 Location Plan X consultation responses X letters of objection X letters of support X responses from agent/ applicant

Endorsed by:	Date: