Planning and Environment Department
Report
Application Number RP/2008/2411
Site Address Field Nos. 848, 851, 853, 854, 861, 862A & 863A, Bel Royal, St. Lawrence
Applicant Dandara (Jersey) Ltd
Description To alter the design and layout of the approved community building, associated parking and surroundings, in order to provide a purpose-built children’s nursery with external play areas and car parking.
Type Revised Application for Planning Permission
Date Validated 12/11/08 (revised plans received 27/1/09 and 19/2/09)
Zones Built-Up Area,
Land for Recreation,
Important Open Space
Site Zoned for Category A Housing
Policies G2 – General Development Considerations
G3 – Quality of Design
G10 – Planning Obligations
BE8 – Important Open Space
H2 – Sites to be Zoned for Category A Housing
SC5 - Nursery Provision
TR6 - Land for Recreation
Reason for Referral The Minister decided to personally determine the original application for Category A Housing, which included provision for a community building. In the circumstances, he has called in this revised application.
Summary/ Conclusion This is an application to revise the design and siting of a previously approved community building, including its associated car parking and surroundings, in order to provide a purpose-built children’s nursery with external play areas and car parking. The requirement for a community building was set out in the approved development brief for the adjacent Category A housing site, which was zoned in the 2002 Island Plan [IP Policy H2(1)]. The proposed use as a children’s nursery sits within the general definition of “community uses” referred to in the POA for the development. It represents, to all intents and purposes, a ‘planning gain’ arising from the Category A housing development, which will be of considerable public benefit. As initially intended, it will provide opportunities the new and existing residents in the area as well as the wider public. The revised building design has a significantly larger footprint than the originally approved building and requires modifications to the adjacent communal parking area and grassed play areas. However, attention has been paid to the siting, massing, design and use of materials in an effort to ensure that it will present an attractive appearance, which is in keeping with the quality and standard of design of the adjacent housing development The building mass has been broken down into separate visual components of largely traditional form, to reduce its overall scale and impact and more nearly reflect the design approach adopted for the adjacent housing development. Notwithstanding the above, the Department has recently employed an Architect to advise on design matters, for buildings such as the one in question. Whilst recognising that improvements have been made over the original submission, he is of the view that the external design is not up to the standard of the remainder of the development. Accordingly, he has advised that the position on external design be reserved, if it is decided to grant approval for the proposed use. The proposals are in accordance with the requirements of the Education and Health Protection Departments and there are no objections from TTS(Highways). However, the former Constable of St. Lawrence has asked for consideration to be given to reversing the decision to permit a building on the site. One written representation has been received. Officer Recommendation Approve subject to conditions and an informative. |
Site Description The site is located along St. Peter’s Valley Road, at the entrance to and immediately to the east of the Category A Housing development known as La Providence. This is a relatively large development comprising 97 family homes and 5 elderly person’s homes and is currently nearing completion. The land was formerly part of an agricultural field, which nestles below the south coast escarpment. To the south, the land falls away in the direction of a wetland area and has been earmarked as a Public Amenity Space. To the east are horse paddocks which form part of a local equestrian centre. The site is currently used as the house builder’s main compound.
Relevant Planning
History In July 2002, as part of the Island Plan debate, the States decided to rezone land at Bel Royal for Category A housing purposes, to help meet identified requirements (Policy H2-1). It did so, on the understanding that a development brief would be formulated to guide the development of the site.
The approved development brief included a requirement for the provision of “some form of small-scale community facility… to offer a further social focus for the new residents”. This was justified because of the scale of the proposed development and the limited nature of community facilities in the immediate locality. Similar requirements have previously been applied to other large scale housing developments (e.g. Jardin de la Soleil and Oak Tree Gardens) and, more recently, to the other large scale Category A housing site zoned as part of the 2002 Island Plan (Le Clos Vaze). At this latter site of some 123 homes, approval was also granted for a children’s nursery as part of the community provision.
The development brief does not attempt to be prescriptive about potential uses for the community building and effectively leaves the matter for future negotiation. However, there was recognition that the required community building had potential for wider community use and would not be solely for new residents. Possible uses earmarked at the time and referred to in the brief included:
- A base for the Housing Department and the social welfare services offered by Education, Public Health and Social Security Departments;
- A small playgroup / crèche;
- A youth / teenager drop-in centre / café; and
- Clinics for young mothers run by Family Nursing Services etc.
On 21st March 2007, the Minister decided to grant planning permission for the development of inter alia 102 Category A homes and a community building / hall. The permit was issued on 8th May 2007 (P/2006/2489).
The originally approved community hall is modelled on the village hall at L’Hermitage Gardens, Beaumont. It comprises a single storey building with render and cedar clad walls and a pantile roof. It measures approximately 12.5m long x 8.5m wide x 6m high. In the absence of a confirmed end use, the building was deliberately designed at that time to be simple and flexible (i.e. to allow for as many alternative uses as possible).
In approving the development, the Minister approved the siting of the community hall in an open position outside the designated housing site boundary. Included among his reasons for doing so (as set out in the report on the decision) were:
- The building is intended for use by the wider community and not just the proposed new residents;
- The building could be used to complement the future use of the ‘Public Amenity Area’; and
- The merit in locating the building close to the access road and where it can benefit from and share the amenity area car parking provision.
The permit carries a condition that the approved community hall shall be completed and its facilities made available for community use by 75% occupancy of the houses. There is also a condition requiring the developers to enter into a Planning Obligation Agreement (POA) to, among other things, provide a mechanism to effect the future maintenance of public areas and facilities, including the community building.
The Agreement restricts the use of the community building to community uses, which are defined as:
“suitable education or health or welfare or social services or community activities or retail activities to meet local community needs, which contribute to meeting the needs of residents of the dwelling units and the wider public.”
The Agreement allows for future conveyance to an appropriate body, subject to the prior approval of the Minister. Until then, responsibility for long term management will remain with the owner. However, the Agreement also allows transfer to a management company formed by the owner and apportioned between the owners of the new dwellings.
The developers have made various attempts to find a suitable third party to operate and maintain the building for suitable community uses. Property Holdings has not offered any support for acquisition on behalf of the Public. The Parish Constable was also approached, but was not minded to recommend that the Parish take it on, because of the on-going maintenance liability and because he considered that adequate facilities already exist in the Parish. (N.B. The wording of the Planning Obligation Agreement reflects this position and the need to ensure a suitable alternative community use for the building).
The developers now consider that they have found an appropriate end user, who wishes to use the building (when suitably modified) for a purpose built children’s nursery.
Existing use of
Land/Buildings The land in question is part of the construction site for the Category A housing development (La Providence). It is presently being used temporarily as a builder’s compound, with a variety of specific uses, including materials and equipment storage, site offices, staff rest rooms and parking.
The site currently enjoys planning permission for use as community building, together with (in part) communal car parking and play areas.
Proposed use of
Land/Buildings A purpose built children’s nursery with external play areas and car parking.
The current revised plans involve changes to the original design and layout of the area.
The main revisions from the approved plans include:
- A specific use for the proposed community building as a children’s nursery for 0-5 year olds, to be owned and operated by a private nursery school provider;
- A considerable increase in the ground floor area;
- Redesign of the community building to incorporate more traditional materials and design features.
- Introduction of secure external play areas to the east and south-east of the building.
- The subdivision and relocation of the 25 parking spaces provided to serve the community building and the public amenity area; and
- Associated modifications to the grassed children’s play areas, effectively removing the northern half of this facility.
Consultations
PSD(Highways) in their response letter dated 25th November 2008 had no further comment to make on the application, because “the changes have no significant issues that affect a main highway”.
The Parish in a letter dated 19th November 2008, asks whether the proposed use is “commensurate with the original intention of the planners”. It also suggests that “serious consideration is given to reversing the planning condition so that no building is erected on the building).
The Education Department in its e-mail dated 26th January 2009 confirms that, following consultation with Health Protection, the plans meet the necessary requirements for registration as a Day Nursery.
All consultations are attached with the background papers
Summary of
Representations
One written representations has been received from a local resident. His main grounds for objection relate to increased traffic generation at peak times and use of parking spaces that might otherwise be used by residents of La Providence.
Planning Issues -
Policy Considerations
H2; Sites to be Zoned for Category A Housing. A community building providing for the needs of the new residents and the wider public is a requirement of the planning permission for Category A Housing at Bel Royal and was flagged up in the required development brief.
G10; Planning Obligations. The community building is also a negotiated infrastructure requirement under the terms of the associated POA. Acceptable land uses (including suitable education services to meet the needs of future residents and the wider community) are set out in the Agreement and must be provided prior to 75% occupancy of the dwellings. The Agreement looks to guarantee the long-term management and maintenance of the community building either by the owner, or a management company funded by the new residents, or through conveyance to an appropriate body approved by the Minister.
SC5; Nursery Provision. The policy specifically supports proposals for housing developments that incorporate provision for childcare and the supporting text encourages incorporation of requirements for childcare within the development briefs for zoned housing sites. Under the policy, children’s nurseries will normally be permitted, subject to various provisos including that they:
- Are accessible by pedestrians, cyclists, public transport users and those with mobility impairments;
- Provide adequate internal and external play space;
- Will not have an unreasonable impact on neighbouring uses and the local environment;
- Will not lead to unacceptable problems of traffic generation, safety and parking.
BE8; Important Open Space, presumes against the loss of open space as designated on the Island Map, but in this instance consent has already been granted for a community building and associated parking on the site in question, as part of the requirements for developing the Category A Housing site.
TR6; Land for Recreation, identifies land to the south of the housing site as a site for recreational purposes and presumes against development that would prevent this. The site is approved as a Public Amenity Area, as a requirement of granting planning permission for the housing development and is not unduly affected by the revised proposals.
G2; General Development Considerations. Applied in all cases.
G3; Quality of Design. Seeks a high standard of design that contributes positively to the built context.
Land Use Implications
The provision of a community building for community use to meet the needs of the new residents and the wider public is a legally binding requirement of the approved Category A housing development.
The proposed nursery will effectively meet the requirement for a community building / community use, as set out in the relevant POA. It would provide a much needed facility, which will be available to serve young families in the new housing development, the surrounding area and further a field.
Island Plan Policy SC5 (Nursery Provision) adds weight to the proposed use as children’s nursery, by supporting proposals for housing developments which incorporate provision for childcare.
Private play groups, nurseries and other forms of pre-school child care for young children are all important community uses, which provide valuable social and skill development opportunities, whilst enabling parents to undertake employment.
Such provision is also in line with long standing States strategic objectives, which aim to:
- ensure a higher proportion of children have access to affordable early years education and care, (i.e. through the provision of pre-school nursery classes at States primary schools, supported by private nursery provision); and
- increase participation rates in the workforce by local people.
The provision could also be regarded as being in accordance with a key priority of the new Strategic Plan, 2009-14, “to maintain high quality education and skills”.
Although the site is designated as ‘Important Open Space’ where there is normally a presumption against loss of space, planning permission has already been granted for a community building and parking, so establishing the principle. The reasons for this have been alluded to earlier and were generally accepted by the ‘Committee of Inquiry’ in relation to the original planning permission for Category A housing.
Legal Position on Proposed Land Use
In response to a query from a local Deputy, the Minister has sought legal advice on what constitutes a ‘community facility/community use’ and whether such a use can be provided by a private, profit making company / organisation, or must be “not for profit”.
The legal position is generally accepted to be as follows:
- planning powers relate principally to the use of land, rather than the nature of the owner;
- provided the intended use sits within the definition / meaning of “community uses”, as set out in the POA, the requirement will have been met;
- it is for the Minister to agree to the transfer of the community facility to what he judges to be an appropriate body;
- whether or not the operator will make a profit is not considered relevant, except where the user’s charges are likely to exclude most of the community from using the facility;
- the Minister also has to be satisfied as to the long term maintenance and management of the community facilities before approving a transfer.
Size, Scale and Siting
The proposed community building is prominently located at the entrance to the development where accessibility will be optimised. Certain advantages of this siting have previously been recognised by the Minister (see Relevant Planning History) and additional benefits are that:
- it will be open to natural surveillance from the new dwellings and numerous passers by;
- it will create a focal destination point; and
- it will keep visitors / users away from more vulnerable housing areas.
The siting of the community building will also serve to complete a group of newly constructed buildings, comprising two blocks of elderly persons’ dwellings.
The proposed building is more substantial than that originally approved for the site. It measures 20m long by 12m wide and is approximately 7.3m high to the ridge. As such, the building is 2½m wider than the approved building and 8m longer, with a ground floor area of 250m² (i.e. 2½ times that of the approved area).
The mass of the proposed building has been broken down into smaller visual components following advice from the department. It comprises a principal hall shaped structure, with two subordinate secondary structures with lower ridge heights.
As a consequence, the building was considered case officer to be more in scale with its domestic surroundings. However, the Department’s newly appointed Architect has offered further advice (see design).
Design and Use of Materials
The proposed building has been designed to appear as a series of linked structures, using fairly traditional-type building forms, with double pitched roofs clad in a mix of natural slate and pantiles, as used elsewhere throughout the adjacent housing development. It is proposed that the external walls are finished in a mix of granite and render, to complement / match the adjacent homes. The combination of form, materials and scale was initially considered as a way of helping to create a unified overall appearance and of making a positive contribution to the quality and character of the new housing development.
There are some traditional detailing features on the external elevations, which add interest and generally reflect the design approach used for the main housing development, including granite and render quoins on corners, brick dressing around some windows appearing in granite walls, a traditionally styled panel door, low level plinths, walls with railings and Jersey roof verges.
The proposal to clad the walls of the northern secondary structure in granite with a substantial pantile roof was intended to present an attractive appearance at the main entrance to the housing development and make a positive contribution to its overall character and ambience. The purpose built alcove and plinth on the northern frontage of the building, was originally intended to provide a setting for the display of the approved ‘per-cent for art’ sculpture (‘Espallier Woman’). However, this has been overtaken by events, and the sculpture is now to be located closer to the main entrance to the development.
The proposed western frontage of the main structure which faces the new housing development continues the traditional design and appearance and was intended to reflect the scale and design of the nearby houses. However, the southern elevation of this structure adopts a more contemporary approach to design. It incorporates an extensive glazed area, intended to take full advantage of the opportunities for passive solar gain and of the attractive panoramic views of the public amenity area and St. Aubin’s Bay.
Notwithstanding the above, the Department has recently appointed a new Architect to advise on design matters. He is concerned that the form and external design of the proposed building is not up to the standard of the remainder of the development and wishes to advise the architects of the submitted scheme accordingly.
Impact on Neighbours
The proposals should not be unduly detrimental to the amenities of nearby properties. The principal windows and outside play areas are sited to the east and south of the new building and there are no privacy issues. Traffic generated by the proposed community use will be directed to adjacent parking areas and away from the main housing development.
The proposals will involve some repositioning of communal parking areas, which will, in turn, reduce the size of the previously approved grassed area for informal children’s play.
Access, Car Parking and Highway Considerations
The access arrangements are acceptable to TTS (Highways) – see consultations.
Other Material Considerations
It will be necessary to agree a revised landscaping scheme for the area in question (including tree planting along the eastern site boundary and other planting in and around the revised parking areas) to improve the attractiveness of the area and reduce the visual impact of the building and associated parking.
Officer
Recommendation Approve subject to the following conditions and informative.
Conditions
- Design of the Community Building
The external form and design of the proposed community building is not approved and revised drawings shall be submitted to and approved by the Minister for Planning and Environment, prior to the commencement of development on the community building.
Reason
To ensure a satisfactory appearance which is in keeping with the adjacent housing development and the character of the surrounding area.
- Landscaping
A revised landscape planting scheme for the part of the site in question, including suitable revisions to tree planting along the eastern site boundary and revised planting in and around the communal parking areas, shall be submitted and approved by the Minister for Planning and Environment, prior to the commencement of development on the community building.
Reason
To enhance the appearance of the development, reduce the visual impact of parked vehicles and help assimilate the development into its surroundings.
3. Materials
The external materials used for the roofs, walls, boundary walls and railings, windows and doors shall match those of the adjacent Category A housing development, to the satisfaction of the Minister for Planning and Environment.
Reason
To assist in achieving a high quality of design which is in keeping with the character of the adjacent housing development and which helps to create a unified overall appearance.
Informative 1
This permission must be read in conjunction with the Planning Permission relating to the development of Category A housing on Fields 848, 851, 854, 861, 862A and 863A, Bel Royal, St. Lawrence (P/2006/2489) and the associated Planning Obligation Agreement. This permit does not convey any authority to vary or waiver any of the terms or provisions of that Permit and/or Agreement.
Background Papers
- 1:2500 Location Plan
- Letters from Applicant accompanying the application and revisions, dated 24th October 2008, 26th January 2009 and 19th February 2009.
- Consultation responses from TTS(Highways), Parish of St. Lawrence and the Education Department.
Endorsed by: Date: 18th May 2009
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