Plemont Bay Holiday Village, St Ouen: Public Inquiry into Planning Application

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A decision made on 21 March 2012:

Decision Reference: MD-PE-2012 -0022

Application Number: P/2011/1673

Decision Summary Title :

Plemont Bay Holiday Village, La Route de Plemont, St. Ouen.

Date of Decision Summary:

19 March 2012

Decision Summary Author:

Senior Planner

Alistair Coates

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written + Oral

Person Giving

Oral Report:

Chief Officer

Written Report

Title :

Briefing Notes re; Route for Determination:

Date of Written Report:

1st March 2012

Written Report Author:

Senior Planner

Alistair Coates

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Plemont Bay Holiday Village, La Route de Plemont, , St. Ouen, Jersey, JE3 2BY

Demolish all existing buildings and remove hard-standings. Return 67% of total site area (16.19 vergees) to public accessible natural landscape. Replace existing Manager's bungalow/Staff cottage with 2 No. four bed houses and construct 26 No. houses comprising of 10 No. three bed houses, 11 No. four bed houses and 5 No. five bed houses all in three groups plus landscaping, footpaths and reed-bed rainwater recycling pond. Create passing place on C105 at Western edge of Field 48.

Decisions:

1. That the Minister will not determine the planning application, reference: P/2011/1673, until a Public Inquiry into the application has been held.

2. That the Minister will bring the matter to the attention of the public of Jersey in due course, by way of a formal announcement , that a Public Inquiry is to be held.

Reasons for Decision:

The Minister considers that in accordance with Article 12(1)(b) of the Planning and Building (Jersey) Law, 2002, the application would be a departure (other than an insubstantial one) from Policy SP1 OF THE 2011 Island Plan.

The Island Plan’s Spatial Strategy [Policy SP1] asserts that outside the Built-up Area, planning permission will only be given for development appropriate to the coast or countryside; for development of brownfield land, which meets an identified need, and where it is appropriate to do so; and for the development of greenfield land, in exceptional circumstances, where it justifiably supports parish communities or the rural economy and which meets an identified need and where it is appropriate to do so.

Resource Implications:

Chief Officer to arrange costings.

Action required:

i. Chief Officer to contact Planning Inspectorate to secure the services of an Inspector to conduct the Public Inquiry.

ii. Upon securing an Inspector, the Minister shall make a formal announcement as per the provisions of the Public Inquiries Order, 2008. (Media Release & letters to interested parties required).

iii. The Department shall arrange an Inquiry website, email / postal address and administrative support for the Inspector.

Signature:

Deputy R C Duhamel

PLeg /Initials

Position:

Minister for Planning and Environment

Date Signed:

Date of Decision (If different from Date Signed):

Plemont Bay Holiday Village, St Ouen: Public Inquiry into Planning Application

Plemont Bay Holiday Village, La Route de Plemont, St. Ouen.

Planning Application: P/2011/1673

Briefing Notes re; Route for Determination:

Allocation: Green Zone

The Law: Article 19 (3) The Minister may grant planning permission that is inconsistent with the

Island Plan but shall not do so unless the Minister is satisfied that there is sufficient justification for doing so.

Article 12 (1) This Article applies in respect of an application for planning permission where the Minister is satisfied that if the proposed development were to be carried out –

(a) the development would be likely to have a significant effect on the interests of the whole or a substantial part of the population of Jersey; or

(b) the development would be a departure (other than an insubstantial one) from the Island Plan.

(2) Where this Article applies the Minister shall not determine the application until a public inquiry has been held.

Issue: Is the proposal inconsistent with the Plan and, if so, would it be likley to have a significant effect on the interests of a substantial part of the population or represent a substantial departure form the Plan?

Comment:

1. Although the Plemont application has often been in the news, the scale and nature of the development proposed,which is all on privately owned land, is not likley to have a significant effect on the interests of a substantial part of the population.

2. The proposal is for the erection of 26 new dwellings within the Green Zone. Policy NE7 states a presumption against the redevelopment of commercial sites, but that exceptions may be made where it would give rise to substantial environmental gains and a significant contribution to the character of the area.

3. The pre-amble to NE7 clarifies that position in relation to Plemont at 2.83…

” …permission will not be granted for the proposed redevelopment of these [commercial] buildings where it is likely to yield significant amounts of residential development and, any permission for redevelopment for residential use will only be permitted where the residential yield is extremely limited”.

4. The Spatial Strategy (Policy SP1) also affirms that “Outside the Built-up Area, planning permission will only be given for development:

1. appropriate to the coast or countryside;

2. of brownfield land, which meets an identified need, and where it is appropriate to do so;

3. of greenfield land, in exceptional circumstances, where it justifiably supports parish communities or the rural economy and which meets an identified need and where it is appropriate to do so”.

Conclusion:

In the Jersey context, the erection of 26 dwellings represents a significant yield of housing and, there is no identified need for the housing in this location. Given the strong presumption against new development in the Green Zone, the proposal should be regarded as a substantial departure from the Island Plan.

Policy NE7 does offer a gateway through which an exceptional case can be made, based on the removal of a massive building complex and substantial landscape restoration. However, such an exception to the Policy does remain a departure, and – in this instance a substantial departure.

A Public Inquiry is, accordingly the Department’s recommended route for determination.

Recommendation:

That the Minister ;

i. instructs the Department to initiate proceedings to arrange a Public Inquiry at the earliest opportunity, under the provisions of The Planning & Building (Public Inquiries)(Jersey) Order 2008 and;

ii. announces, in a manner that is likely to bring the matter to the attention of the public of Jersey, that the Public Inquiry is to be held.

END

Alistair Coates

Senior Planner

1st March 2012