Westmount Quarry (Former Parish Depot), Westmount Road: Planning Application

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A decision made on 25 April 2013:

Decision Reference: MD-PE-2013 -0047			Application Number: P/2012/1654 (If applicable)
Decision Summary Title :	, Westmount Quarry (Former Parish Depot), Westmount Road, , , Jersey, JE2 3LP		Date of Decision Summary:		23 April 2013
Decision Summary Author:	Principal 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:
Written Report Title :	P/2012/1654		Date of Written Report:		25 March 2013
Written Report Author:	Principal Planner		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Westmount Quarry (Former Parish Depot), Westmount Road, Jersey, JE2 3LP Redevelopment of former parish depot and disused quarry to provide 242 residential apartments, plus ground floor artists studio and residents’ gym, basement and ground level parking for 256 vehicles with associated plant and refuse areas. Alterations to existing vehicular entrance. Creation of new ground level public space to include improved access to cemetery, new landscaped residential amenity space, re- grading, stabilization and re-planting existing of existing quarry faces. (EIS Submitted).
Decision(s): At the Ministerial Meeting of 5 April 2013, the Minister heard application P/2012/1654 and indicated he was deferring his decision to undertake a site visit, and to specifically view the site from the objector’s apartments in the neighbouring property, Regent House. The site visit was undertaken on 9 April 2013, and the Minister has confirmed he is endorsing the recommendation that the application be approved, subject to the completion of a Planning Obligation Agreement as specified in the Department Report. In addition, the Minister has confirmed that the conditions set out within the Department Report should be supplemented with additional conditions as follows: Prior to the commencement of development of the above basement superstructure a package of environmental enhancements shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implemented prior to first occupation and retained in perpetuity. The package shall include: the use of solar powered lighting for external areas; smart meters for water and electricity consumption visible within the kitchens of every residential unit; in-sink food waste disposal units to produce communally collected compostable food waste; rainwater harvesting for the irrigation and watering of landscaped areas; and, separated communal waste collection facilities, to include food compost, glass and cardboard. Reason: In the interests of sustainable development, the reduction of waste and the delivery of adequate environmental infrastructure, in accordance with Policies SP2, GD1, NR2, NR7 and , WM1 of the Jersey Island Plan 2011. Prior to the demolition of the roadside Lodge building a scheme of architectural salvage shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implemented prior to first occupation and retained in perpetuity. The scheme shall include for the reuse of the dressed granite and the mosaic threshold, plus any interior features of the roadside Lodge. Reason: In the interests of sustainable development and to deliver a high design quality in accordance with Policy GD1 of the Jersey Island Plan 2011. Prior to the removal of the roadside wall to Westmount Road, details of the replacement provision shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implemented prior to first occupation and retained in perpetuity. The scheme shall include for the retention or reuse of the existing roadside railings, and the reinstatement of the granite wall. Reason: In the interests of sustainable development and to deliver a high design quality in accordance with Policy GD1 of the Jersey Island Plan 2011. Prior to the commencement of development of the above basement superstructure, details of an enhanced soft landscaping scheme for the area to the north of Block D shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implemented prior to first occupation and retained in perpetuity. The landscape scheme shall include for pergola structures and acoustic fencing to the access to the basement car park, and pergolas over the surface car parking, with suitable soft landscape planting. Reason: In the interests of sustainable development and to deliver a high design quality in accordance with Policy GD1 of the Jersey Island Plan 2011. Prior to the commencement of development hereby permitted, a report setting out the arrangements for the management of the landscaped areas shall be submitted to and approved by the Minister for Planning and Environment, to include that any trees or plant(s) planted in accordance with the approved landscape scheme, which within a period of five years from the planting taking place; die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season, unless the Minister for Planning and Environment gives written consent for a variation of the scheme. Reason: To mitigate against the potential failure of trees and plants, and the extent to which that might threaten the success of the approved landscape scheme and in accordance with the requirements of Policies SP7 and GD7 of the Jersey Island Plan 2011.
Reason(s) for Decision: Permission has been granted, subject to the conditions as specified and the completion of a Planning Obligation Agreement, having taken into account the relevant policies of the approved 2011 Jersey Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received. A small part of the application site is designated as Important Open Space in the Island Plan, but the Minister considered that this was an insubstantial departure from the Plan given the contribution the development would make towards meeting the Island's housing needs within the Built-Up Area. The Minister considered the impacts on the amenities of the residents of Park Heights and concluded that the development did not cause serious harm. The Minister specifically noted the relationship of the basement access ramp to Park Heights, and requested a condition requiring the enhancement of the landscape to the north of Block D to improve the outlook from Park Heights and reduce any perception of harm to amenities. In particular the Minister considered that the revocation / withdrawal of the extant permission granted under P/2008/1778 was a significant material consideration, in that the current application performed significantly better against a range of planning policy requirements, including in relation to the townscape and landscape impacts, the relationship with neighbours and the amenities of prospective occupiers.
Resource Implications: None
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):

Westmount Quarry (Former Parish Depot), Westmount Road: Planning Application

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 Ministerial Meeting

1. Application Number

P/2012/1654

2. Site Address	Westmount Quarry (Former Parish Depot), Westmount Road, St. Helier, JE2 3LP.

3. Applicant	Dandara Jersey Limited

4. Description	Redevelopment of former parish depot and disused quarry to provide 242 residential apartments, plus ground floor artists studio and resident's gym, basement and ground level parking for 256 vehicles with associated plant and refuse areas. Alterations to existing vehicular entrance. Creation of new ground level public space to include improved access to cemetery, new landscaped residential amenity space, re- grading, stabilization and re-planting existing of existing quarry faces. (EIS Submitted).

5. Type	Major Application

6. Date Validated	11/12/2012

7. Zones & Constraints	Policy SP1 – Spatial Strategy Policy SP2 – Efficient Use of Resources Policy SP3 – Sequential Approach to Development Policy SP4 – Protecting the Natural and Historic Environment Policy SP5 – Economic Growth and Diversification Policy SP6 – Reducing Dependence on the Car Policy SP7 – Better by Design Policy GD1 - General Development Considerations Policy GD2 – Demolition and Replacement of Buildings Policy GD5 – Skyline, Views and Vistas Policy GD6 – Contaminated Land Policy GD7 - Design Quality Policy GD8 - Percentage for Art Policy NE1 – Conservation and Enhancement of Biodiversity Policy HE5 – Preservation of Archaeological Resources Policy BE3 – Green Backdrop Zone Policy BE5 – Tall Buildings Policy BE10 – Roofscape Policy E1 – Protection of Employment Policy ERE1 – Safeguarding Agricultural Policy H4 – Housing Mix Policy H6 – Housing Development within the Built-Up Area Policy SCO3 – Protection of Open Space Policy TT4 - Cycle Parking Policy TT8 – Access to Public Transport Policy NR7 - Renewable Energy in New Developments Policy WM1 - Waste Minimisation and New Development Policy LWM2 - Foul Sewerage Facilities

Summary	Planning permission was granted in July 2010 (P/2008/1778) for redevelopment of the site for 196 apartments, a 60-bed nursing home and a 60-space pre-school nursery, in 4 blocks of up to 13 storeys in height. This permission remains valid. Since the 2010 approval, the envisaged tenant for the nursing home and pre-school nursery has withdrawn from the site, and the applicant has reconsidered the ‘buildability’ of the development. The changes are presented as a new application, with apartments in place of the nursing home and nursery. Although 46 further units are proposed, the overall quantum of floorspace is reduced by about 7.7%. Most significantly the applicant has redesigned the scheme to considerably alter the architectural concept, and building forms. The 4 blocks remain in the approximate positions, with slightly altered footprints, but have been reduced in height, (removing 2 or 3 floors from each) meaning that in key views the Blocks will not break the escarpment to the extent of the approved scheme. The details have also been amended to include a palette of materials which will ensure the built forms sit more comfortably against the Green Backdrop, and increase the amount of private and usable amenity space. The relationships with external neighbours are also much improved, notably Block D (closest to Park Heights) has been reduced by 3 storeys. Block A has also been pulled away from the back-of-pavement position in the approved scheme, to allow an improved interface with Westmount Road. That said, there are still concerns with the scheme, specifically: the siting of Block A (which is also the most visually prominent); the overall shortfall in quantum of amenity space; and, the cramped internal layout - specifically to the back of Blocks B and C where the proximity and scale of the blocks cause concern about the outlook and amenities of prospective occupiers. However, in the context of the extant permission for the site (which is a material consideration of considerable weight) this proposal considerably out-performs the approved scheme across the full spectrum of planning issues, for the Island, neighbours, and prospective residents. On this basis the Department support the proposals, subject to the completion of a Planning Obligation Agreement as specified in the Report, which will include a mechanism for revoking / withdrawing the original P/2008/1778 permission. This is considered necessary as the current proposals have been submitted, and assessed, as an alternative development solution, and having two live permissions for the site would not secure the significant package of improvements which have been presented in this new application, and which are material to this recommendation.
Department Recommendation	APPROVE

8. Site Description & Existing Use	Westmount Quarry is on the western side of St Helier, with the site entrance off Westmount Road. As the name indicates, the site was a quarry, with the landforms reflecting that use. Adjacent to the north are apartments at Park Heights, and to the east are West Park Flats.

9. Proposed Development	The application seeks permission for development comprising 216,671 sq ft (GIA), being: Rockface stabilisation 242 apartments (up to 10 storeys) being 65 x 1-bed, 165 x 2-bed and 12 x 3-bed Artists studio and gym 256 car parking spaces Works to Jewish cemetery

10. Relevant Planning History	Application reference P/2008/1778 granted permission for for development comprising 234,733 sq ft (GIA), being: Rockface stabilisation 196 apartments (up to 13 storeys) 60-bed nursing home 60-space pre-school nursery Artists studio 281 car parking spaces Works to Jewish cemetery The conditions as relevant to the site preparation works for this development have been discharged and this permission is extant. However, the Parish were the intended occupiers for the nursing home and pre-school nursery, and have confirmed they are no longer necessary – leading to a detailed reconsideration of the scheme.

11. Consultations

Parish in its letter dated 29 January 2013 gives support subject to clarification of refuse storage and collection arrangements.

The Connetable of St Helier has written separately (15 February 2013 letter) expressing his support for the project on the basis of the delivery of the much needed rockface works, and the benefits of the current application over the approved scheme, on the basis of substantial improvements to the scale and mass and the improved form against the green backdrop.

[Applicant response – the proposal has been developed in dialogue with the Parish Refuse Manager, and an on-site management strategy can deliver the refuse needs]

Health and Safety Inspectorate in their letter of 17 December 2012 provided information in relation to the need to comply with Health and Safety legislation

TTS Waste Management in their letter of 22 January 2013 express concern about waste collection and recycling arrangements, during demolition, construction and operational phases.

[Applicant response – the proposal has been developed in dialogue with the Parish Manager. The scheme will exceed the thermal performance required under Jersey Bye Laws. No material will be removed from the site.]

TTS Drainage in their response of 4 February 2013 confirm that there is a foul sewer in Westmount Road with sufficient capacity, subject to an agreed maximum foul pumping rate. They also note that although it is not included in the application, surface water is envisaged to be drained to a large water holding tank under People’s Park and note this would be an agreeable solution.

Public Health in their response of 5 February 2013 make comments from the EIA in relation to: reliance on private transport; an apparent shortfall of disabled and motorcycle parking; and the need for contamination issues to be adequately addressed. In relation to feedback on the application they raise concern about apartments being adjacent to the lift shafts, and suggest conditions as relevant to asbestos, contaminated land, a CEMP / DEMP, noisy work, acoustics and lighting.

[Applicant response – apartments are adjacent to lift cores in several other Dandara developments and no complaints have ever been received. 5% of the car parking spaces would be disabled provision. Contaminated land can be dealt with by conditions as per the original permission.]

Natural Environment in their response of 27 February 2013 set out their requirements for further information in relation to a wildlife survey, and provide commentary in relation to the need for a comprehensive package of landscape works.

[Applicant response – the rockface is highly unstable and a detailed ecological survey cannot be undertaken. Restoration of the green backdrop, including habitat creation, will follow the stabilisation works].

TTS Highways in their consultation response support the development subject to conditions which require parking to be retained for residents. Further comment is made in relation to financial contributions for a bus stop and £50,000 towards improved pedestrian facilities on key walking routes. Additionally, clarification is sought about the pedestrian routes from Blocks C and D to the site entrance, and the geometry of the entrance.

Environmental Protection, in their comments of 26 February 2013 confirm they accept the infill will create a pathway break between any residual contamination and the end users, thereby mitigating any risks. They also suggest how the discovery strategy can be enhanced, comment on the potential for ordinance to be found and suggest specific mitigation for potential piling areas and the residual fuel tanks. In relation to Waste Management, reference is made to the need to record the source and verify the nature of any waste imported for raising the site levels.

___________________________

The agent has responded to consultee feedback, in a letter dated 8 March 2013. Their comments are summarised within the [square brackets] under the responses above.

All consultations are attached with the background papers

12. Representations

Three letters of representation have been received, all objecting to the proposals, on the basis of:

The blocks are too tall and will break the skyline;
The additional traffic will cause congestion;
There will be a significant loss of light to apartments in Park Heights;
There will be a loss of privacy, from the outlook of windows in Block D facing Park Heights.

__________________________

The agent has responded to these representations, by letters of 11 January 2013 (received on 21 March) and 12 February. They set out the history in relation to the consideration of the issues of light / outlook in the 2008 application, including the 3rd Party appeal, and present a sunpath analysis. They also emphasise the changes in Block D from the approved scheme, specifically:

the reduction in height (lower by 3 storeys);
that it is moved away by a further 2m (with a gap of 19.7m to Park Heights at the closest point);
the rooftop amenity area has been removed; and
privacy screens have been introduced.

In relation to the concerns about height and traffic, the applicant makes reference to the submitted application package, including the Transport Statement.

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

13. Planning Assessment a) Policy Considerations	The application falls to be considered in the context of the policies within the Jersey Island Plan 2011. The key policies which are particularly relevant to this application are set out below, with a short assessment of whether the scheme is considered to comply. Policy SP1 – Spatial Strategy – sets out that development will be concentrated in the Island’s Built-Up Area, as defined on the Proposals Map. This application is within the Built-Up Area. Policy SP2 – Efficient Use of Resources – sets out that development should make the most efficient and effective use of land, energy, water resources and buildings to help deliver a more sustainable form and patters of sustainable development. In particular the proposed spatial distribution of new development should be designed to limit carbon emissions. This proposal is considered to be an appropriate location for new residential development. Policy SP3 – Sequential Approach to Development – establishes a hierarchy of priorities for development in favour of sustainable development patterns. The application clearly accords with this priority. Policy SP4 – Protecting the Natural and Historic Environment – provides for a high level of protection for the Island’s natural and historic environment which contributes to and defines its unique character and identity. The application makes provision for the restoration of the rockface. Policy SP5 – Economic Growth and Diversification – gives a high priority to the maintenance and diversification of the economy, and supports the redevelopment of vacant and under-used existing employment land and floorspace for new employment uses. The employment use ceased over 10-years ago and there is an extant permission for the redevelopment of the site for residential purposes. Policy SP6 – Reducing Dependence on the Car – applications must be able to demonstrate that they will reduce dependence on the private car by providing for more environmentally friendly modes of transport. The site is well located to facilitate walking into central St Helier, and the submitted Transport Statement is endorsed by TTS Highways. Policy SP7 – Better by Design – this confirms that all development must be of a high quality design that maintains and enhances the character and appearance of the area in which it is located. This issue is discussed in more detail in the later sections of this Report. Policy GD1 - General Development Considerations - states that development proposals will not be permitted unless the proposal contributes towards a more sustainable form and pattern of development, does not seriously harm the natural and historic environment, does not seriously harm the amenities of neighbouring uses, contributes or does not detract from the Island’s economy, contributes to reducing the dependence on the car, and is of a high quality of design. The key considerations from this Policy will be reviewed in the later sections of this Report. Policy GD2 – Demolition and Replacement of Buildings – this policy confirms that demolition of a building will only be permitted where it is not appropriate in sustainability terms to repair of refurbish it, and where adequate provision is made for waste management and minimisation. Planning permission is already in place for the demolition works. Policy GD5 – Skyline, Views and Vistas – this policy seeks to protect or enhance the skyline, strategic views, important vistas and the setting of landmark buildings and places. The scale of the buildings in the original permission broke the skyline in key public views. This much-reduced scale of the current application will result in building forms which are much more appropriate. Policy GD6 – Contaminated Land – Proposals will be permitted on contaminated land provided satisfactory investigations have been undertaken and an acceptable programme of treatment identified. Detailed reports have been submitted and the advice of consultees is that an acceptable solution is identified. Policy GD7 - Design Quality - requires that a high quality of design that respects, conserves and contributes positively to the diversity and distinctiveness of the landscape and built context will be sought in all developments. The issues relevant to this assessment are considered in the later sections of this Report. Policy GD8 - Percentage for Art - states that the Minister will encourage the contribution of a percentage of design and development costs to the provision of public art. A commemorative statue is proposed as a % for Art contribution. Policy NE1 – Conservation and Enhancement of Biodiversity – there is a presumption in favour of applications which deliver these objectives. The proposals acknowledge that detailed landscape works will follow the remodelling of the rockface. Policy HE5 – Preservation of Archaeological Resources – planning applications which may impact on archaeological resources should include the necessary assessment. The former use of the site as a quarry means there is no requirement for an archaeological assessment. Policy BE3 – Green Backdrop Zone – seeks to ensure that landscape remains the dominant visual element, and to ensure that satisfactory landscape works are included. The proposals acknowledge that detailed landscape works will follow the remodelling of the rockface. Policy BE5 – Tall Buildings – this policy states that tall buildings, defined as those above approximately 18m in height, or rising more than 7m above their neighbours, will only be permitted where their exceptional height can be fully justified in urban design terms [appropriateness to location and context; visual impact; impact on views; design quality and contribution to the character of St Helier]. It further states that development which exceeds the height of buildings in the immediate vicinity will not be approved. Permission is already in place for tall buildings on the site. As is considered in the later sections of this Report, the current application is considered a significant improvement in urban design terms. Policy BE10 – Roofscape – the siting of roof plant, equipment or other structures will not normally be permitted, except in exceptional circumstances, where it can be demonstrated that it cannot be located in the building envelope and subject to other detailed criteria. No plant or machinery is included on the roof. Policy E1 – Protection of Employment Land – there is a presumption against the loss of land for employment use. The employment use ceased over 10-years ago and there is an extant permission for the redevelopment of the site for residential purposes. Policy ERE1 – Safeguarding Agricultural Land – there is a presumption against the permanent loss of agricultural land. The regarding of the rockface will result in the loss of a strip of the agricultural land in the upper field. Policy H4 – Housing Mix – developments are expected to contribute a variety of sizes of homes. The application now includes a reasonable proportion of 3-bed units, which were not in the original approval. Policy H6 – Housing Development within the Built-Up Area – proposals for new dwellings will be permitted, provided developments accord with the Standards for housing as set out in Supplementary Planning Guidance. The development is in the Built-Up Area, and the unit sizes are generally in accordance with the required standards. Although some units are below the specified areas the applicant is keen to emphasise that open-plan layouts are proposed as due to fire engineering the requirement for protected lobby space is removed, so increasing the habitable space when compared to conventional apartments. The Standards in relation to car parking and amenity space are considered later in this Report. Policy SCO3 – Protection of Open Space – the loss of open space will usually not be permitted. The footprint of Block A is partially within designated Open Space. This situation is unchanged from the original approval. Policy TT4 - Cycle Parking - requires cycle parking provision in all new developments. Each apartment will have a cycle space. Policy TT8 – Access to Public Transport – seeks to ensure that where bus services are low or infrequent in relation to the scale or nature of development proposals, that the developer will be expected to support the provision of an appropriate service. The proposal is reasonably located in relation to access to bus services. Policy NR7 - Renewable Energy in New Developments – requires large developments to incorporate on-site low carbon or renewable energy production equipment to off-set predicted carbon emissions by at least 10%, except where it is demonstrated that such provision would make the development unviable or where it would have an adverse visual or amenity impact. The application does not directly address this requirement, rather, it seeks to improve thermal performance to deliver the same objective, over and above the usual Bye Law requirements. Policy WM1 - Waste Minimisation and New Development - states that the Minister will encourage the minimisation of waste generated as part of construction activity and an increase in recycling, re-use and recovery of resources. Major developments will only be permitted where measures are taken to minimise the waste arising and to recycle, re-use and recover as much as possible of generated waste materials, and opportunities are taken to maximise on-site management of waste. Where inert waste generated cannot be re-used on site, it should be diverted for recycling with a licensed contractor. A comprehensive Waste Management Plan has been included with the revised application. Policy LWM2 - Foul Sewerage Facilities - provides that development which results in the discharge of sewerage effluent will not be permitted unless it provides a system of foul drainage that connects to the mains foul sewer. The development will connect to the mains foul sewer network.

b) Size, scale Form and Siting	The 4 blocks are generally on the same footprint as the approved scheme, however, some reorientation has occurred to improve the siting. Block A has been moved slightly back from the edge of Westmount Road, the angle between Blocks B and C has been ‘opened’ and Block D has been moved slightly further away from Park Heights (2m). The height of the blocks has been significantly altered, as follows: Block A – was 10 storeys - now 8 storeys Block B – was 13 storeys - now 10 storeys Block C – was 12 storeys - now 10 storeys Block D – was 9 storeys - now 6 storeys The overall scale has also been revised so that the blocks have moved away from the original ‘podium + tower’ concept, to a form which has balanced the mass better. This approach has meant that the three dimensional forms sit lower within the ‘bowl’ of the quarry, and (visually) more comfortably against the backdrop of the rockface. Whilst this application has more units than the existing consent (was 196, now 242) the loss of the nursing home and pre-school nursery has meant the overall floorspace has actually come down by about 7.7%.

c) Architectural Design and Use of Materials	The architectural concept works to stagger the blocks back towards the rockface, and align the blocks towards the primary southern aspect. A Design Statement explains how the detailed architectural language seeks to respond to the surrounding context, with a façade composition that is both layered and has rhythm, whilst also having looser detailing (balconies and colour) which is more natural and irregular. The materials are chosen both for their ability to settle the building within the context, but also to assist with ‘buildability’ which is an issue the applicant has emphasised – being, that the proposed structures can be delivered with existing on-island labour (which was unlikely with the approved scheme due to specialist requirements of the height and materials).

d) Impact In the Landscape/Street	The proposal will have a significant impact in the local landscape and streetscape. These are large buildings, and they are not going to be ‘hidden’. The position of Block A means that it will appear visually as being on the edge of the Park, and it will be prominent on Westmount Road, having a back-of-pavement façade. The context of the site does mean that it can take height, and the current application has demonstrated that the forms will sit at, or below, the ridge-line when viewed across People’s Park. Clearly this ‘horizon’ will change in closer views, however, the proposals are significantly better in relation to landscape and streetscape impacts than the extant development.

e) Impact on Neighbours	The key neighbours are to the north within Park Heights. Their concerns are evidenced in the letters of representation (summarised earlier and included in the Minister’s Papers) and were strongly expressed in the progression of the original application. The outlook from Park Heights will clearly alter significantly – the quarry floor is proposed to be raised (to the same height as the site access) and this application then proposes buildings which rise to 10 storeys. The submitted concerns are primarily made on the basis of a loss of light, outlook and of privacy to apartments in Park Heights. The issue of light has been considered in a sunpath assessment submitted by the applicant in response to the objection. It has also been reviewed in the Department 3D model. Shading impacts will occur, but they are significantly less than the approved scheme and are considered reasonable in all the circumstances. Within this context it is important to confirm that as a valid decision, the original permission is a material consideration in this application, and sits alongside the Island Plan policies as relevant to the determination. In relation to Island Plan policies, the key test is within GD1, part (3) and requires a consideration of whether “serious harm” is caused. Within a ‘baseline’ of P/2008/1778 and a new application offering significant improvements, it is difficult to understand how this application can be anything but beneficial for the amenities of the Park Heights residents. The changes can be summarised as: a reduction in height (lower by 3 storeys); moved away by a 2m (with a gap of 19.7m to Park Heights at the closest point); the rooftop amenity area has been removed; and privacy screens have been introduced. Outside this context (i.e. if planning permission was not already in place for a different scheme) the relationships between the forms proposed in the application and Park Heights are not considered to be unreasonable, and are comparable (if not better) than many relationships in the Built-Up Area.

f) Access, Car Parking & Highways Considerations	Car parking is provided in one basement level, which facilitates one space per unit. This is below the usual requirement, but is considered reasonable by TTS given the proximity of the site to the centre of St Helier. TTS Highways suggest the site access could be improved by becoming perpendicular to Westmount Road, and this can be achieved by minor realignment. Comment is also given about the need to enhance the pedestrian links to the entrance from Blocks C and D – again this can be achieved by minor reconsideration of the landscape.

g) Foul Sewage & Surface Water Disposal	Foul sewage is to mains. The application does include supplementary drawings to indicate the surface water will discharge to a holding tank within Peoples Park, however, this is outside the application site as edged red, and not within the ownership of the applicant, so cannot be considered as part of this submission, however, the Minister can (as standard practice) require a conditional resolution of the surface water drainage, and if the applicant wants to progress the off-site option a further application may be necessary.

h) Landscaping	There are two elements of key landscape works, being to the rockface and then the communal areas. In relation to the rockface, the significant engineering work as relevant to the remodelling and regrading phase is proposed to be followed by a re-planting programme to include planting on the ridge, and to a shelf within the contours, then hyrdaseeding the remaining escarpment to reinstate the green backdrop. The works to the communal areas are proposed to link to the reception areas of the blocks (entrances are now prominent, rather than being to the rear or via the car park as in the original scheme) and whilst the quality and quantity of space falls short of the usual standards, the provision is significantly improved (against both tests), than in the original scheme. It should be noted that the largest increase is in the private balcony provision. The 2008 application delivered an acutely angled south-facing external space for each unit, whilst the current proposals deliver a larger, ‘regularly-shaped’ balcony, which significantly improves usability. Given the shortfall in provision, the original permission also included a planning condition to secure a contribution to the maintenance of People’s Park. However, the Parish have made no such request in this latest application and indicated that they would prefer a contribution to improving pedestrian accessibility.

i) Archaeology	n/a – this site is a former quarry.

j) Waste Management	A waste management plan has been submitted.

k) Planning Obligations & Percent for Art	A commemorative statue is proposed as a Percentage for Art contribution. The need for a Planning Obligation Agreement is considered in the conclusions of this Report.

l) Contaminated Land	Contaminated land issues have been investigated, with a framework agreed, subject to a Discovery Strategy.

m) Sustainability	Issues as relevant to Sustainability have been considered in the earlier Policy review.

n) Other Matters	The application was presented to the Architecture Commission, who welcomed the reduction in height, which was considered to enhance the ability of the project to fit in its context. The Commission highlighted the need for clear choices on materials and a strong landscape scheme (including roof gardens) to deliver a co-ordinated development. The feedback from the Commission is included with the Minister’s Papers.

14. Conclusion	Planning permission was granted in July 2010 (P/2008/1778) for redevelopment of the site for 196 apartments, a 60-bed nursing home and a 60-space pre-school nursery, in 4 blocks of up to 13 storeys in height. This permission remains valid. Since the 2010 approval, the envisaged tenant for the nursing home and pre-school nursery has withdrawn from the site, and the applicant has reconsidered the ‘buildability’ of the development. The changes are presented as a new application, with apartments in place of the nursing home and nursery. Although 46 further units are proposed, the overall quantum of floorspace is reduced by about 7.7%. Most significantly the applicant has redesigned the scheme to considerably alter the architectural concept, and building forms. The 4 blocks remain in the approximate positions, with slightly altered footprints, but have been reduced in height, (removing 2 or 3 floors from each) so meaning that in key views the Blocks will not break the escarpment to the extent of the approved scheme. The details have also been amended to include a palette of materials which will ensure the built forms sit more comfortably against the Green Backdrop, and increase the amount of private and usable amenity space. The relationships with external neighbours are also much improved, notably Block D (closest to Park Heights) has been reduced by 3 storeys. Block A has also been pulled away from the back-of-pavement position in the approved scheme, to allow an improved interface with Westmount Road. That said, there are still concerns with the scheme, specifically: the siting of Block A (which is also the most visually prominent); the overall shortfall in quantum of amenity space; and, the cramped internal layout - specifically to the back of Blocks B and C where the proximity and scale of the blocks cause concern about the outlook and amenities of prospective occupiers. However, in the context of the extant permission for the site (which is a material consideration of considerable weight) this proposal considerably out-performs the approved scheme across the full spectrum of planning issues, for the Island, neighbours, and prospective residents. On this basis the Department support the proposals, subject to the completion of a Planning Obligation Agreement as specified in the Report, which will include a mechanism for revoking / withdrawing the original P/2008/1778 permission. This is considered necessary as the current proposals have been submitted, and assessed, as an alternative development solution, and having two live permissions for the site would not secure the significant package of improvements which have been presented in this new application, and which are material to this recommendation


15. Department Recommendation	APPROVE It is recommended that the Minister visits the site, and the objectors properties, and then endorses the recommendation, subject to conditions as set out below, and subject to the completion of a Planning Obligation Agreement within 3 months of the date of the determination, to secure: the financial contribution as necessary for the a bus stop and improved pedestrian facilities on key walking routes; the revocation / withdrawal of the original permission P/2008/1778. If the Planning Obligation agreement is not completed then the Department recommend the Director of Planning is given delegated authority to refuse the applications.

16. Conditions (reasons in italics)	Prior to the commencement of development a Phasing Plan shall be submitted to and agreed in writing by the Minister for Planning and Environment to demonstrate the phasing of the development works. In the interests of securing the proper planning of infrastructure in accordance with Policy GD1 of the Jersey Island Plan 2011. 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. Prior to the commencement of the development of the above-basement superstructure for any of the Blocks, written confirmation that the refuse storage and collection arrangements have been agreed to the satisfaction of the Parish of St Helier, including a refuse separation and recycling strategy, is to be submitted to the Minister for Planning and Environment, to be thereafter implemented in full prior to first occupation and maintained in perpetuity thereafter. In the interests of providing adequate service infrastructure in accordance with Policy GD1 of the Jersey Island Plan 2011. Notwithstanding the information on the submitted plans, prior to the commencement of the development of the above-basement superstructure for any of the Blocks, details of the proposed surface water drainage shall be submitted to and approved in writing by the Minister for Planning and Environment, in consultation with TTS Drainage, to be thereafter implemented in full prior to first occupation and maintained in perpetuity thereafter. The Drainage Philosophy included in Appendix B is not approved by this permission as the works are outside the application site and not within the ownership of the applicant, and if this option is to be progressed then a separate planning application will be required. In the interests of providing adequate drainage arrangements, in accordance with Policy GD1 of the Jersey Island Plan 2011. Prior to the commencement of development a Demolition / Construction Environmental Management Plan shall be submitted to and agreed in writing by the Minister for Planning and Environment which shall thereafter be implemented in full until the completion of the development. The Plan shall include an implementation programme of mitigation measures to minimise any adverse effects of the proposal, and shall include: A demonstration of best practice in relation to noise and vibration control; and control of dust and emissions; Details of a publicised complaints procedure, including office hours and out-of-hours contact numbers; Specified hours of working (to include that work resulting in noise being heard outside the application boundary occurs only between 8am and 6pm Monday to Friday, and 8am to 1pm on Saturdays, with no noisy working outside these times, and no noisy work on Bank or Public Holidays). Details of any proposed crushing / sorting of waste material on site; Details of the proposed management of traffic and pedestrians (to include for vehicle wheel washing) Measures taken to detect and manage any asbestos. In the interests of protecting the amenities of the area generally and to accord with Policy GD1 of the Jersey Island Plan 2011. Unless otherwise agreed in writing by the Minister for Planning and Environment, any externally audible plant or equipment must comply with a noise rating (NR) of NR 40 daytime and NR 30 night time, measured 1 metre from the facade of the nearest affected residential unit. All equipment must be acoustically mounted to prevent vibration and structure borne noise transmission to adjacent premises. In the interests of the amenities of the area and in accordance with the requirements of Policy GD1 of the Jersey Island Plan 2011. Unless otherwise agreed in writing by the Minister for Planning and Environment, all external lighting must be erected and directed in accordance with the Institution of Lighting Engineers Guidance Notes for the Reduction of Light Pollution 1994 (revised) as applicable to an area of medium district brightness. In the interests of the amenities of the area and in accordance with the requirements of Policy GD1 of the Jersey Island Plan 2011. Prior to the commencement of development an Ecological Report shall be submitted to and approved in writing by the Minister for Planning and Environment. The methodology for the Report shall first have been agreed in writing by the Minister for Planning and Environment, and shall include survey for amphibians and reptiles, mammals, bats and birds, to include consideration of habitat and potential mitigation works. The recommendations of the Report shall be implemented in full prior to first occupation and maintained in perpetuity thereafter. In the interests of biodiversity and ecology, in accordance with Policies SP4, NE1, NE2 and NE3 of the Jersey Island Plan 2013. Notwithstanding the submitted information, prior to the commencement of the development of the above-basement superstructure for any of the Blocks, a scheme setting out the allocation of the car parking spaces and cycle storage spaces to individual apartments shall be submitted to and approved in writing by the Minister for Planning and Environment, to be implemented in full prior to first occupation and maintained in perpetuity thereafter. For the avoidance of doubt, there shall be no car parking by commuters or non-residents other than persons visiting residents. Car parking shall not to be sub-let or reassigned to non-residents of the development. For the avoidance of doubt and to ensure adequate car parking in accordance with Policy GD1 of the Jersey Island Plan 2011. Unless otherwise agreed in writing by the Minister for Planning and Environment, prior to the commencement of development, revised drawings showing the alignment of the new site entrance at 90 degrees to Westmount Road, and enhanced pedestrian routes from Blocks C and D shall be submitted to and approved in writing by the Minister for Planning and Environment, the approved works are to be implemented in full prior to first occupation and maintained in perpetuity thereafter. In the interests of delivering suitable vehicle and pedestrian infrastructure, in accordance with Policy GD1 of the Jersey Island Plan 2011. Prior to first occupation of the development hereby permitted the visibility lines must be provided in accordance with the approved drawings. Everything within the visibility sight lines, including gates, walls, railings and plant growth is to be permanently restricted in height to 900mm above road level. In the interests of delivering suitable vehicle and infrastructure, in accordance with Policy GD1 of the Jersey Island Plan 2011. Prior to the commencement of development a contaminated land Discovery Strategy shall be submitted to and approved in writing by the Minister for Planning and Environment to provide a methodology for: dealing with potential contamination during piling (specifically at points TP9, TP5 and TP11a); the potential for ordinance and the removal of the underground fuel tanks. For the avoidance of doubt and to ensure compliance with Policies GD1 and GD6 of the Jersey Island Plan 2011. 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. Prior to the commencement of development site-specific Acceptance Criteria for imported materials shall be submitted to and agreed in writing with the Minister for Planning and Environment. All imported material (including that already on site) shall be verified against the agreed Acceptance Criteria with auditable records maintained to identify the source of the material and verify its clean, uncontaminated and inert nature. For the avoidance of doubt and to ensure compliance with Policies GD1 and GD6 of the Jersey Island Plan 2011. The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Minister for Planning and Environment, a scheme of hard and soft landscaping, to include the roofs. The landscape scheme shall provide details of the following; i) the position of all new trees and/or shrubs, this must include the species of plant(s)/tree(s) to be planted, their size, number and spacing and the means to be used to support and protect them; ii) other landscape treatments to be carried out or features to be created, for example, hard surfacing treatments, or means of enclosure; iii) the arrangements to be made for the maintenance of the landscaped areas. To ensure that before development proceeds provision is made for a landscaping regime that will enhance the appearance of the development and to ensure a high quality of design in accordance with Policies SP7 and GD7 of the Jersey Island Plan 2011. All planting and other operations comprised in the landscape scheme hereby approved shall be completed prior to first occupation of any element of the development. To ensure the benefits of the landscape scheme are not delayed, in the interests of the amenities of the area and to ensure a high quality of design in accordance with Policies SP7 and GD7 of the Jersey Island Plan 2011. A Percentage for Art contribution must be delivered in accordance with the Percentage for Art Statement submitted to, and approved by, the Minister for Planning and Environment. The approved work of art must be installed prior to the first use/occupation of any part of the development hereby approved. In accord with the provisions of Policy GD8 of the Jersey Island Plan 2011 Notwithstanding the indications on the approved plans, prior to the commencement of the development of the above-basement superstructure for any of the Blocks, full details (including samples) of all external materials to be used to construct the development shall 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. For the avoidance of doubt, the details will need to include the underside of the balconies to Block A and the remodelling of the roadside wall adjacent to Block A. To ensure a high quality of design and in accordance with Policies SP7 and GD7 of the Jersey Island Plan 2011. Notwithstanding the submitted information, prior to the commencement of development a scheme shall be submitted to and approved in writing by the Minister for Planning and Environment to clarify the extent, nature and programme of works necessary to undertake the slope stabilisation works, to be thereafter implemented and maintained. Advance details of any preliminary works necessary to finalise the slope stabilisation works are also to be submitted to and approved in writing by the Minister for Planning and Environment. For the avoidance of doubt and to ensure the preservation and protection of the Green Backdrop Zone in accordance with Policy BE3 of the Jersey Island Plan 2011. Prior to the commencement of the development of the above-basement superstructure for any of the Blocks, a scheme for the provision of non-terrestrial television to the whole of the development shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implement in full prior to first occupation. To ensure a high quality of design and in accordance with Policies SP7 and GD7 of the Jersey Island Plan 2011. Prior to the commencement of the development of the above-basement superstructure for any of the Blocks, a scheme for the provision of electric car charging points shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implement in full prior to first occupation. In the interests of providing adequate service infrastructure in accordance with Policy GD1 of the Jersey Island Plan 2011.

17. Reason for Approval	REASON FOR APPROVAL: Permission has been granted, subject to the conditions as specified, having taken into account the relevant policies of the approved 2011 Jersey Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received. A small part of the application site is designated as Important Open Space in the Island Plan, but the Minister considered that this was an insubstantial departure from the Plan given the contribution the development would make towards meeting the Island's housing needs within the Built-Up Area. The Minister considered the impacts on the amenities of the residents of Park Heights and concluded that the development did not cause serious harm. In particular the Minister considered that the revocation / withdrawal of the extant permission granted under P/2008/1778 was a significant material consideration, in that the current application performed significantly better against a range of planning policy requirements, including in relation to the townscape and landscape impacts, the relationship with neighbours and the amenities of prospective occupiers.

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

Endorsed by:	Date: 25th March 2013