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427
KML/MH/172
PLANNING COMMITTEE
(28th Meeting)
1st June 2017
PART A
All members were present, with the exception of Deputies R. Labey and R.J.
Rondel, both of St. Helier, from whom apologies had been received.
Connétable J. Gallichan of St. Mary, Chairman
(except for item No. A7)
Connétable P.B. Le Sueur of Trinity, Vice-Chairman
(except for item Nos. A4 and A11)
Deputy J.M. Maçon of St Saviour
(not present for item Nos. A14 – A18)
Deputy G.J. Truscott of St. Brelade
Deputy S.M. Wickenden of St. Helier
(not present for item Nos. A14 – A18)
In attendance -
P. Le Gresley, Director, Development Control
(not present for item Nos. A1 – A5)
A. Townsend, Principal Planner (present for item Nos. A1 – A5 only)
C. Jones, Senior Planner
L. Davies, Planner
R. Hampson, Planner
R. Greig, Planner
G. Duffell, Assistant Senior Planner
S.H. Chang, Trainee Planner
T. Ingle, Principal Historic Environment Officer
K.M. Larbalestier, Committee Clerk, States Greffe
Note: The Minutes of this meeting comprise Part A only.
Minutes. A1. The Minutes of the meetings held on 27th April and 25th May 2017, having
been previously circulated, were taken as read and were confirmed.
Couelle
Cottage, La
Rue du Coin,
St. Ouen:
proposed
extension/
alteration of
access/external
alterations
(RFR).
477/5/3(994)
P/2016/1874
A2. The Committee, with reference to its Minute No. A11 of 27th April 2017,
considered a report in connexion with an application which had sought permission
for the construction of an extension to the east elevation of the property known as
Couelle Cottage, La Rue du Coin, St. Ouen. It was also proposed to alter the
vehicular access on to La Rue du Coin and carry out various external alterations, to
include replacing the roof, altering land levels and installing hard standing. The
Committee had visited the site on 25th April 2017.
The Committee recalled that it had been minded to approve the above application,
contrary to the officer recommendation. For the purpose of formally setting out the
reasons for approval and any conditions which were to be attached to the permit, the
application was represented.
428
28th Meeting
01.06.2017
Having noted the condition which was to be attached to the permit, as set out in the
officer report, the Committee confirmed its approval of the application.
B&Q
Supercentre,
Queens Road,
St. Helier:
variation of
condition to
allow Sunday
trading.
477/5/1(488)
RC/2017/0388
A3. The Committee, with reference to its Minute No. A6 of 20th October 2016,
considered a report in connexion with an application which proposed a variation in
condition No. 7 of permit reference P/1998/1002, condition No. 11 of permit
reference PP/1997/0699 and condition No. 6 of permit reference PB/1998/2777
issued to B&Q Supercentre, Queen’s Road, St. Helier so as to allow the store to open
on 9 Sundays a year. The Committee noted that no such conditions had been imposed
on the other retailers operating from the application site. The Committee had visited
the application site on 30th May 2017.
A site plan was displayed. The Committee noted that the application site was located
in the Built-Up Area and the Green Backdrop Zone. Policies GD1 and E1 were
relevant to the application.
The Committee was advised that the main concern with regard to the additional
Sunday opening days was the impact on residents in terms of noise and disturbance
arising from the use of the car park and the potential for increased traffic movements.
In granting temporary planning permission in 2011 for 5 Sundays per year,
conditions had been imposed to restrict the opening hours from 10.00 a.m. to 4.00
p.m. to ensure that there were no deliveries. The provision of a car parking strategy,
to include the use of car park attendants, had also been required. If permission was
granted for the current application, identical conditions were proposed. The
Committee was advised that whilst the Parish of St. Helier had objected to the 2011
application, no such objection had been received in connexion with the current
application, despite the request to increase the number of Sunday trading days from
5 to 9. The Health Protection Unit of the Health and Social Services Department had
raised no objections. With the proposed restrictions in place and given that the
proposal was for only 9 Sundays per year, it was considered that this would not have
an adverse impact on neighbouring amenities, in accordance with Policy GD1.
Consequently, the application was recommended for approval, subject to the
imposition of certain conditions detailed within the officer report.
8 letters of objection had been received in connexion with the application, together
with a petition containing the signatures of 202 individuals who supported the
application. In addition, 2 individual letters of support had also been received.
The Committee heard from Deputy J.A. Hilton of St. Helier who reminded
members that the application site was situated within close proximity of a
residential area. Concerns which had been expressed previously remained and
residents were worried about the impact the additional Sunday opening would have
on their peace and quiet. Deputy Hilton pointed out that B & Q currently opened at
8.00 am and closed at 8.00 pm, which impacted upon residents. Noise and light
pollution from the business were frequently reported well before the shop opened
and after it closed. Whilst the store had been closed on Good Friday, staff were on
site and residents had experienced noise and disturbance from operations. Deputy
Hilton believed that the other 2 large stores on the site did not open on a Sunday.
She understood that when permission had originally been granted for the B & Q
store, around 1998, a condition of the permit had required the creation of buffers on
the northern and western boundaries, in the form of a wall and planting. The wall
had never been constructed and the planting was ineffective. Traffic congestion in
and around Queens Road was also a significant issue and Sunday was the only day
when the road was quieter. Whilst the Parish of St. Helier had granted the applicant
company the relevant Sunday trading permit, in accordance with the (Shops
Regulation of Opening) (Jersey) Regulations 2011, this did not take into account
the impact of the operation of the business on residents.
28th Meeting
01.06.17
429
The Committee heard from Mr. N. Oomrigar, Manager, B&Q and Mr. J. Guthrie,
Quad Consulting. Mr. Oomrigar advised that the applicant company was absolutely
committed to addressing the concerns which had been addressed by the Committee
when the previous application had been refused. There would be no external
operations on a Sunday and every effort would be made to minimise the impact on
neighbours. It might, however, be necessary to use a fork lift truck in certain
situations. In response to a question from the Chairman, he confirmed that the
applicant company had not specifically engaged with neighbours in the context of
the planning application. The company had received considerable support from
customers in respect of Sunday trading and, from a business perspective, was
operating in a market where competition from online retailers was growing. Mr.
Oomrigar was unable to confirm which particular Sundays it was intended to open.
He went on to add that the other 2 retailers on the site did open on certain Sundays,
as detailed on their respective web sites and it was possible that there would be
occasions when all 3 shops were open on a Sunday. In response to a suggestion from
a member that part of the car park, which was nearest to residential development,
could be closed off on Sundays when the shop was open, Mr. Guthrie stated that this
could be addressed via the car parking strategy required by one of the proposed
conditions.
Having considered the application, the Committee was keen to establish whether all
of the conditions on the original permit for the B & Q store had been implemented;
specifically the condition which Deputy Hilton believed required the construction of
a wall which would act as a buffer. Consequently, consideration of the application
was deferred pending receipt of this information.
On a related matter, the Chairman pointed out that Good Friday counted as a Sunday
in the context of the Shops (Regulation of Opening) (Jersey) Regulations 2011. The
Regulations set out the 3 types of Sunday Trading Permits, as follows –
General Permit – shops with retail sales area less than 700 square metres were
permitted to open on any Sunday throughout the year and on Good Friday,
Liberation Day and 26th December;
Single Permit – shops with a retail sales area which exceeded 700 square metres
were permitted to open on 5 Sundays (or Good Friday or Liberation Day)
throughout the year;
Blanket Permit – every shop within the Parish, regardless of the size of the
retail sales area was permitted to open on certain ‘special occasions’ as
determined by the Minister for Economic Development, for example, the Fête
de Noué.
The Chairman stated that, even if the shop did not trade on Good Friday, it appeared
that on site operations caused some disturbance and she asked whether it was
possible to require a policy statement from the applicant company to prevent this
from happening in future. Mr. A. Townsend, Principal Planner advised that this issue
might be best addressed via the Statutory Nuisance legislation as opposed to the
planning process.
Les Petits
Canons and
Field No.
1391, La
Grande Route
de St. Jean,
Trinity:
proposed
A4. The Committee, with reference to its Minute No. A10 of 8th December 2016,
considered a report in connexion with an application which proposed various works
at the property known as Les Petits Canons and Field No. 1391, La Grande Route
de St. Jean, Trinity, as follows –
conversion of existing outbuilding to create 5 self-catering units (to include
roof lights);
430
28th Meeting
01.06.2017
conversion of
outbuilding to
create self-
catering
accommodat-
ion/alterations
to main house/
extension of
cottage/change
of use of field
to domestic
curtilage.
477/5/2(747)
P/2016/1398
alterations to existing main house to form an additional 2 bedroom unit of
accommodation;
extension to roof of existing cottage to form a one bedroom unit of
accommodation;
change of use of part of Field No. 1391 to domestic curtilage to create a car
parking area;
widening of existing vehicular access off La Grande Route de St. Jean;
creation of a pedestrian passing place adjacent to the existing public footpath
to the north of the main vehicular access.
The Committee had visited the site on 30th May 2017.
Connétable P.B. Le Sueur of Trinity, Vice-Chairman did not participate in the
determination of this application.
The Committee noted that whilst the scheme had generated only one letter of
objection, the applicant was a sitting States member and a member of the Planning
Committee. Consequently, the Committee was required to determine the application.
One letter supporting the scheme had also been received.
A site plan and drawings were displayed. The Committee noted that the application
site was located in the Green Zone and was a potential Grade 3 Listed Building.
Policies SP1, SP2, SP4, SP5, SP6 and SP7, GD1, GD7, GD8, NE2, NE7, HE1, BE6,
E1, ERE1, ERE4, EVE1 and H10, TT4, LWM2, LWM3 and WM1 of the 2011
Island Plan were relevant to the application.
The Committee recalled that a previous application for a similar scheme had been
refused on the grounds that a number of detailed factors had not been addressed.
Both the internal and external works to the historic buildings and the creation of a
driveway and car parking area in the field to the north, had been considered to be
harmful. Additional information was also required regarding the structure of the
buildings and the potential ecological impacts. In addition, the creation of a new
dwelling on the application site was not supported by the Island Plan Policies, and
concerns existed with regard to highway safety. Consequently, the application had
been refused on the grounds it was contrary to Policies SP1, SP4, SP7, GD1, GD7,
BE6 and HE1, NE7, EVE1, NE2 of the 2011 Island Plan. The Committee had not
been opposed to the principle of self-catering accommodation on the site, but was
extremely concerned about the proposed change of use of Field No. 1391 to domestic
curtilage to create a new access driveway and car parking/turning area. With regard
to the proposed new unit within the main house, the Committee had agreed that it
would wish to receive firm evidence of the previous existence of a second unit. The
Committee had made no commitments in terms of the number of self-catering units
proposed, but noted that the number of units was directly related to the number of
new openings which would have to be created in the barn.
The Committee noted that since the previous refusal the applicant and his agent had
worked with the Department in order to secure a scheme with respected both the
historic integrity of the existing buildings and provided suitable access
arrangements. In this context, it was noted that the current proposal introduced roof
lights as opposed to dormers to the prominent southern elevation of the barn and
utilised the existing access off La Grande Route de St. John. As a consequence, the
scheme was considered to be acceptable and was recommended for approval, subject
to the imposition of certain conditions detailed within the officer report.
28th Meeting
01.06.17
431
The proposed conversion of the existing outbuilding to create self-catering
accommodation involved the creation of 2 x 2 bedroomed units and 3 x 3 bedroomed
units over three floors of accommodation. In order to facilitate the conversion, 5 roof
lights were proposed on the northern elevation and 5 on the southern elevation of
the barn. In addition, a small number of other new window and door openings were
proposed in the existing walls of the aforementioned elevations. The alterations to
the main house to form an additional 2 bedroom unit of accommodation would
involve the sub-division of part of the existing main house to provide a separate 2
bedroom unit of accommodation. Internal door openings would be blocked up and
an existing door opening which had been blocked off would be re-used. The
applicant had previously advised that the main house had originally been sub-
divided and the Committee had seen evidence of a doorway which had been blocked
off in the main house during the site visit. The change of use of a portion of the
southern section of Field No. 1391 to create a hoggin car park was also proposed
and the Committee noted that this field had historically been used as domestic
curtilage for an adjoining cottage. The widening of the existing vehicular access
would be achieved by rebuilding/re-aligning a section of the existing granite wall.
This negated the need to create a new access across Field No. 1391. In addition, a
ramped access would be provided from the central driveway area in front of the main
house (directly adjacent to the access) to provide vehicular access to the proposed
new car parking area. The creation of a pedestrian passing place measuring 2.5
metres would be achieved by cutting back a grass bank and ceding the land to the
public.
The Committee heard from the applicant, Mr. R.J. Rondel, who advised that the
scheme had been amended based on officer advice and was much improved as a
result. He reminded the Committee that there was considerable support for the
scheme from neighbours. Turning his attention to the proposed conditions set out
in the officer report, Mr. Rondel asked, if the Committee was minded to approve
the application, whether consideration could be given to permitting the widening of
the entrance prior to the commencement of other works on site. He also asked
whether the Committee would consider extending the life of the permit by 2 years,
taking it from 3 years to 5 years. Finally, Mr. Rondel queried the requirement for
the maintenance of a register of the names and addresses of all persons occupying
the self-catering units.
The Committee, having considered the application and all of the material planning
considerations, unanimously approved the application, subject to the imposition of
certain conditions detailed within the officer report. In doing so the Committee
agreed that works on widening the entrance could be commenced immediately and
that the conditions set out in the officer report should be amended to reflect this
decision. It was recognised that extending the life of the permit would not be
necessary as it would become ‘live’, and not time restricted, as soon as work
commenced on site. In addition, the applicant was assured that the register of names
and addresses of persons occupying the self-catering units merely aimed to ensure
that the units were not occupied on a permanent basis. This was a relatively new
requirement and allowed a level of control over occupancy. Whilst the applicant
would not be required to physically submit the register, it must be available to the
Department should access be requested. Finally, the Committee agreed that, rather
than creating a passing place to the north of the access and ceding this land to the
public via a Planning Obligation Agreement (POA), an additional condition should
be attached to the permit requiring the applicant to widen the entire section of the
footpath. Consequently, there would be no requirement for a POA.
In concluding the Chairman acknowledged the benefits which were derived when
applicants worked with the Department on schemes.
432
28th Meeting
01.06.2017
Cranworth
Apartments,
La Vallee des
Vaux, St.
Helier:
proposed
demolition and
redevelopment.
477/5/1(620)
P/2016/1350
A5. The Committee considered a report in connexion with an application which
proposed the demolition and redevelopment of Cranworth Apartments, La Vallee
des Vaux, St. Helier to provide 5 x 2 bedroom and 7 x 3 bedroom units of residential
accommodation with basement car parking and landscaping. The Committee had
visited the site on 30th May 2017.
A site plan, drawings and a model were displayed. The Committee noted that the
application site was located in the Built-Up Area, the Green Backdrop Zone and the
Green Zone. Policies SP1 - SP7, GD1, GD7, GD8, BE3, NE1, NE7, H4, H6, EVE1
and H10, TT4, LWM2, LWM3 and WM1 of the 2011 Island Plan were relevant to
the application.
The Committee was advised that the application site comprised a building set back
from the road frontage behind a high roadside wall. The building had been
significantly altered to provide 9 units of accommodation. An outbuilding located to
the south-west corner of the site had also been converted to provide a residential
unit. A courtyard area located to the rear was used for car parking and an amenity
area had been created at a higher level to the west on the escarpment slopes. The
retaining walls of the courtyard and amenity area were a dominant internal feature
of the site. The immediate character of the area was residential. Cranworth and its
curtilage were part of a ribbon of buildings stretching along the western edge of
Vallee des Vaux, which extended westwards to make the best use of the available
space below the escarpment. The scheme proposed the demolition of the existing
building and its replacement with a new 2 storey building fronting the roadside with
a roof terrace. The proposed new building would be set at a lower level than the
existing building, except in the area adjoining the property known as The Spinney,
to the south, where it would be taller. The proposed new building was lower in height
than both the Spinney Apartments to the south and Cranworth Court to the north. To
the west, the building would be 3 storeys high and had been located as far west as
was possible to maximise the courtyard area, in accordance with the requirements
of the Jersey Architecture Commission, which body had assessed the scheme. The
context of the area was strong linear 2 or 3 storey buildings set either side of the road
and the proposed new buildings had been designed in a similar manner and would
contain a combination of rendered walls and aluminium framed windows. The
scheme was considered to provide an acceptable re-development with a mix of new
residential units within this sustainable location in St Helier. The scheme complied
with the relevant Island Plan policy context and was, therefore, recommended for
approval, subject to the imposition of certain conditions detailed within the officer
report.
5 letters of representation had been received in connexion with the application.
The Committee heard from Ms. S. Crick of No. 1 Cranworth Court, who represented
a number of residents of Cranworth Court and the property known as The Farm. Ms.
Crick advised that the main concerns related to –
the proposals to develop in the Green Zone and to construct a unit on
what was currently amenity space;
the loss of natural light – it did not appear that a sun study, which had
been requested, had been undertaken;
the impact arising from the scale of the proposed development;
the accuracy of the model;
the vantage point from which some of the photographs submitted by
the applicant had been taken (it was believed that the images did not
provide a true picture of the impact on privacy);
28th Meeting
01.06.17
433
the increase in occupancy;
prejudice to privacy arising from the projection of unit Nos. 4 and 5 on the
roadside block (contrary to statements in the Department’s report, it was
believed that the balconies would protrude well beyond the end of Cranworth
Court);
noise from the proposed roof gardens;
the lack of consultation with residents of neighbouring properties;
the location of the bin store and odours from the same;
the practicality of the arrangements for refuse collection;
the intensification of traffic and the impact on road safety; and,
whether adequate visibility splays could be achieved.
Ms. Crick concluded by requesting that the applicant be required to enter into
consultation with residents on the scheme prior to its determination.
The Committee heard from Mr. P. Gardiner of the property known as Witsend, who
advised that his property shared a common boundary with the application site. Mr.
Gardener concurred with much of what Ms. Crick had said and added that he too
believed that the proposed scheme would result in the overdevelopment of the site.
He also expressed concern about the impact of the development on the Green
Backdrop Zone.
The Committee heard from the applicant’s agent, Mr. J. Carney, who advised that
the application had been submitted in the Autumn of 2016 and there had been
extensive consultation with the Department on the scheme. Responses to all
representations had also been submitted. It was noted that the applicant had
originally wished to construct more units on the site but the scheme had
subsequently been revised. The design of each unit was subtly different and each
had been designed with the lifetime homes design criteria in mind. This criteria was
used as a model for building accessible and adaptable homes. A large secure private
courtyard was proposed, as suggested by the Architecture commission and the rear
units had been moved south and the front units moved forward to achieve this. This
had resulted in proposed unit Nos. 11 and 12 ‘kissing’ a very small part of the Green
Zone, which currently formed part of the domestic curtilage of the property.
Vegetation in this area was very dense at present. Mr. Carney suggested that if the
rooftop gardens were considered to be problematic, these could be omitted. He
pointed out that the proposed new development would be much more energy
efficient than the existing development, in accordance with Policy SP2.
In response to concerns regarding the accuracy of the model, Mr. Carney stated that
he believed it to be ‘a fair reflection of what was shown on the submitted drawings’.
Mr. Carney acknowledged that the balcony on Unit No. 6 would extend beyond
Cranworth Court and he stated variously that this could be pulled back, removed
completely or the screening extended. There was absolutely no desire for the
development to have a negative effect on neighbouring properties. The refuse store
had been relocated following consultation with the Parish of St. Helier and Mr.
Carney pointed out that the sites were separated by a wall and that planting was
proposed. The refuse store would be roofed over and mechanically ventilated. Mr.
Carney believed that it would be possible for a refuse vehicle to stop on a sloping
ramp leading into the basement car park without impeding residents’ access. An
illustration showing a lorry parked on the road had been submitted to specifically
demonstrate why off road car parking was required. In response to a question from
a member regarding the size of the ground floor w.c. and whether it was wide
enough for a wheelchair user, Mr. Carney stated that it was ‘ambulant compliant’.
In response to concerns regarding overlooking, Mr. Carney stated that the units had
been designed so that they looked up the cotil and were orientated away from the
road. It was possible to remove 2 small obscure glazed windows if this was
434
28th Meeting
01.06.2017
considered helpful in the context of privacy. Finally, Mr. Carney did not believe
that the submission of a sun path analysis had been ‘flagged up to the extent that it
was an actual requirement’. In any case, he was convinced that loss of light would
not be an issue and suggested that only the courtyard of the new building would be
affected. There had been no concerns regarding visibility from the Parish and the
visibility splays proposed were appropriate for a road with a speed limit of 30 miles
per hour, albeit that the speed limit was 15 miles per hour on La Vallee des Vaux.
The Committee, having considered the application, unanimously refused
permission, contrary to the officer recommendation, on the grounds of
overdevelopment and the resultant impact on neighbouring properties. The
Committee was particularly concerned about the overbearing impact of proposed
unit No. 6; the prospect of development in the Green Zone; and, the adverse effect
on the Green Backdrop Zone and the wider area. The Committee was not convinced
that the homes had been designed with the Lifelong Homes criteria in mind and some
members expressed disappointment with the design and the level of car parking
proposed. It was noted that the application would be re-presented at the next meeting
on 29th June 2017, for the purpose of formally setting out the reasons for refusal.
La Fougere, Le
Mont de Rozel,
St. Martin:
proposed
demolition and
redevelopment.
477/5/2(746)
P/2016/1230
A6. The Committee, with reference to its Minute No. A7 of 8th December 2016,
considered a report in connexion with an application which proposed the demolition
of the property known as La Fougere, Le Mont de Rozel, St. Martin and its
replacement with a new 2 bedroom dwelling. It was also proposed to alter the
vehicular access on to Le Mont de Rozel and connect to the main foul sewer network.
The Committee had visited the site on 30th May 2016.
Deputy S.M. Wickenden of St. Helier did not participate in the determination of this
application.
A site plan and drawings were displayed. The Committee noted that the application
site was located in the Coastal National Park and that Policies GD1, GD7, NE4, NE6
and LWM2 of the 2011 Island Plan were relevant to the application.
The Committee recalled that it had refused permission for a previous scheme on the
basis that it had been concerned about the apparent scale, visual impact and
prominence of the proposed new dwelling in this sensitive location, particularly
when looking back from Rozel harbour. Whilst members had not been opposed to
the demolition of the existing dwelling, the proposed design of the new dwelling or
the use of glazing, it had been considered that the scheme would have been harmful
to the landscape character because of its perceived increased impact from distant
public vantage points.
It was noted that the applicants had sought to address the Committee’s concerns by
revising the scheme. The principle change was a re-designed roof profile. Whereas
previously a pair of mono-pitched roofs had been proposed, the current scheme
showed a shallow hipped roof with overhanging eaves. This represented a more
conventional approach, albeit that the overall design of the house remained distinctly
contemporary. It was considered that the lowering of the eaves level assisted in
helping the scheme to ‘settle-in’ to the site to a greater extent than before. Other
alterations included a reduction in the extent of glazing to the north (seaward) façade,
and a change in the external materials, omitting the white render, and replacing it
with additional timber cladding, offering a more muted and natural appearance.
Finally, the north façade of the dwelling had been squared-off where previously this
had incorporated an angled projection.
28th Meeting
01.06.17
435
The Committee recalled that La Fougere was located on the seaward side of Le Mont
de Rozel, a short distance from Rozel Harbour. The application site included a
substantial area of land which dropped down from the road towards the sea to the
north. The existing building was a rather dated and architecturally undistinguished
1960’s property. There were numerous problems with the structure and fabric of the
building. The application proposed its demolition and replacement with a new
contemporary dwelling of a similar scale and constructed on broadly the same
footprint. The overall ridge height of the new dwelling would be approximately the
same as the existing house, although it would be slightly lower overall when the
height of the existing chimney was taken into account. Glass, hardwood timber
cladding and stone-slip cladding were proposed and these particular materials were
considered to be appropriate given the site’s coastal location. It was believed that
the palette of materials chosen would help the scheme to blend in with the
surrounding natural environment more successfully than the existing building. In the
department’s view, the architectural design was highly accomplished and would
result in an elegant, contemporary new dwelling.
The site was located within the Coastal National Park, wherein there was a strong
presumption against new development. However, Policy NE6 allowed for the
replacement of existing dwellings. It was acknowledged that the new building would
be slightly larger than the existing dwelling (mainly on account of the relocated and
enlarged double garage). Whilst this meant that the scheme was not strictly in
accordance with Policy NE6, the overall landscape impact of the new dwelling
would be no greater than at present, and redevelopment of the site offered a range of
additional benefits, including significant architectural improvement and
environmental performance; an improved relationship with the immediate
neighbour; connection to mains drains and improvements to highway safety arising
from the proposed alterations to the vehicular access. Accordingly, the increase in
size was considered to be justified, although it was recommended that, if permission
was granted, Permitted Development rights be restricted in order to prevent any
further extension within this sensitive zone. The application was recommended for
approval on this basis, subject to the imposition of certain conditions detailed within
the officer report.
No objections had been received in connexion with the application. 2 letters of
support had been received after the publication of the agenda and these had been
sent to members under separate cover.
The Committee heard from the applicant’s agent, Mr. C. Dunne, who advised that it
was believed that the re-design of the roof and the replacement of render with timber
would reduce the impact of the development.
The Committee, having considered the application, accordingly approved the same,
subject to the imposition of certain conditions detailed within the officer report.
La Pepiniere
Farm, La Rue
de Crabbé, St.
Mary:
proposed
replacement of
agricultural
shed.
477/5/3(744)
P/2017/0275
A7. The Committee, with reference to its Minute No. A5 of 22nd September 2016,
considered a report in connexion with an application which proposed the
replacement of an existing agricultural shed with a new agricultural shed at La
Pepiniere Farm, La Rue de Crabbé, St. Mary. It was proposed to retain the existing
foundations and blockwork walls. The Committee had visited the application site on
30th May 2017.
Connétable J. Gallichan of St. Mary, Chairman did not participate in the
determination of this application. Connétable P.B. Le Sueur of Trinity, Vice-
Chairman acted as Chairman for the duration of this item.
436
28th Meeting
01.06.2017
A site plan and drawings were displayed. The Committee noted that the application
site was located in the Green Zone and Policies, NE7, GD1 and 7 of the 2011 Island
Plan were of particular relevance.
The Committee recalled that La Pepiniere was a former dairy farm located in rural
St Mary, largely surrounded by open agricultural land. The case officer advised that
the site had been redundant to the dairy industry for a number of years since the
previous owner had disposed of his dairy herd as part of a States of Jersey initiative
to reduce levels of milk production in the Island.
The Committee noted that the site contained a series of agricultural barns and other
structures, together with two residential dwellings (the main house and an
agricultural worker’s dwelling). The application site also included the two northern-
most barns. Vehicular access was from the north onto Rue des Touettes.
The Committee was informed that, since the farm had come out of the agricultural
industry, there had been three unsuccessful applications to redevelop the site for
housing. In addition, the Committee had been minded to refuse an application which
had been submitted by the Jersey Society for the Prevention of Cruelty to Animals
(JSPCA) for the change the use of the site to create a new dog kennelling facility.
Prior to the formal decision confirmation process, the JSPCA had taken the decision
to withdraw the application.
The current application related to the southern part of La Pepiniere Farm;
specifically the southern-most agricultural barn/shed on the site. The application
proposed the partial demolition and rebuilding of this shed. The applicant was a bona
fide agriculturalist and the proposed new shed would continue to be used primarily
for the keeping of farm animals. The applicant had sought professional advice in
respect of the structural condition of the existing shed and had been advised that
parts of the structure required removal. The intention was to replace these elements
with a new structure which would be built to modern standards. The existing
foundations and external blockwork walls would be retained and re-used and the
new shed would occupy the same footprint as the existing shed. It would be re-built
to broadly the same size and scale, albeit with a slight increase in height of around
750 millimetres along one roof plane. Externally, the shed would be re-clad in a
composite profiled panel (similar to that which existed).
The Committee’s attention was drawn to the objections which had been received (10
in total). The primary concern appeared to be that the use of the site might intensify
in time, or that there might be a change of use. It was noted that references to a
change of use within the submitted application documentation were erroneous and
had led to a misunderstanding.
The Department did not consider that the application would unreasonably harm
neighbouring amenities and was in accordance with the relevant Island Plan Policies,
in particular, the Green Zone Policy NE7. Consequently, the application was
recommended for approval, subject to the imposition of certain conditions detailed
within the officer report.
The Committee heard from Mr. J. Drew, who owned land on the northern side of
Rue des Touettes. Mr. Drew advised that he was an honorary policy officer with
considerable traffic duty experience.
Mr. Drew confirmed that whilst he had read the report prepared by the Department
and had noted that no change of use or intensification of use was proposed, this was
at odds with information presented to parishioners previously which related to the
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437
creation of a ‘therapeutic care farm’ on the site. He sought clarification on this issue.
In response, the Director, Development Control advised that although the
Department had been made aware of proposals for a care farm on the site, this did
not form part of the application under consideration. The application before the
Committee proposed the partial re-building of an existing agricultural building. It
was Mr. Drew’s understanding that it was still intended to establish a therapeutic
care farm facility on the site and he believed that some work had commenced in
this connexion. Mr. Drew asked the Committee to look at the images of the southern
elevation of the shed which he stated could not, by any stretch of the imagination,
be considered to look like a normal agricultural barn. He contended that the
structure looked more like a residential building. In concluding, Mr. Drew reminded
the Committee that, during its consideration of the JSPCA application, members
had indicated that a holistic approach to development proposals for the site was
preferable to a piecemeal approach. He argued that the current application should
not, therefore, be considered in insolation.
The Committee heard from Connétable J. Gallichan of St. Mary, Chairman, who
referred the Committee to a written representation she had made on behalf of the
Parish of St. Mary. She stated that concerns existed around intensification of use
and the impact on the Green Lane network. The Connétable asked whether it was
intended to lease storage on the site or whether this would be used solely by the
applicant. Whilst she had not been present during the Committee’s determination
of the JSPCA application, the Connétable also understood that it had been implied
that proposals for the site should be considered as a whole. The Connetable
concurred with Mr. Drew’s view that the structure did not appear to look like an
agricultural shed.
The Committee heard from Ms. S. Heppolette, who was also concerned about traffic
intensification and the impact on the surrounding road network. Ms. Heppolette
also believed that the application should not be determined in isolation of proposals
for the remainder of the site.
The Committee heard from the applicant’s agent, Mr. E. Smith, who advised that
references to a change of use in the submitted application documentation were
erroneous and had occurred as a result of an administrative oversight. He too
believed that any future proposals from the JSPCA and the therapeutic care farm
scheme should be considered in tandem. However, the current application merely
proposed the partial re-building of an existing agricultural shed. Whilst it was
accepted that there would be more windows than was usual in an agricultural shed,
this was a deliberate attempt to make the building more aesthetically pleasing. Mr.
Smith stated that some windows could be removed if the Committee felt this was
necessary. The scheme would not result in an increase in traffic and there would be
no workers travelling to and from the site. The mezzanine storage level would be
used solely by the applicant.
Having considered the application, the Committee approved the same, subject to
the imposition of the conditions set out in the officer report. There was some
discussion around the possibility of attaching an additional condition to the permit
preventing the sub-letting of the shed. However, based on advice received from the
Director, Development Control, the Committee decided against this.
The Beach
House Bar and
Restaurant, Le
Mont du
Ouaisné, St.
Brelade:
A8. The Committee, with reference to Minute No. A11 of 21st May 2015, of the
former Planning Applications Committee, considered a report in connexion with an
application which proposed various alterations to the approved scheme for the
demolition of the Beach House Bar and Restaurant, Le Mont du Ouaisné, St. Brelade
and its replacement with a new dwelling. The Committee had visited the site on 30th
May 2017.
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demolition of
restaurant and
construction of
replacement
dwelling
(revised plans).
477/5/3 (880)
P/2017/0318
A site plan and drawings were displayed. The Panel recalled that the application site
was located within the Costal National Park and that Policies NE6, GD1, GD7 and
E1 of the 2011 Island Plan were relevant.
The Committee recalled that in 2013, the former Planning Applications Panel had
granted permission for the demolition of the existing restaurant and its replacement
with a dwelling with basement car parking. The approved dwelling was to be built
on broadly the same footprint as the existing restaurant, albeit with an additional
storey of accommodation. A subsequent application in 2015, had proposed a number
of alterations to the approved scheme, including rotating the footprint in order to
improve the outlook, reconfiguring the internal space and corresponding
amendments to the external elevations and increasing the internal floor area and
height (by less than half a metre). The former Planning Applications Committee had
refused this application on the grounds of concerns regarding the proposed increase
in habitable floor space in the Coastal National Park and the increase in the height
of the building in this sensitive location.
The current scheme sought to address the concerns raised in relation to the 2015
scheme and proposed a number of alterations to the approved scheme, including
rotating the building’s footprint in order to improve its coastal outlook,
reconfiguring the internal space and corresponding amendments to the external
elevations. Whilst there would still be some increase in the overall floor area, this
increase was now confined to the basement car park where the intention was to
incorporate those areas which would otherwise have formed a void between the
basement wall (as approved) and the back of the sea wall. There were no external
visual implications arising from this particular change and there would be no
increase in floor area across the two upper levels of the dwelling (taken together)
and the height of the dwelling would remain as approved. In the Department’s view,
the changes proposed were proportionate when compared with the approved scheme.
They would not lead to any increase in perceived scale and mass, or result in any
greater level of landscape impact, beyond that of the approved scheme. Further, there
would be no increase in occupancy. The Department did not believe that the
proposed alterations would unreasonably harm neighbouring amenities and,
compared with the approved scheme, the effect would be neutral. Consequently, the
application was recommended for approval, subject to the imposition of certain
conditions detailed within the officer report.
14 letters of representation had been received in connexion with the application.
The Committee heard from Mrs. R. Curzon, who advised that whilst she had no
objection to the scheme approved in 2013, she had considered the 2015 scheme to
be too large. She referred to what she believed was a public right of way between
the sea wall and the application site and asked if public access would be maintained.
She was also concerned about the impact the construction of the underground
garage might have on the sea wall. In response to the former, the Director,
Development Control pointed out that the area Mrs. Curzon referred to appeared to
have been partially built over. In any event, it was for the landowner to address this
issue.
The Committee heard from the applicant, Ms. M. Thompson and her agent, Mr. A.
Morris. Mr. Morris advised that his client had recently purchased the site and, on
reviewing the approved drawings, wished to make amendments to the scheme.
Concerns regarding the scheme which had been refused in 2015 were understood.
The current scheme proposing ‘twisting’ the building, ‘tweaking’ the elevations and
taking advantage of the void area in the basement. Every effort had made to ensure
that a good relationship with adjoining properties was achieved and that there was
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439
no prejudice to privacy. In terms of impact on the landscape character, there would
be very little difference between the approved and the proposed scheme. With
regard to the question of a public right of way through the site, it was noted that
whilst there was a gate at the top and the path had been used by members of the
public in the past, there was no formal right of way. The States of Jersey had been
consulted with regard to building up against the sea wall and it was noted that there
would be no relief or offset towards the boundary. In terms of the encroachment on
parish land by the previous owner, the Parish of St. Brelade had agreed that the
applicant should enter into a Deed of Arrangement with the Parish to clarify and
define the boundary.
Ms. Thompson added that the cost of the project was likely to be in the region of
£7 - £8 million so it was certainly not in her interests for any damage to occur to
the sea wall.
Having considered the application, the Committee accordingly approved the same,
subject to the imposition of certain conditions detailed within the officer report.
Field No. 287,
La Rue de la
Commune, St.
Peter:
proposed
residential care
home/
alterations to
access.
477/5/3(387)
PP/2017/0048
A9. The Committee received a report in connexion with an outline planning
application which had been refused by the Department under delegated authority
and which sought permission for the construction of a 20 unit residential care home
on Field No. 287, La Rue de la Commune, St. Peter. The Committee had visited the
site on 30th May 2017.
A site plan and drawings were displayed. The Committee noted that the application
site was situated in the Green Zone and that Policies SP1, SP4, GD1, GD7, GD8,
NE7, ERE1, SCO2, LWM2 and LWM3 of the 2011 Island Plan were of particular
relevance.
The Committee noted that the application site was a 1.3 vergée agricultural field
which formed part of the Green Zone. The site sat alongside Lakeside care home
and was a short distance from the airport. Previous attempts to redevelop the site, or
have it re-zoned, had been unsuccessful.
The current application proposed the construction of a 2-storey care home within the
field and had been refused on the grounds that the construction of a significant new
care home development on what was presently an undeveloped greenfield site within
the Green Zone was contrary to the strategic aims and objectives of the 2011 Island
Plan. The application failed to satisfy the requirements of Policies SP1, NE7 and
SCO2. The applicant company believed that there was a very real and urgent need
for this type of development and was asking the Committee to make an exception to
the Green Zone Policy to permit the scheme. The Department took no view on the
need for the type of facility proposed but was concerned with the principle of a
development of this nature in the Green Zone. Policy SCO2 (Healthcare facilities)
stated that new healthcare facilities should be developed either within the Built-Up
Area or within the grounds of existing healthcare facilities. Where proposals related
to sites outside of these areas then it must first be demonstrated that there were no
other suitable sites within the grounds of existing healthcare facilities or in the Built-
up Area. Thereafter, the proposed development site would have to be re-zoned for
the intended purpose.
It was recommended that the Committee maintain refusal of the application.
One letter of objection and 2 letters of support had been received in connexion with
the application.
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The Committee heard from the applicant’s agent, Mrs. S. Steedman and a
representative of L.V. Group Limited, which company would manage and operate
the proposed facility. The Committee was advised that there was an urgent need for
nursing home beds and demand was highly likely to continue well into the future as
life expectancy increased together with long term care needs.
Mrs. Steedman advised that dementia was now the most common cause of death
and it was well known that risk increased with age. In addition to the medical costs
associated with the disease, the societal costs were also great. There was an urgent
need for more nursing beds in the Island and Mrs. Steedman referred to a letter from
the Minister for Health and Social Services in which he had stated that dementia
nursing facilities were currently full to capacity and the need to increase the number
of nursing beds was urgent. Improving care for older adults was a key strategic
priority, as outlined in P.82/2012 – ‘Health and Social Services: A new way
forward’. Whilst it was accepted that the proposals were contrary to the Green Zone
Policy presumption, given the need for nursing beds and the fact that a care provider
was prepared to operate the new facility, Mrs. Steedman felt that sufficient
justification existed for making an exception to policy. She added that the strategic
policies of the Island Plan had been formulated in 2011, and the situation had
changed considerably since then. The application site was well screened from
public view and the new care home would be adjacent to an existing medical
facility. Mrs. Steedman did not believe that the application site was in what could
be described as a sensitive location. She urged the Committee to approve the
application.
The Committee expressed the view that whilst the need for facilities such as that
proposed was not disputed, the application site was an undeveloped greenfield site
situated in the Green Zone. Consequently, the application was clearly contrary to the
Green Zone Policy. The Committee was also mindful of the provisions of Policy
SCO2 (Healthcare facilities) and the need to demonstrate that there were no other
suitable sites in the Built-up Area. The Committee concluded that the application
could not be supported on policy grounds and maintained refusal for all of the
reasons set out above.
Rozel
Camping site,
La Route de
Rozel, St.
Martin (RFR):
proposed staff
accommodat-
ion.
477/5/2(760)
P/2017/0076
A10. The Committee received a report in connexion with an application which had
been refused by the Department under delegated authority and which sought
permission for the construction of one 3 bedroom staff accommodation unit at Rozel
Camping site, La Route de Rozel, St. Martin. The Committee had visited the site on
30th May 2017.
A site plan and drawings were displayed. The Committee noted that the application
site was situated in the Green Zone and that Policies SP1, SP4, SP5, SP7 GD1, GD7,
NE7 and H9 of the 2011 Island Plan were of particular relevance.
The Committee was advised that the application site formed part of the wider land
holding of Rozel Camp Site. The area in question was located at the eastern end of
a cluster of buildings, directly alongside a large portal-framed shed which was used
commercially as part of the camp site. The land was currently undeveloped and
comprised an allotment and a glasshouse. The Department had provided pre-
application advice on the principle of development and had indicated that an
additional unit of accommodation associated with the management of the campsite
could be justified. However, the scheme which had been tabled for consideration at
the pre-application stage had been far more modest in scale than the scheme which
had subsequently been submitted. The submitted scheme was substantially larger,
with a significantly greater landscape impact than had been envisaged. Moreover, a
28th Meeting
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441
substantial residential curtilage was also to be established. The applicants had
explained that the new dwelling had been designed to accommodate the needs of
their wider family. Whilst the personal circumstances of the family were
acknowledged, the Department took the view that the size of the scheme was
difficult to justify on the grounds of the operational needs of the business – which
was the policy test (Policy H9 in conjunction with Policy NE7). It was considered
that the proposed dwelling would have an unreasonable impact on the rural character
of the area and it was felt that the design could be improved. Consequently, the
application had been refused on the grounds that it was contrary to Policies SP4,
GD1, NE7 and H 9 of the 2011 Island Plan. It was recommended that the Committee
maintain refusal of the application.
2 representations had been received in connexion with the application. An additional
6 representations had been received after the publication of the agenda and members
had received these under separate cover.
The Committee heard from the applicants, Mrs. P. Toudic and her father, Mr. D.
Germain, their agent, Mrs. S. Steedman and a representative of Visit Jersey.
The Committee was advised that Visit Jersey was very supportive of this family run
camp site. The proposed new dwelling was necessary to meet the operational needs
of the business. The camp site was currently very successful but had almost closed
a decade ago. With hard work and investment the site was now flourishing and had
received over 3,000 visitors for the third year running in 2016. The key ingredient
was personal service and the camp site was the only one in the Channel Islands to
have obtained prestigious Gold Pennants from the AA for 2 years running. Mrs.
Toudic and Mr. Germain each had different roles in the running of the camp site and
this meant that they both had to be on the camp site at the same time. From May to
September the camp site was extremely busy and both Mr. Germain and Mrs. Toudic
worked long hours. It was intended that Mrs. Toudic and her family would move
into the property currently occupied by her parents, Mr. and Mrs. Germain, who
would, in turn, move into the proposed new dwelling.
The Committee heard from Mrs Toudic who, together with her father, Mr. Germain,
ran the campsite. She stressed just how essential it was for her to live on site. In
recent years the camp site had become very successful and significant investment
had been made in the facilities. Many Jersey businesses benefitted from the
operation of the camp site, with guests visiting local attractions and produce and
plants being purchased locally. Mrs. Toudic advised that she and her husband had a
young family and living off site presented major logistical difficulties. Mrs Toudic’s
husband’s job involved a considerable amount of travelling so she had limited child
care support when he was away. It was not possible for one person to work on the
camp site on their own during the busiest periods. Whilst Mr. Germain had no
intention of retiring at present, the family wished to ‘future proof’ the business for
when that time did come. The Committee was advised that the height of the proposed
new dwelling could be reduced and trees planted to provide additional screening if
necessary. Mrs. Toudic concluded by stating that if permission was not granted the
family would seriously have to consider the future of the business. She urged the
Committee to grant permission.
The Committee heard from Mr. Germain, who explained what his duties at the camp
site involved. It was not uncommon for 30 – 35 families to arrive at the same time
and Mr. Germain’s day often started at 6.00 am and did not finish until 10.00 pm.
The camp site was very popular and this was borne out by repeat business and
positive reviews on Trip Advisor. The applicants had looked at the possibility of
using other areas/buildings on the camp site for the purpose of building a new
dwelling but all of the existing structures were essential to the operation of the
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business. The proposed new dwelling had been designed with the family’s specific
needs in mind. Mr. Germain stated that, together with his brother, he had started the
business 43 years ago and he expressed just how disappointed he would be if the
camp site ceased to operate. He spoke most passionately and with a great deal of
emotion about just how much the business meant to the family.
The Committee heard from Mrs. Steedman, who referred the Committee to Policies
H9 and NE7 and the tests set out therein. She reminded the Committee that the
application was supported by the Economic Development, Tourism, Sport and
Culture Department, Jersey Business and Visit Jersey. It was not possible to
construct the proposed new dwelling in the Built-Up Area and all of the existing
buildings on the site had been considered – some were not wholly owned by
applicant. The proposed dwelling would be located at the end of the existing building
group and would be set well back from road. The proposed dwelling was no larger
than the existing house and was smaller than some other dwellings which had been
approved in the vicinity. Mrs. Steedman explained that scheme considered at the
pre-application stage did not meet the specific needs of the family. The proposed
new dwelling would complement the landscape character and the scheme also
proposed landscape improvements. Mrs. Steedman did not believe that serious harm
to the landscape would arise as a result of the proposed development. She concluded
by stating that there was a real chance that if permission was not granted the camp
site would close.
The Committee congratulated the applicants on the operation of what was obviously
a successful business which was an excellent addition to the tourism offering. In
terms of the application itself, the Committee, with the exception of Deputy S. M.
Wickenden of St. Helier, concluded that it could not support the scheme as
presented. Consequently, the application was refused for all of the reasons set out
above. In arriving at this decision the Committee urged the applicants to work with
the Department on alternative proposals.
No. 4 Augres
Farm, La Rue
du Moulin de
Bas, Trinity:
proposed
construction of
conservatory
(RFR).
477/5/2(51)
P/2016/0923
A11. The Committee received a report in connexion with an application which had
been refused by the Department under delegated authority and which sought
permission for the construction of a timber conservatory to the south west elevation
of No. 4 Augres Farm, La Rue du Moulin de Bas, Trinity. The Committee had visited
the site on 30th May 2017.
Connétable P.B. Le Sueur of Trinity, Vice-Chairman did not participate in the
determination of this application.
A site plan and drawings were displayed. The Committee noted that the application
site was situated in the Green Zone and was a Potential Grade 2 Listed Building.
Policies GD1, GD7, NE7 and HE1 of the 2011 Island Plan were of particular
relevance.
The Committee noted that the above application had been refused on the grounds
that the proposed conservatory was not considered to be in keeping with the
property, which was a converted barn. The Committee was advised that an
‘orangery’ style structure with a solid roof was proposed. It was recommended that
the Committee maintain refusal of the application.
On a related matter, the Committee was informed that a delay in bringing the
application before the Committee had occurred as a result of a dispute with regard
to the Listing of the building, which process was in train at the same time as the
application had been refused. The Committee was advised that, on 25th April 2017,
Augres Farm as a whole had been designated a Grade 2 Listed Building. Whilst
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443
individual dwellings had been created by converting the barn, the historic farm group
remained. It was possible that the Grade 2 Listing could have resulted from the
existence of the ‘very complete 3-cell house circa. 1400 with 17th century wing’.
However, Jersey Heritage Trust remained of the view that the special interest of the
collective historic farm group should be treated as one entity and the new Listing
schedule acknowledged the lack of interior interest in the case of the converted
outbuildings. Furthermore, it was confirmed that the Department would have
reached the same conclusion with regard to the application had the building been
Listed at Grade 4. It was recommended that the Committee maintain refusal of the
application.
The Committee heard from Ms. T. Ingle, Principal Historic Environment Officer
who confirmed that whilst the outbuildings had been converted and their value was
in the external appearance and the contribution to the historic farm group, the
proposed conservatory was not considered to be in keeping or appropriate from a
heritage perspective.
The Committee heard from the applicant’s agent, Mr. A. Gibb, who made reference
to the decision to List the entire group at Grade 2 as opposed to Listing the principal
dwelling at Grade 2 and the converted outbuildings at Grade 4. He believed that a
Grade 4 Listing was more appropriate for the converted barn. The scheme proposed
the construction of a modest extension which would be tucked behind a wall. He
argued that the proposed conservatory would not affect the characteristics of
building at all and he felt that the refusal of the application was illogical.
In response to Mr. Gibb’s comments regarding the decision by Jersey Heritage Trust
to List the entire group at Grade 2, Ms. Ingle stated that this was not an unusual
response and the schedule made it clear that only the external appearance of the
outbuildings was included in the Listing.
The Committee, having considered the application, concluded that whilst some form
of extension to the building was possible, more thought had to be given to the
context. Consequently, the application was refused for the reasons set out above.
Mont au Sol,
La Grande
Route des
Mielles, St.
Ouen:
proposed
extension
(RFR).
477/5/3(604)
RP/2016/1544
A12. The Committee received a report in connexion with an application which had
been refused by the Department under delegated authority and which sought
permission for the raising of the roof to create additional habitable space at the
property known as Mont au Sol, La Grande Route des Mielles, St. Ouen. 6 roof-
lights were also proposed together with a balcony to the south-west and north-west
elevations. The Committee had visited the site on 30th May 2017.
A site plan and drawings were displayed. The Committee noted that the application
site was situated in the Coastal National Park and that Policies NE6, GD1 and GD7
of the 2011 Island Plan were of particular relevance.
The Committee noted that Mont au Sol was a low-lying split level property
occupying a roadside plot on La Grande Route des Mielles, within the designated
Coastal National Park (CNP). The application sought permission for the construction
of a reconfigured, raised roof structure with 6 roof lights and a balcony to the south-
west and north-west elevations. The Committee noted that the proposed scheme
sought to revise a scheme approved in July 2009, wherein permission had been
granted to alter and extend the property to the south west and north west to provide
additional accommodation incidental to the existing dwelling house.
It was acknowledged that Policy NE6 did not set an absolute moratorium against
development and the Island Plan recognised the need to provide for the reasonable
expectations of residents in the CNP to improve their homes. However, Policy NE6
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did seek to manage those expectations within what was a fragile environment. The
extension of a dwelling would only be permitted where proposals demonstrated
compliance with the key policy criteria, which focused upon issues of scale, design
and impact upon the landscape character. The works permitted to date were
considered to be subservient in nature to both the site and the landscape. By contrast,
the proposed development, by virtue of the resultant increase in the scale and
massing of the reconfigured roof form, fundamentally changed the characteristics of
the existing dwelling to create a visually dominant built form which would sit
prominently within the open coastal plain. With this failure to adopt a subservient
relationship to the existing building; the inappropriate design relative to the existing
building and its context; and, the perceived sense of harm to landscape character, it
had been concluded that the proposals did not satisfy the CNP Policy, nor deliver
the required standard of design as set out under policies GD1 and GD7.
Consequently, the application had been refused on these grounds. It was
recommended that the Committee maintain refusal.
The Committee heard from the applicant, Mr. N. Walsh and his agent, Mr. I. Alder.
Mr. Alder stated that the proposed development was considered to be reasonable and
suitable in this context. It was noted that since purchasing the property Mr. Walsh
had reviewed the approved scheme and wished to make some amendments. It was
intended to use natural slate on the roof, which Mr. Alder stated necessitated a
steeper pitch (this assertion was challenged by the Vice Chairman). This steeper
pitch would make for a more useable roof space so it was intended to relocate some
of the bedrooms to the roof area. The scheme had been discussed with the
Department and it had been understood that there were no issues with the design
approach. The floor area of the approved scheme was 387 square metres compared
with 433 square metres on the proposed scheme; representing a 12 per cent increase
in floor area. The existing roof pitch was approximately 24 degrees and the proposed
roof pitch would be 35 degrees. There would be no increase in occupancy.
Mr. Walsh advised that when he had purchased the house the low lying nature of the
property and the location had been very appealing. The family had not, therefore,
wished to add another storey to the house to achieve the space required. The house
had been redeveloped in the 1990s and Mr. Walsh saw this as an opportunity to make
further improvements whilst maintaining the low profile.
Having considered the application, the Committee concluded that it could not
support the scheme for all of the reasons set out above and, in particular, the impact
on the landscape and the CNP. Consequently, the application was refused.
Mevanna, La
Rue du Clos
Fallu, St.
Martin:
proposed
change of use
of commercial
storage
building.
(RFR)
477/5/2(761)
P/2016/1893
A13. The Committee received a report in connexion with an application which had
been refused by the Department under delegated authority and which sought
permission for the change of use of a commercial storage building at the property
known as Mevanna, La Rue du Clos Fallu, St. Martin. The Committee had visited
the site on 30th May 2017.
A site plan and drawings were displayed. The Committee noted that the application
site was situated in the Green Zone and that Policies NE7, GD1 and E1 of the 2011
Island Plan were of particular relevance.
The Committee was advised that permission had been granted in 1990 for the
construction of the storage building for the applicant’s gardening business. This
permission had been made personal to the applicant as the Committee of the day had
wished to control the extent of the activity. However, it was noted that the shed had
been leased to a car mechanic for more than 8 years and permission was now being
sought for a change of use from gardening storage to light industry. It was recognised
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445
that as the current tenant had been using the premises for over 8 years, enforcement
action could not be taken. However, the existing unauthorised use did not equate to
planning permission.
The Committee was advised that the car mechanic use was deemed to represent an
intensification of use and was not considered an appropriate and sustainable pattern
of development within the Green Zone. In addition, proposals for the change of use
of an employment building in the countryside were required to demonstrate a
specific requirement for a countryside location under the Green Zone policy. In this
particular case, it was considered that the nature of a car mechanic business bore no
relation to the countryside and its rural economy and would cause harm to the
character and quality of the countryside, contrary to Policy NE7. The storage shed
was also located in the midst of an established residential area and the proposed
change of use to a car mechanic business could result in noise, dust, traffic and other
general disturbance, which could have an adverse impact on the amenities of the
neighbouring residential uses, contrary to Policy GD1. It was recommended that the
Committee maintain refusal of the application.
In response to a question from the Vice Chairman regarding what uses could be
defined as light industrial, the Director, Development Control advised that light
industrial uses in a residential area must be capable of being absorbed into that area
without causing complaint.
One letter of objection had been received during the application period. Subsequent
to the refusal of permission, 2 further letters of objection had also been received, one
from an individual, and another one signed by 7 residents of North Lynn Farm, a
residential estate located to the north east of the shed which shared a communal
driveway with Mevanna.
The Committee heard from Mrs. S. Overland, who stated that whilst neighbours had
objected to the application, there was no desire to make life difficult for the
applicants. However, Mrs. Overland advised that neighbours were concerned that
the proposed change of use could compromise their enjoyment of their homes.
The Committee heard from the applicants, Mr. and Mrs. M. Richardson, who
advised that the current tenant had operated from the shed for the past 8 years
without incident. It was suggested that the term ‘light industry’ was far too broad
and that it might have been more appropriate to seek a change of use to a
workshop/storage facility. However, the case officer confirmed that a car mechanic
use would not fall into this category due to its propensity to cause harm. Mrs.
Richardson felt that concerns from neighbours had arisen as a result of the couple’s
recent decision to sell their property. She explained that the prospective purchaser
owned a small business which he hoped to operate from the site. Mrs. Richardson
concluded by stating that the shed and the property were tied by a corpus fundi
condition. The Director, Development Control advised that the Department was
unable to enforce corpus fundi conditions.
Having considered the application, the Committee, with the exception of Connétable
P.B. Le Sueur of Trinity, Vice-Chairman and Deputy S.M. Wickenden of St. Helier,
felt unable to support the application for the reasons set out above. Consequently,
the application was refused.
Samares
Nurseries, La
Grande Route
de St. Clement:
proposed
A14. The Committee, with reference to its Minute No. A14 of 27th April 2017,
considered a report in connexion with an application which proposed the demolition
of the property known as Cefn and the creation of a residential development on the
Samares Nurseries site, La Grande Route de St. Clement. The scheme proposed the
construction of -
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28th Meeting
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residential
development.
477/5/2(232)
P/2016/1757
20 No. one bedroom dwellings – social rented tenure
89 No. two bedroom dwellings – social rented tenure
51 No. three bedroom dwellings – social rented tenure
40 No. three bedroom dwellings – first time buyer
The scheme included vehicular access onto La Grande Route de St Clement;
landscaping; car parking, ancillary buildings and a cycle route. The Committee had
visited the site on 25th April 2017.
Deputies J.M. Maçon of St Saviour and S.M. Wickenden of St. Helier were not
present for the determination of this application.
A site plan and drawings were displayed. The Committee noted that the application
site was located in the Built-Up Area, was on the Eastern Cycle Route Corridor, a
Primary Route Network and was a designated Category A Affordable Housing Site.
Policies SP1, SP2, SP3, SP4, SP6, SP7, GD1, GD3, GD6, GD7, NE1, BE5, SCO3,
SCO5, H1, H4, H6, TT2, TT3, TT4, TT8, TT9, NR1, NR2, NR3, LWM1, LWM2
and LWM3 of the 2011 Island Plan were relevant.
The Committee recalled that the 10.4 acre Samares Nurseries site had been re-zoned
for Category A Affordable Housing, in accordance with Policy H1 of the 2011 Island
Plan. In October 2015, a development brief for the site had been adopted which
established the principle of the site being developed for 180-200 Affordable Housing
units. The application under consideration followed 18 months of pre-application
negotiations, including four rounds of consultation with the Jersey Architecture
Commission. The key matters which had been considered were the number of units;
traffic generation; ecological impact and drainage. It was noted that the scheme had
to be considered in association with the applications detailed below. If permission
was granted the applications would be linked by a Planning Obligation Agreement
(POA) to secure their delivery.
P/2016/1759 – creation of 3 pedestrian/cyclist/emergency vehicle access routes
through to Le Squez via Les Burons, to the west of Samares Nursery.
P/2016/1760 – creation of cycle path from the eastern boundary of the site, across
fields, to Rue de Maupertuis.
P/2016/1761 – alterations and improvements to the existing south-west link to Clos
Lempriere to provide access to Le Squez via Les Anqetils.
P/2017/0172 – archaeological assessment of the site through the digging of 26
investigative trenches.
It was acknowledged that the single point of entry/exit from La Grande Route de St
Clement was not ideal. However, the site was not capable of providing any
alternative vehicular routes and this was not a requirement of the Development Brief.
Consequently, integration with existing facilities/infrastructure for cyclists,
pedestrians and bus users was essential. This could only be achieved by linking the
main application site to 3 access application sites (reference numbers - P/2016/1759,
P/2016/1760 and P/2016/1761 – detailed above). The scheme provided 338 car
parking spaces for 200 units. In order to offset this shortfall in car parking, a
comprehensive package of measures to encourage alternative transport choices
formed part of the scheme. This included the physical provision of a section of the
Eastern Cycle Route and a financial contribution of £162,379 to subsidise bus
services. The Department for Infrastructure (DFI) supported the proposal, in
principle, subject to a number of conditions being satisfied. Implementation of these
28th Meeting
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447
measures would ensure that the scheme would not lead to unacceptable problems
with traffic generation, safety or car parking.
The Committee was advised that the site would be connected to the main foul sewer
network. It was recognised that the Samares area had a high surface water table with
a history of flooding. DFI had been consulted and supported the proposal, in
principle, subject to a number of conditions being satisfied.
The ecological value of the site had been evaluated as high and a number of
ecological assessments had been prepared to include appropriate mitigation
measures – an Ecological Survey Results Report (ESRR) and a Species Protection
Plan (SPP). Provided the works were carried out in accordance with the mitigation
measures outlined, the significance of adverse impacts upon ecological assets could
be either avoided or reduced to minor significance. Accordingly, a condition was
proposed (No. 22, as detailed in the officer report).
Financial contributions of £150,000 to Le Squez youth club and a separate
Percentage for Art sum had also been agreed.
The Committee recalled that it had deferred consideration of the above application
at its meeting on 27th April 2017, pending a detailed briefing on the traffic
implications of the proposed development and other developments in the area. At
the same time further clarification had been sought from DFI in relation to the
drainage proposals. In this connexion the Committee had convened on 25th May
2017, to hear from representatives of the DFI. The Committee had been assured that
a detailed analysis of the proposals and the cumulative effect of traffic arising from
other developments had been undertaken by the DFI. It had been confirmed that the
DFI was satisfied with both the drainage arrangements and the methodology used to
assess the overall traffic implications.
4 letters of representation had been received from neighbouring properties and
revised plans had been submitted to address objections raised on the grounds of loss
of privacy. It was acknowledged that the application had not received the support of
the States of Jersey Police on some matters, nor the Parish of St Clement. However,
on balance the key areas for concern had been addressed during the application
process, either through the imposition of planning conditions or by the POA. As
such, the application was recommended for approval. If the POA was not completed
within 3 months then the application would be returned to the Committee for further
consideration.
Additional representations received after the publication of the agenda had been sent
to members under separate cover.
The Committee recalled that it had considered all written representations and had
heard from a number of individuals, speaking both for and against the scheme, at its
last meeting. Consequently, members agreed that it would not be necessary to hear
any further oral representations unless there were any new issues.
The Committee heard from Connétable L. Norman of St. Clement, who expressed
considerable disappointment that he had not been invited to attend the Committee
meeting held on 25th May 2017, when members had received a briefing on the traffic
implications of the proposed development and other developments in the area. At
that meeting further clarification had also been sought from DFI in relation to the
drainage proposals. The Connetable stressed that he believed that the transport
survey submitted by the applicants was seriously flawed. References had been made
to school access routes via roads which did not exist and statements to the effect that
vehicle ownership among tenants was lower than that of homeowners were perhaps
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true of large UK cities but not of Jersey. Claims that the surrounding road network
could cope with the level of development proposed on this and other sites in the area
were strongly refuted by the Connetable. At present the timing of traffic lights was
being altered in an attempt to keep traffic moving.
In terms of drainage, the Connetable advised the Committee that, with each new
development that was built, flooding in area got worse. The Connetable noted that
the application proposed going under a parish road to connect to the foul sewer. He
stated that permission from the Parish was unlikely to be granted for this as there
had already been a collapse in the road so an alternative solution would have to be
found. In this connexion the Connetable referred to Article 9(3)(b) of the Planning
and Building (Jersey) Law 2002, as amended which stated that if the applicant was
not the owner of the land to be developed, a certificate confirming that the owner
approved of the making of the application was required. The Parish of St. Clement
had not been requested to provide such a certificate and the Connetable added, that
even if it had, it would not have agreed to the provision of the same. Consequently
it appeared that the application was ultra vires. The Director, Development Control
pointed out that consent for the work referred to by the Connetable was already in
place by virtue of the existence of a Development Order. A large number of planning
applications included some sort of drainage requirements so it was not necessary for
applicants to seek the consent of the landowner in each individual case.
The Committee heard from Mr. I. McDonald of Axis Mason, who advised that
neither the applicants nor their representatives had attended the Committee meeting
on 25th May 2017. In terms of the transport survey, Mr. McDonald reminded the
Committee that this had been scrutinised by the DFI, which Department was
satisfied with the proposals. In concluding, Mr. McDonald also referred the
Committee to the package of measures designed to encourage alternative transport
choices. In this connexion it was confirmed that discussions regarding possible
revisions to the cycle route were ongoing and had yet to be finalised.
The Committee discussed the application and, without exception, all members
expressed concerns regarding the traffic implications. However, members had
received assurances from the DFI that the proposals were acceptable in this context
and the applicants had proposed a range of mitigation measures. Consequently, the
Committee accordingly approved the application, subject to the conditions set out
within the officer report and on the basis of a POA, as detailed above.
Les Burons, Le
Squez Road,
St. Clement:
proposed
change of use
to create 3
accesses onto
Samares
Nurseries site.
477/5/2(756)
A15. The Committee, with reference to its Minute No. A15 of 27th April 2017,
considered a report in connexion with an application which proposed the change of
use of land at Les Burons, Le Squez Road, St. Clement to facilitate the creation of 3
pedestrian/cyclist access routes from the Samares Nurseries site, La Grande Route
de St. Clement through Le Squez via Les Burons, Le Squez Road, St. Clement. The
most southerly of the 3 accesses would have a drop bollard to allow emergency
services to access the area. The routes through Les Burons would provide residents
of the proposed new development on the Samares Nurseries site with access to Le
Squez Youth Club, Samares school, shops, the bus stop and nearby beaches. The
Committee had visited the site on 25th April 2017.
Deputies J.M. Maçon of St Saviour and S.M. Wickenden of St. Helier were not
present for the determination of this application.
A site plan and drawings were displayed. The Committee noted that the application
site was located in the Built-Up Area and was on the Eastern Cycle Route Corridor.
28th Meeting
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449
The Committee noted that the above application was connected with the proposed
development of the Samares Nurseries site (application reference - P/2016/1757). If
approved, the schemes would be linked by a Planning Obligation Agreement.
It was recalled that the Samares Nurseries site was served by a single point of
entry/exit from La Grande Route de St Clement which, it was acknowledged, was
not ideal. However there were no alternative vehicular routes and the provision of
the same was not a requirement of the Development Brief. As such, the transport
philosophy behind the redevelopment of the Samares Nurseries site was to promote
sustainable transport choices. Whilst car parking was included within the scheme,
the emphasis was on encouraging sustainable modes of transport. Consequently, the
application under consideration related to the provision of 3 pedestrian/cyclist access
routes from the Samares Nurseries site through to Le Squez via Les Burons. The
Department for Infrastructure supported the application, subject to the imposition of
certain conditions. The application was recommended for approval subject to the
imposition of certain conditions detailed within the officer report and on the basis of
the entering into a POA which would link this application to the Samares Nurseries
site application.
No representations had been received in connexion with the above application.
The Committee recalled that it had deferred consideration of the above application
at its meeting on 27th April 2017, pending a detailed briefing on the traffic
implications of the proposed development and other developments in the area. At
the same time further clarification would also be sought from DFI in connexion with
the drainage proposals. In this connexion the Committee had convened on 25th May
2017, to hear from representatives of the DFI. The Committee had been assured that
a detailed analysis of the proposals and the cumulative effect of traffic arising from
other developments had been undertaken by the DFI. It had been confirmed that the
DFI was satisfied with both the drainage arrangements and the methodology used to
assess the overall traffic implications.
All oral representations in connexion with this item were recorded in Minute No.
A14.
The Committee accordingly approved the application, subject to the conditions set
out within the officer report and on the basis of a POA, as detailed above.
Field Nos.
C52, C51 and
C48, Rue du
Maupertuis, St.
Clement:
proposed
change of use
of parts of
fields to create
cycle track.
477/5/2(757)
P/2016/1760
A16. The Committee, with reference to its Minute No. A16 of 27th April 2017, of
the present meeting considered a report in connexion with an application which
proposed the change of use of parts of Field Nos. C52, C51 and C48, Rue du
Maupertuis, St. Clement to facilitate the creation of a cycle path through the fields
leading to the roadside of Rue de Maupertuis. This cycle path would form a section
of the Eastern Cycle Route. The layout of the route had been dictated by the
applicant’s ability to gain the consent of each of the respective landowners. The
Committee had visited the site on 25th April 2017.
Deputies J.M. Maçon of St Saviour and S.M. Wickenden of St. Helier were not
present for the determination of this application.
A site plan and drawings were displayed. The Committee noted that the above fields
were located in the Green Zone and on the Eastern Cycle Route Corridor. Policies
NE7, TT3, ERE1 and SP6 of the 2011 Island Plan were relevant.
The Committee noted that the above application was connected with the proposed
development of the Samares Nurseries site (application reference - P/2016/1757). If
approved, the schemes would be linked by a Planning Obligation Agreement.
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The Committee recalled that the Samares Nurseries site was served by a single point
of entry/exit from La Grande Route de St Clement which, it was acknowledged, was
not ideal. However there were no alternative vehicular routes and the provision of
the same was not a requirement of the Development Brief. As such, the transport
philosophy behind the redevelopment of the Samares Nurseries site was to promote
sustainable transport choices. Whilst car parking was included within the scheme,
the emphasis was on encouraging sustainable modes of transport. Consequently, the
application under consideration related to the provision of a vital section of the
Eastern Cycle Route. Although it was acknowledged that a direct route would have
been preferable, the applicant had been in negotiations with landowners for over 18
months and had been unable to secure the same. The Department for Infrastructure
supported the application, subject to the imposition of certain conditions. The land
would be ceded to the States of Jersey and this would be secured via a Planning
Obligation Agreement. The Natural Environment Section also supported the
application, subject to the imposition of certain conditions. However, the Land
Controls and Agricultural Development Section objected to the application on the
grounds of the loss of agricultural land. Whilst this would be the case, the cycle path
was only 3.5 metres wide and followed the field boundaries. As such, the proposal
was not considered to compromise the agricultural functioning of the fields. Policy
NE7 presumed against development but the preamble described the Green Zone as
a living landscape where there may be an opportunity to provide public access. The
cycle path included timber post and rail fencing, the design of which had been
carefully considered to ensure it was appropriate in this semi-agricultural landscape.
This was a common boundary treatment in the Green Zone and was not, therefore,
considered to result in harm to the landscape character. Although Policy NE7
included a number of exceptions, this proposal did not fall neatly into any of them.
Therefore, the proposal had to be considered against the overriding test of Policy
NE7; namely whether the development would cause serious harm to the landscape
character. Whilst the proposed cycle path would be visible and would inevitably
cause some harm, given the materials and route alongside field boundaries, it was
not considered to cause serious harm. Consequently, the application was
recommended for approval, subject to the imposition of certain conditions detailed
within the officer report and on the basis of the entering into a POA which would
link this application to the Samares Nurseries site application.
2 letters of representation had been received in connexion with the application.
The Committee recalled that it had deferred consideration of the above application
at its meeting on 27th April 2017, pending a detailed briefing on the traffic
implications of the proposed development and other developments in the area. At
the same time further clarification would also be sought from DFI in connexion with
the drainage proposals. In this connexion the Committee had convened on 25th May
2017, to hear from representatives of the DFI. The Committee had been assured that
a detailed analysis of the proposals and the cumulative effect of traffic arising from
other developments had been undertaken by the DFI. It had been confirmed that the
DFI was satisfied with both the drainage arrangements and the methodology used to
assess the overall traffic implications.
All oral representations in connexion with this item were recorded in Minute No.
A14.
The Committee accordingly approved the application, subject to the conditions set
out within the officer report and on the basis of a POA, as detailed above.
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451
Les Anquetils,
Le Squez
Road, St.
Clement:
proposed
change of use
to create access
to Samares
Nurseries site.
477/5/2(758)
P/2016/1761
A17. The Committee, with reference to its Minute No. A17 of 27th April 2017,
considered a report in connexion with an application which proposed the change of
use of parts of land at Les Anquetils, Le Squez Road, St. Clement to facilitate access
to the Samares Nurseries site, La Grande Route de St. Clement. The Committee had
visited the site on 25th April 2017.
Deputies J.M. Maçon of St Saviour and S.M. Wickenden of St. Helier were not
present for the determination of this application.
A site plan and drawings were displayed. The Committee noted that the above site
was located in the Built-Up Area and was on the Eastern Cycle Route Corridor.
The Committee noted that the above application was connected with the proposed
development of the Samares Nurseries site (application reference - P/2016/1757). If
approved, the schemes would be linked by a Planning Obligation Agreement.
The Committee recalled that the Samares Nurseries site was served by a single point
of entry/exit from La Grande Route de St Clement which, it was acknowledged, was
not ideal. However there were no alternative vehicular routes and the provision of
the same was not a requirement of the Development Brief. As such, the transport
philosophy behind the redevelopment of the Samares Nurseries site was to promote
sustainable transport choices. Whilst car parking was included within the scheme,
the emphasis was on encouraging sustainable modes of transport. Consequently, the
application under consideration related to the removal of the fencing between the
Samares Nurseries site and the existing south-west link to Clos Lempriere (a private
road/housing development within the control of a Housing Trust). The altered
boundary would be reinstated with a one metre wall with fencing above, to a finished
height of 1.8 metres. There would be no access from Les Squez and the Samares
Nurseries site into Clos Lempriere, other than through a metal gate with a digilock.
However the altered boundaries would allow pedestrian and cyclist access between
Les Squez and the Samares Nurseries site. This route through would provide
residents of the proposed new development on the Samares Nurseries site with
access to Le Squez Youth Club, Samares school, shops, the bus stop and nearby
beaches. The Department for Infrastructure supported the application, subject to
conditions. The application was, therefore, recommended for approval subject to the
imposition of certain conditions detailed within the officer report and the applicant
entering into a POA which would link this application to the Samares Nurseries site
application.
No representations had been received in connexion with the application.
The Committee recalled that it had deferred consideration of the above application
at its meeting on 27th April 2017, pending a detailed briefing on the traffic
implications of the proposed development and other developments in the area. At
the same time further clarification would also be sought from DFI in connexion with
the drainage proposals. In this connexion the Committee had convened on 25th May
2017, to hear from representatives of the DFI. The Committee had been assured that
a detailed analysis of the proposals and the cumulative effect of traffic arising from
other developments had been undertaken by the DFI. It had been confirmed that the
DFI was satisfied with both the drainage arrangements and the methodology used to
assess the overall traffic implications.
All oral representations in connexion with this item were recorded in Minute No.
A14.
The Committee accordingly approved the application, subject to the conditions set
out within the officer report and on the basis of a POA, as detailed above.
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Samares
Nurseries, La
Grande Route
de St. Clement,
St. Clement:
proposed
archaeological
evaluation
trenches.
477/5/2(232)
P/2017/0172
A18. The Committee, with reference to its Minute No. A18 of 27th April 2017,
considered a report in connexion with an application which proposed the digging of
26 archaeological evaluation trenches on the Samares Nurseries site, La Grande
Route de St. Clement. The Committee had visited the site on 25th April 2017.
Deputies J.M. Maçon of St Saviour and S.M. Wickenden of St. Helier were not
present for the determination of this application.
A site plan and drawings were displayed. The Committee noted that the above site
was located in both the Built-Up Area and the Green Zone and was on the Eastern
Cycle Route Corridor.
The Committee noted that the above application was connected with the proposed
development of the Samares Nurseries site (application reference - P/2016/1757). If
approved, the schemes would be linked by a Planning Obligation Agreement.
The application under consideration related to the creation of 26 archaeological
evaluation trenches to establish the archaeological impact of the proposed residential
development on the Samares Nurseries site (application reference P/2016/1757).
The Environmental Land Controls Section had been consulted and had made no
comments. The Historic Environment Team (HET) had no objection to the proposal.
Following consultation with the Department’s Archaeological consultant (Oxford
Archaeology) additional trenches had been requested and it had also been
recommended that each trench be deeper than originally proposed. A condition had,
therefore, been proposed requiring the submission and approval of an updated
Written Scheme of Investigation (WSI) to respond to the issues raised by Oxford
Archaeology. The application was recommended for approval, subject to the
imposition of certain conditions detailed within the officer report and the applicant
entering into a POA which would link this application to the Samares Nurseries site
application.
No representations had been received in connexion with the application.
The Committee recalled that it had deferred consideration of the above application
at its meeting on 27th April 2017, pending a detailed briefing on the traffic
implications of the proposed development and other developments in the area. At
the same time further clarification would also be sought from DFI in connexion with
the drainage proposals. In this connexion the Committee had convened on 25th May
2017, to hear from representatives of the DFI. The Committee had been assured that
a detailed analysis of the proposals and the cumulative effect of traffic arising from
other developments had been undertaken by the DFI. It had been confirmed that the
DFI was satisfied with both the drainage arrangements and the methodology used to
assess the overall traffic implications.
All oral representations in connexion with this item were recorded in Minute No.
A14.
The Committee accordingly approved the application, subject to the conditions set
out within the officer report and on the basis of a POA, as detailed above.