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Jersey Gas Site, Tunnell Street, St. Helier: Planning Application (PP/2016/1414): Inspector's Recommendation

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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A decision made 31 July 2017:

Decision Reference:    MD- PE- 2017 – 0075

Decision Summary Title:

Appeal Decision – Jersey Gas Site, Tunnell Street, St Helier. (PP/2016/1414)

Date of Decision Summary:

27 July  2017

Decision Summary Author:

Principal Planner (Policy)

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Inspector’s Report – Jersey Gas Site #2

Date of Written Report:

Undated

Written Report Author:

Jonathan King (BA(Hons), DipTP, MRTPI

Planning Inspector

Written Report :

Public or Exempt?

 

Public

Subject:

Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to grant planning permission at Jersey Gas Site, Tunnell Street, St Helier. (PP/2016/1414)

Decision:

 

The Assistant  Minister dismissed the appeal and a variation of the decision has been made. The Minister hereby grants permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; “OUTLINE APPLICATION: Demolition of existing gas works and associated office, showroom and staff accommodation. Construction of new residential development comprising of up to 253 No. 1, 2 and 3 bedroom dwellings and associated residential facilities, 2 No. commercial units, semi-basement parking, ancillary areas, landscaping amenities and public realm improvements. All matters fixed excluding external appearance and materials”.

 

This permission is granted subject to the applicant entering, within three months of the date of this decision, into a suitable planning obligation agreement, pursuant to Article 25 of the Planning and Building (Jersey) Law, 2002 (as amended), in order to guarantee the provision of the following;

 

1. £860,000 to secure public car parking elsewhere in St Helier (to include: £50k prior to works commencing on site, £300k when 50% of the units are complete, and £510k when the contractors agreed works programme is complete); and

 

2. to fund a bus shelter in the vicinity of the application site.

 

In the event that a suitable planning obligation is not agreed within three months of this decision, the Director (Development Control) be authorised to refer the application back to the Planning Committee for further consideration.

 

 AND, subject to  compliance with the approved plans and the following conditions:

 

1. The development shall commence within five years of the date of this decision or within 2 years of the approval of the final reserved matters to be approved, whichever is the later.

Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. 

 

2. Application for the approval of Reserved Matters as detailed in Condition 3 shall be made before the expiration of three years from the date of this decision.

Reason: To accord with Article 19(6) of the Planning and Building (Jersey) Law 2002.

 

3. Approval of the details of the elevations, design (including the siting of any balconies and / or terraces) and external materials – hereinafter called the Reserved Matters – shall be obtained by application prior to any development commencing. The development shall be carried out as approved.

Reason: To accord with Article 19(6) of the Planning and Building (Jersey) Law 2011.

 

4. The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Department of the Environment a Phasing Plan which shall include details of the order in which the principal elements of the development are proposed to be carried out. These shall include ground preparation works, construction of the Blocks A-D, vehicular access, vehicle parking, the improvement works to Tunnell Street, and the public realm and landscape works. The development shall thereafter be implemented only in accordance with the approved Phasing Plan.

Reason:To ensure the satisfactory phasing of works in the interests of public amenity, in accordance with Policy GD1 of the Jersey Island Plan 2011 (Revised 2014)

 

5. Prior to commencement of development, a scheme shall be submitted to and approved in writing by the Department of the Environment broadly consistent with the submitted Public Art Statement, relating to the provision of a work of art and the timing of its implementation by reference to the matters addressed in the approved Phasing Plan. The approved work of art shall be installed in accordance with the approved scheme.

Reason: To accord with the provisions of Policy GD8 of the Jersey Island Plan 2011 (Revised 2014)

 

6. The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Minister a Demolition / Construction Environmental Management Plan designed to identify and mitigate the environmental and amenity effects of the development while it is in the course of construction. The matters to be addressed in the Plan shall include, but shall not be limited to the following:

(a) the control of noise, vibration, dust and other emissions;

(b) hours of working, by reference to days of the week, Bank and Public Holidays and specified activities, including noisy activities such as piling;

(c) crushing, sorting and management of waste material, including excavated material, on the site;

(d) vehicle wheel cleaning;

(e) management of traffic and pedestrians;

(f) the detection and management of any asbestos encountered during works; and

(g) details of a complaints procedure, including office hours and out-of hours contact telephone numbers.

The Demolition / Construction Environmental Management Plan shall be implemented as approved.

Reason: In the interests of protecting the amenities of the area generally and to accord with Policy GD1 of the Jersey Island Plan 2011 (Revised 2014)

 

7 Notwithstanding the information submitted with the planning application, the development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Department of the Environment a scheme setting out the allocation of the car parking spaces and cycle storage spaces to individual dwellings and the manner in which their use may be controlled. The parking spaces shall not be used by persons other than residents or visitors to residents or other than in accordance with the approved scheme.

Reason: To ensure adequate car / cycle parking in accordance with Policy GD1 of the Jersey Island Plan 2011 (Revised 2014)

 

8. Notwithstanding the information on the submitted plans, no fewer than two hundred and nine parking spaces and storage sufficient for two hundred and eighty-seven bicycles shall be provided for the use of residents in accordance with the provisions of Condition 7. No residential unit shall be occupied prior to the provision of parking to which it relates.

Reason: To ensure adequate car / cycle parking in accordance with Policy GD1 of the Jersey Island Plan 2011 (Revised 2014).

 

9. Notwithstanding the information submitted with the planning application, the development hereby permitted shall not be occupied until a Green Travel Plan to cover not less than 10 years from the date of first occupation has been submitted to and approved in writing by the Department of the Environment. No accommodation shall be occupied until a Green Travel co-ordinator has been appointed and their details forwarded to the Department. The details of any subsequent appointees shall also be forwarded without undue delay. The approved Green Travel Plan shall be implemented in full over the period covered.

Reason: In the interests of promoting sustainable patterns of development, and to accord with Policies TT9, BE2 and SP6 of the Jersey Island Plan 2011 (Revised 2014)

 

10. The development hereby permitted shall not be commenced until a scheme of service infrastructure has been submitted to and approved in writing by the Department of the Environment. The scheme shall include details of:

 

(a) communal waste facilities, including provision for the separation of wastes for recycling, to include, but not be limited to food compost, glass and cardboard;

(b) arrangements for the collection of waste;

(c) communications infrastructure, including but not limited to any communal satellite television reception system;

(d) the location and number of electric car charging points;

(e) a system of sustainable urban drainage and rainwater harvesting for the irrigation and watering of landscaped areas;

(f) external lighting;

(g) smart meters for water and electricity consumption visible within every residential unit; and

(h) phasing of the implementation of the foregoing by reference to the matters addressed in the approved Phasing Plan.

 

The detailed matters shall be implemented as approved and retained for the lifetime of the development.

Reason: In the interests of providing adequate service infrastructure in accordance with Policy GD1 of the Jersey Island Plan 2011 (Revised 2014)

 

11. Notwithstanding the information submitted with the planning application, the development hereby permitted shall not commence until there has been submitted to and approved in writing by the Department of the Environment a revised Waste Management Plan to include monitoring and reporting arrangements for the actual waste streams arising from excavation and demolition of existing structures. Reporting on progress to the Department shall be undertaken no less frequently than every 6 months commencing with the first act of demolition or excavation. Prior to first occupation of the development a Waste Management Completion Report to demonstrate compliance with the Waste Management Plan shall be submitted to the Department.

Reason: In the interests of securing waste minimisation, and to accord with Policy WM1 and BE2 of the Jersey Island Plan 2011 (Revised 2014)

 

12. Prior to the commencement of any works of excavation or demolition on the site, a scheme for the management of contaminated material and for the remediation of contaminated land identified in the Phase 1 Desktop Study; for arrangements for longer-term monitoring of pollutant linkages; and for contingency action and reporting, shall be submitted to and approved in writing by the Department of the Environment. The scheme shall be implemented as approved. In the event that additional contamination is encountered on the site during the course of development, work shall cease and the Department notified immediately. The levels of potential contaminants shall be investigated and any risks to human health or the wider environment assessed and mitigation measures proposed in a scheme which shall be submitted to and approved in writing by the Department. The scheme shall thereafter be implemented as approved and in accordance with the requirements of the Supplementary Planning Guidance Planning Note Development of Contaminated Land. Prior to the occupation of any part of the development hereby approved, a completion report and contaminated land completion certificate demonstrating completion of the works and the effectiveness of any remediation undertaken within the context of the approved scheme(s) shall be submitted to and approved in writing by the Department of the Environment.

Reason: To ensure the development does not have an unreasonable impact on public health or the wider environment and to accord with Policy GD6 of the Jersey Island Plan 2011 (Revised 2014)

 

13. Notwithstanding the information supplied with the application, prior to commencement of the development hereby approved, a scheme of hard and soft landscaping shall be submitted to and approved in writing by the Department of the Environment. The scheme shall include details of the following:

 

i) the position of all new trees and/or shrubs to be planted, and their species, size, number and spacing and the means to be used to support and protect them;

ii) other landscape treatments to be carried out including any excavation works, surfacing treatments, or means of enclosure; and,

iii) a timescale for implementation.

 

The details of landscaping required to be submitted and approved under this condition shall include details of the phasing of implementation by reference to the matters addressed in the Phasing Plan approved under Condition 4. The landscaping shall be carried out in compliance with the approved details and thereafter retained as such.

Reason: To ensure that the benefits of the approved landscaping scheme are not delayed and consequently make a full contribution to the amenity of the site in the interest of sustaining and enhancing landscape quality, in accordance with Policy NE 4 and GD1 of the Island Plan, 2011 (Revised 2014)

 

14. The landscape scheme required to be submitted under Condition 13 shall include details of the integration of the development hereby permitted with the Town Park. The

scheme shall include the re-landscaping of the eastern part of the park (that part to the east of the existing timber pergola and water fountains within the red line of the application site shown on the approved plans) into the approved development. It shall be implemented in accordance with the phasing of matters relating to landscaping in the Phasing Plan approved under Condition 4.

Reason: To ensure that the landscaping scheme make a full contribution to the amenity of the site in the interest of sustaining and enhancing landscape quality, in accordance with Policy NE 4 and GD1 of the Island Plan, 2011 (Revised 2014)

 

15. Notwithstanding the information submitted with the planning application, the landscape scheme required to be submitted under Condition 13 shall include the details of all footpaths, including details of proposed pedestrian permeability and access into and through the development hereby permitted. The details shall be carried out in accordance with the phasing of matters relating to the public realm in the Phasing Plan approved under Condition 4.

Reason: To ensure that the landscaping scheme incorporates good pedestrian access, in accordance with the Island Plan, 2011 (Revised 2014)

 

16. Prior to the commencement of the development hereby permitted, a report setting out the arrangements for the management of the landscaped areas shall be submitted to and approved in writing by the Minister. The Report shall be implemented as approved. If, during the first 5 years from the date of planting, any tree or shrub planted in accordance with the approved landscape scheme dies, is removed or becomes seriously damaged or diseased, it shall be replaced in the next planting season by a similar tree or shrub, unless the Department of Environment gives written consent for a variation of the scheme.

Reason: To ensure that the landscaping scheme make a full contribution to the amenity of the site in the interest of sustaining and enhancing landscape quality, in accordance with Policy NE 4 and GD1 of the Island Plan, 2011 (Revised 2014)

 

17.  Notwithstanding the information supplied with the application, prior to commencement of the development hereby approved, a scheme of works to be undertaken for the widening and improvement of Tunnell Street including all hard surfacing, provision for pedestrians, provision for the parking of service vehicles and all “public realm” works shall be submitted to and approved in writing by the Department of the Environment. The details of works required to be submitted and approved under this condition shall include details of the phasing of implementation by reference to the matters addressed in the approved Phasing Plan. None of the development fronting or taking access from Tunnel Street shall be occupied prior to the completion of the works as approved. The scheme shall be implemented as

 

approved.

Reason: In the interests of enhancing  the amenities of the area generally and to accord with Policy GD1 of the Jersey Island Plan 2011 (Revised 2014)

 

18. Prior to the commencement of any development on site, a Project Design shall be submitted to and approved in writing by the Department of the Environment. The Project Design shall include, but not be limited to, an archaeological watching brief for the duration of the works hereby approved, together with the evaluation and recording of significant archaeological, palaeoenvironmental and geoarchaeological remains and post-evaluation reporting of such remains. The development shall be carried out in accordance with the approved Project Design. Should any unexpected significant finds be encountered during the course of the development, work shall cease on the site and the Department of the Environment shall be notified without delay. Work likely to be prejudicial to the integrity of the archaeology shall not recommence without the permission of the Department having been granted and until the finds have been evaluated and provision made for recording in accordance with the Project Brief.

Reason: To secure and safeguard the provision for inspection and recording of matters of archaeological importance associated with the application site.

 

19. Notwithstanding the information on the submitted plans, prior to the commencement of the development of the above-basement superstructure for any of the residential Blocks hereby permitted, details of the proposed foul and surface water drainage shall be submitted to and approved in writing by the Department of the Environment in consultation with TTS Drainage, to be thereafter implemented in full prior to first occupation of the relevant Blocks and retained for the lifetime of the development.

Reason: In the interests of providing adequate drainage arrangements, in accordance with Policy GD1 of the Jersey Island Plan 2011 (Revised 2014)

 

20. The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Department of the Environment, a Method Statement to demonstrate how any risks to the aquatic environment will be minimised during the construction of the culvert for the Town Brook on the development site. The provisions of the Method Statement shall be complied with for the duration of demolition and construction works on the site.

Reason: In the interests of biodiversity and ecology, in accordance with Policies SP4, NE1, NE2 and NE3 of the Jersey Island Plan 2011 (Revised 2014)

 

 

Reason for Decision:

The Assistant Minister agrees with the recommendations of the Inspector as detailed within his report.

Resource Implications:-

None

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

Connétable S Pallett

 

 

 

 

 

 

Position:

Assistant Minister

Date Signed:

 

 

 

 

 

 

Date of Decision (If different from Date Signed):

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