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A decision made 10 March 2010 regarding: Rondel Site, Westmount Road, St. Helier - environmental impact assessment.

Decision Reference: MD-PE-2010-0040			Application Number: EIA/2009/1515 (If applicable)
Decision Summary Title :	Rondel Site, Westmount Road, , St. Helier.		Date of Decision Summary:		10 March 2010
Decision Summary Author:	Acting Principal Planner		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		Acting Principal Planner
Written Report Title :	EIA/2009/1515 Screening RFR		Date of Written Report:		3 March 2010
Written Report Author:	Acting Principal Planner		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Rondel Site, Westmount Road, St. Helier EIA Screening RFR - Residential development comprising of 19 units. For Category B Housing.
Decision(s): The Minister considered the EIA Screening RFR (Environmental Impact Assessment/Request for Reconsideration) at a meeting on 10 March 2010, having first read the Department Report, including the applicant’s submissions and all consultation responses. Following consideration of the above documents, the Minister endorsed the Department Recommendation that the proposal was prescribed development under Article 2(3) of the Planning and Building (Environmental Impact) (Jersey) Order 2006.
Reason(s) for Decision: The Minister endorsed the recommendation of the Department on the basis that the subject proposal relied on the Westmount Quarry application P/2008/1778 to remodel the rockface. Furthermore, the Westmount Quarry application contained only indicative information in relation to the rockface, and in the absence of any contrary information, concluded that the implications of the remodelling work were significant, potentially in terms of noise, dust and other disturbance, volumes, traffic and landscape impact within the Green Backdrop Zone as identified in the Jersey Island Plan 2002.
Resource Implications: None
Action required: Agent to be notified by letter
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

Rondel Site, Westmount Road, St. Helier - environmental impact assessment

Application Number: EIA/2009/1515

EIA Screening
Request for Reconsideration Report

Site Address	Rondel Site, Westmount Road, St. Helier.

Requested by	MS Planning	Agent	MS Planning Ltd

Description	Residential development comprising of 19 units. For Catagory B Housing.

Type	Environmental Impact Assessment

Original Decision	Upon receipt of the application for 19 residential units (Cat B) on Field 1551, the Department provided an EIA Screening Opinion for proposal in accordance with the Planning & Building (Environmental Impact) (Jersey) Order 2006, and determined that the proposal is “prescriped development” by virtue of Article 2(3) in that it is an extension of an authorised development which itself was EIA development (Westmount Quarry P2008/1778). The reason for this was that both applications rely on the stabilisation of the rockface, and share the requisite common land within their “site edged red”. This was relayed to the applicant in the Screening Opinion dated 11 August 2009.
Appeal	Article 2(4) of the Planning & Building (Environmental Impact) (Jersey) Order 2006 sets out that if the Minister is satisfied that by virtue of factors such as the nature, size or location of the proposed development would be unlikely to have a signficant effect on the environment of Jersey or elsewhere, then the Minister can determine that it is not “prescribed development”. This article effectively enables an “Request for Reconsideration” appeal to the Minister, against the original Screening Opinion, which was received by the Department on 12 November 2009. In brief, the Appeal from Peter Brett Associates sets out that: · Although the rock stabilisation works are within the application site, they are not required as a result of the proposed development and relate to the Westmount Quarry proposal, to be undertaken in accordance with the conditions on that permit. · The screening checklist identified that the EIA was required solely by virtue of the overlapping sites. · The Field 1551 application includes a “Sustainability and Environmental Appraisal” which deals with the issues as relevant to the proposal. .

Consultations	On receipt of the appeal the views of all EIA consultees were sought. The following responses have been received: · Historic Buildings – 27 November 2009 - Confirm no specific EIA requirements. · Parish of St Helier – 30 November 2009 – confirm the overlap is to allow rock stabilisation to be undertaken on the Rondel Site (Field 1551) and that private arrangements are in place to keep the developments distinct in all other regards. · Environment (Ecology) – 26 November 2009 – identify that improper storage of fuels may damage flora and fauna and due to the scale of the project an EIA is required. · Public Health – 25 November 2009 – Question whether the Field 1551 application can progress without Westmount Quarry. If it cannot then it is an extension and requires EIA. Potential noise and traffic issues are identified and an EIA is supported. · Social Security (Health and Safety) – 9 November 2009 – confirm no EIA is required as the issues relevant to their remit can be considered under Health & Safety Law.

Comments	Since the submission of the Appeal, it is notable that the Westmount Quarry application has been subject to a successful Third Party appeal, and at this moment, there is no permit in place. As such, it has been questioned whether the Field 1551 proposal can still be considered under Article 2(3). On this issue, the Department have confirmed to the applicant that given the Westmount Quarry application is now again with the Department for a resolution (and we are in no position to assume that it will or will not be approved) that it would be prudent to progress on the basis of maintaining our opinion that Field 1551 is prescribed development until we are able to categorically conclude otherwise. If we currently progress on the basis that it is not prescribed development, simply because Westmount remains outstanding, then there is obviously the potential for further delay if Westmount is approved - and so Field 1551 suddenly explicitly falls within the scope of para 2(3). It is clear in the submission for Field 1551 that the application site overlaps with the rockface remediation works. This overlap is significant (one-third of the Field 1551 site is already within the Westmount Quarry site) and is a matter of fact. It is also shown on the Field 1551 proposals that the units facing over the Westmount Quarry site actually have their gardens within the potential regrading area. It is therefore a matter of fact that the Field 1551 application relies on the rockface being remodelled. Therefore, aside from the overall stability of Field 1551, the actual implementation of the Field 1551 development is linked to stabilisation under the Westmount Quarry proposal. It is further notable that the Westmount Quarry permit which has been subject to a successful Third Party Appeal, included a condition (no. 17) which reserved all details in relation to the works to the rockface. The information provided with the Westmount Quarry application showed the rockface stabilisation as ‘indicative’. The Department therefore have no information (as part of the Westmount Quarry application, or the Field 1551 application) against which the rockface regrading can be assessed.

Conclusion	As the subject Field 1551 application relies on the rockface being remodelled, and relies on the Westmount Quarry application to deliver this, then the two sites are linked and the terms of Article 2(3) apply. The Westmount Quarry application contains only indicative information in relation to the rockface, and in the absence of contrary information the Department believe the implications of the work are “significant” for the purposes of Article 2(4), potentially in terms of the noise, dust and other disturbance, volumes, traffic and landscape impact within the Green Backdrop Zone as identified on the Jersey Island Plan 2002.

Recommendation	That the Minister endorse EIA/2009/1515 as prescribed development under Article 2(3) of the Planning & Building (Environmental Impact) (Jersey) Order 2006

Enclosures	Original Screening Opinion Layout for Westmount Quarry Peter Brett Associates Request for Reconsideration All consultation responses

Endorsed by

Date