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Le Squez - Phase 4, Le Squez Road, St. Clement: Planning Application (P/2016/0791): Appeal Decision

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 21 March 2017:

Decision Reference:    MD- PE- 2017 – 0026

Decision Summary Title:

Appeal Decision – Le Squez Phase 4.

P/2016/0791

Date of Decision Summary:

16 March 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:

Report to the Minister for Planning and Environment

Date of Written Report:

Undated

Written Report Author:

Jonathan King BA(Hons), DipTP, MRTPI

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 Le Squez Phase 4, Le Squez Road, St Clement.  P/2016/0791

Decision:

The 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; “Demolish existing buildings. Construct 17 No. one bedroom, 42 No. two bedroom and 92 No. three bedroom affordable housing flats with associated community facilities, car parking, stores and landscaping”.

 

This permission is granted subject to the applicant entering, within six 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;

 

a) The 151 no. residential units delivered by this planning application as affordable housing in perpetuity.

 

b) A financial contribution of £15,000 towards the provision of a second bus shelter.

 

c) That links to the Eastern Cycle Network to the West and the East via Les Burons can be made, subject to Department for Infrastructure securing the relevant landowner consent.

 

d) A financial contribution of £10,000 towards the physical construction of two 3-metre wide accesses from the Applicant’s land to connect East and West to the Eastern Cycle Network, including link sections to the Eastern Cycle Network.

e) The installation of a shelter for up to10 cycles and 30 scooters at Samares Primary School or a financial contribution of £18,000.

 

 

In the event that a suitable planning obligation is not agreed within six months of this decision, the Director (Development Control) be authorised to REFUSE the grant of planning permission.

 

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

 

1.       The development shall commence within five years of the decision date.

 

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

 

2.  The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission.

 

 Reason: To ensure that the development is carried out and completed in accordance with the details approved.

 

3.        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 Construction Environmental Management Plan. The approved Plan shall thereafter be implemented in full until the completion of the development. Any variation from the approved Plan shall be first approved in writing by the Department of the Environment.

The Plan shall secure an implementation programme of mitigation measures to minimise the adverse effects of the proposal on the environment, and shall include, but shall not be limited to the following:

 

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

(b) details of a publicised complaints procedure, including office hours and out-of hours contact telephone numbers; and

(c) specified hours of working, by reference to days of the week, Bank and Public Holidays and specified activities, including noisy activities.

 

Reason:

To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD1, GD6 and WM1 of the Adopted Island Plan 2011 (Revised 2014).

 

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 housing blocks, provision of foul and surface water drainage, vehicular and pedestrian access, provision of the links to the Eastern Cycle Path, provision of the bus shelter on School Road, car parking, the public realm and landscape works. The development shall thereafter be implemented only in accordance with the approved Phasing Plan. Any variation from the approved phasing shall be first approved in writing by the Department of the Environment.

 

Reason:

To ensure that works are properly co-ordinated to minimise any unreasonable impact on the amenity of local residents in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

 

5.        Prior to the commencement of any superstructure works on site, full details of the proposed foul and surface water drainage systems shall be submitted to and approved in writing by the Department of the Environment in consultation with the Department for Infrastructure. The approved systems shall be installed in accordance with the approved details and the provisions of the Phasing Plan approved under condition 2, and retained for the lifetime of the development.

 

Reason:

To ensure that the site is adequately drained in accordance with Policies LWM2 and LWM3 of the Adopted Island Plan 2011 (Revised 2014).

 

6.        Prior to the commencement of the development in any phase approved under condition 2, a scheme of landscaping shall be submitted to and approved in writing by the Department of the Environment. The scheme shall provide details of the following:

(a) all existing trees, hedgerows and other plants, means of enclosure and other features which it is proposed to retain on the site;

(b) the presence of any invasive plant species on the site and a detailed method statement for its removal and long-term management or eradication;

(c) the measures to be taken to protect existing trees and shrubs;

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

(e) other landscape treatments to be carried out including any excavation works, surfacing, including that of roads, footpaths and driveways, and means of enclosure.

The details 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 approved under condition 2. The approved scheme shall be implemented in full and thereafter retained as such.

 

Reason:

To safeguard the character and appearance of the area in accordance with Policies GD1, NE1, NE2 and NE4 of the Adopted Island Plan 2011 (Revised 2014).

 

7.        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 Department of the Environment. 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 gives written consent for a variation of the scheme.

 

Reason:

To safeguard the maintenance of the character and appearance of the area in accordance with Policies GD1, NE1, NE2 and NE4 of the Adopted Island Plan 2011 (Revised 2014).

 

 

 

8.        Prior to the commencement of any superstructure works on site, full details of all of the external materials to be used in the construction of the development hereby permitted, including roof and wall materials, rendering, windows and doors, railings, and rainwater goods, and shall be submitted to and approved in writing by the Department of the Environment. The development shall be carried out as approved.

 

Reason :

To safeguard the character and appearance of the area and in accordance with the requirements of Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014).

 

 

9.       No phase of the development as shown in the Phasing Plan approved under condition 2 shall be occupied until provision for the storage and sorting of refuse have been put in place to serve that phase in accordance with the approved plans. Such provision shall thereafter be retained for these purposes.

 

Reason:

In accordance with Policy WM1 of the Adopted Island Plan 2011 (Revised 2014).

 

 

10.         All dwelling units within the development shall have convenient access to an electric outlet for recharging electric vehicles off-street. Before the first occupation of any dwelling in any phase of the development approved under condition 2, the outlets to serve that phase shall be installed in full accordance with details which shall first be submitted to and approved in writing by the Department of the Environment.

 

Reason:

So as to accord with the provisions of Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

 

11.        Notwithstanding the provisions of the Planning and Building (General Development)(Jersey) Order 2011 (or any Order revoking or re-enacting that Order with or without modification), the following development shall not be undertaken without express planning permission first being obtained from the Department of the Environment:

- extension to any dwelling;

- free-standing buildings within the curtilage of any dwelling;

- addition to or alterations to any roof;

- erection of a porch; and

- the insertion of any window or dormer window.

 

Reason:

To enable the Department of the Environment to control the development and so safeguard the character and visual amenities of the area and to ensure that adequate private amenity space is retained within the curtilage of the dwelling in compliance with the requirements of Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014).

 

 

12.      The Eastern Cycle Path through the site, together with route signage and lining, shall be provided in accordance with the provisions of Phasing Plan approved under condition 2, subject to its route having first been agreed by the Department of the Environment in consultation with the  Department for Infrastructure or other relevant Highway Authority. The surface finish of the Path, signage and lining shall be carried out in accordance with details which shall first have been agreed in writing by the Department of the Environment. The Path shall thereafter be retained unless otherwise agreed in writing by the Department of the Environment.

 

Reason:

In accordance with Policy TT3 of the Adopted Island Plan 2011 (Revised 2014).

 

 

13.      No part of residential Blocks A or B shall be occupied until the proposed windows indicated on approved drawings 4978/025A and 0978/027B have been fitted with graduated glass. Once implemented, the graduated glass shall be retained for the lifetime of the development.

 

Reason:

In order to safeguard the amenities of nearby residents in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

14.      Prior to any vehicular access to the site being first brought into use, details of the visibility splays to be provided shall be submitted to and approved in writing by the Department of the Environment. The splays shall be provided as approved and shall be retained for the lifetime of the development.

 

Reason:

In the interests of highway safety, in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

 

15.      No part of the development hereby permitted shall be occupied until the vehicular manoeuvring area(s) and respective car parking spaces intended to serve that part have been laid out, surfaced and provided with drainage as indicated on the approved plans. The car parking shall be retained solely for the use of the occupants of, and visitors to the development.

 

Reason:

To ensure that the development provides adequate provision for off-street parking and manoeuvring for users of the site, in the interests of highway safety and the general amenities of the area, in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

16.      No later than 6 months following the substantial completion of Block C, Details of the bus shelter to be erected at School Road shall be submitted to and approved in writing by the Department of the Environment. The shelter shall be provided in the location shown on the approved plans and in accordance with the provisions of the Phasing Plan approved under condition 2. It shall thereafter be retained unless otherwise agreed in writing by the Department of the Environment.

 

Reason:

In the interests of promoting sustainable patterns of development, in accordance with Policies GD1, TT9 and SP6 of the Adopted Island Plan 2011 (Revised 2014).

 

 

17.       No part of the development hereby permitted shall be occupied until a Travel Plan has been submitted to and approved in writing by the Department of the Environment. The approved Plan shall be implemented in full over the period covered.

 

Reason:

In the interests of promoting sustainable patterns of development, in accordance with Policies TT9 and SP6 of the Adopted Island Plan 2011 (Revised 2014).

 

 

18.         Within three months of 50% of the flats hereby permitted being occupied, a children's play space or play spaces shall be constructed on site and thereafter made available to the occupants of the development hereby approved. The details of that play space or spaces shall be submitted to and approved in writing by the Minister in advance of their construction.

 

Reason:

To ensure satisfactory provision of play space in accordance with Planning Policy Note No 6

 

Reason for Decision:

The Minister agrees with the recommendation 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:

Deputy S Luce

 

 

 

 

 

Position:

Minister

Date Signed:

 

 

 

 

 

Date of Decision (If different from Date Signed):

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