Le Rocher Rouge, Les Ruisseaux, St. Brelade: Planning Application (RP/2017/0760): Appeal Decision

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A decision made 19 February 2018:

Decision Reference: MD- PE- 2018 – 0013

Decision Summary Title:

Appeal Decision – Le Rocher Rouge, Les Ruisseaux, St Brelade (RP/2017/0760)

Date of Decision Summary:

31 January 2018

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- Le Rocher Rouge

Date of Written Report:

30 January 2018

Written Report Author:

Philip Staddon BSc, Dip, MBA, 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 for “Revised Plans to P/2015/0632 (Demolish existing dwelling. Construct 1 No. four bed dwelling.) Remove approved ground floor extension to West elevation and construct second floor extension to North elevation” at Le Rocher Rouge, Les Ruisseaux, St Brelade (RP/2017/0760)

Decision:

The Minister dismissed the appeal and modified the original Decision.

Planning Permission is granted subject to the following conditions:-

1. Prior to commencement of the development hereby approved, a Demolition/Construction Environmental Management Plan shall be submitted to and approved by the Department of the Environment. The Demolition/Construction Environmental Management Plan shall be thereafter implemented in full until the completion of the development and any variations agreed in writing by the Department prior to such work commencing. 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 not be limited to:

A. A demonstration of compliance with best practice in controlling, monitoring, recording and reporting on any emissions to the environment (such as noise and vibration, air, land and water pollution);

B. Details of a publicised complaints procedure, including office hours and out-of-hours contact numbers;

C. Details of any proposed crushing/ sorting of waste material on site;

D. Specified hours of working;

E. Location of the site hut and storage of materials on site;

F: Location and frequency of delivery vehicles to site;

G: Location of construction vehicles and machines.

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).

2. Prior to commencement of the development hereby approved, a scheme of landscaping shall be submitted to and approved in writing by the Department of the Environment. The scheme of landscaping shall provide details of the following;

all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain on the site;
the position of all new trees and/or shrubs, this must include the species of plant(s)/tree(s) to be planted, their size, number and spacing and the means to be used to support and protect them;
other landscape treatments to be carried out including any excavation works, surfacing treatments, or means of enclosure;
the measures to be taken to protect existing trees and shrubs;
the presence of any invasive plant species on site, and if present, a detailed method statement for the removal and long-term management/ eradication of the species; and,
a landscape management plan for the maintenance of the landscaped areas.

Once agreed, 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 of the Adopted Island Plan 2011 (Revised 2014).

3. Prior to the commencement of development, a detailed Waste Management Plan shall be submitted to and approved in writing by the Department of the Environment. Following written approval, waste management shall be implemented in full accordance with the approved Waste Management Plan. Any variations shall be agreed to in writing by the Department of the Environment prior to the commencement of such work.

Reason: To protect the amenities of the occupiers of neighbouring properties and the visual amenities of the surrounding area, in accordance with Policies GD1 and WM1 of the Adopted Island Plan 2011 (Revised 2014).

4. Prior to commencement of the development hereby approved, samples of all external materials to be used (including any hard landscaping materials) shall be submitted to and approved in writing by the Department of the Environment. The approved materials shall be implemented in full and thereafter retained as such. Details of all materials including windows, downpipes, hoppers, gutters, roof materials, render finish and road/footpath/driveway surfacing. The approved scheme shall be implemented in full and shall be retained as such.

Reason: To promote good design and to safeguard the character and appearance of the surrounding area, in accordance with Policies GD1 and GD7 of the Adopted Island Plan 2011 (Revised 2014).

5. Prior to commencement of the development hereby approved, an Ecological Assessment of the site must be submitted to and approved in writing by the Department of the Environment. The Ecological Assessment shall be undertaken by a suitably qualified person and to a methodology to be first agreed in writing by the Department of the Environment. All mitigation measures shall be carried out in full and in accordance with the recommendations of the Ecological Assessment.

Reason: To ensure the protection of all protected species in accordance with Policies NE1, NE2 and NE4 of the Adopted Island Plan 2011 (Revised 2014).

6. The findings and required mitigation measures outlined in the Ecology Assessment shall be implemented prior to the commencement of development, continued throughout the phases of development (where applicable) and thereafter retained and maintained as such. Any variations that may be required as a result of findings on site are to be agreed in writing by the Department of the Environment prior to works being undertaken.

Reason: To ensure the protection of all protected species in accordance with Policies NE1, NE2 and NE4 of the Adopted Island Plan 2011 (Revised 2014).

7. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2011 (or any order revoking and 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 the dwelling (to include a conservatory);

- Free standing buildings within the curtilages of the dwelling;

- Addition or alteration to the roof;

- Erection of a porch, and

- Any windows or dormer windows.

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 GD1 of the Adopted Island Plan 2011 (Revised 2014).

INFORMATIVE

Be aware that the site has been identified as having the possible presence of protected wildlife species. It is the responsibility of the applicant to inform all site workers of the possibility of protected species on site and the implications under the Conservation of Wildlife Law (2000) and you are advised that it is your duty under the Law to stop work and notify the Department of Environment on +44 (0) 1534 441600 immediately should any species be found.

Reason for Decision:

The Minister agreed with the recommendation of the Inspector.

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):