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A decision made 30 July 2010 regarding: Broad Street Cafe - increase size of service hatch.

Decision Reference: MD-PE-2010-0085			Application Number: P/2010/0900 (If applicable)
Decision Summary Title :	Broad Street Cafe, Broad Street, St. Helier, JE2 3RR		Date of Decision Summary:		30th July 2010
Decision Summary Author:	Planner - G Way		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written and oral		Person Giving Oral Report:		Assistant Director - Peter Le Gresley
Written Report Title :	AA-HXT – Application assessment sheet house extensions		Date of Written Report:		23rd July 2010
Written Report Author:	Planner - G Way		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Broad Street Cafe, Broad Street, St. Helier, JE2 3RR Increase size of existing service hatch.
Decision(s): The Minister for Planning and Environment was consulted with regard to planning application P/2009/1860 after he provided advice to the applicant following the Department’s decision to maintain refusal in respect of a request for reconsideration. The Minister approved the application to increase the size of the serving hatch at Broad Street Café, Broad Street, St. Helier on 30th July 2010.
Reason(s) for Decision: The Department concluded that is was not convinced that other ways of running the business had been sufficiently explored, that would result in a less detrimental impact on the character of the historic building. The proposed increase in the size of the serving hatch is considered to have a negative impact on the character and fabric of the historic building and is consequently contrary to Policy G13 of the Jersey Island Plan, 2002.’ Notwithstanding the Department’s advice, the Minister wished to approve the application on the basis that the existing opening in the elevation is not original and is not fit for the current café use. This larger opening serves the use in a more appropriate manner. Details of the opening are required to be overseen by a design expert, including the shutter design, quoins and cill positioning. The cill granite must be cut granite to match. Conditions/ Reasons to be attached to permission: Condition(s) 1. All new external and internal works and finishes and works of making good to the retained fabric, shall match the existing original work adjacent in respect of methods and materials, detailed execution and finished appearance unless otherwise approved in writing by the Minister for Planning and Environment. 2. Prior to the commencement of the works hereby approved, full constructional drawings in the form of elevations and sections to a scale of 1:20 and 1:5, fully detailing the shutters, surrounds, quoins and cill design and its relationship to the adjoining fabric shall be submitted to and agreed with the Minister for Planning and Environment, and installed in complete accordance with the approved details. 3. The granite proposed for the cills and surround to the new opening, hereby approved, shall be cut granite to match the existing. 4. Prior to the commencement of a development an historic buildings specialist shall be appointed to supervise the finishes and detailing of the works hereby approved. Details of the appointed specialist shall previously have been approved in writing by the Minister for Planning and Environment and the scheme shall be completed to the appointed specialist’s satisfaction confirmation of which shall be submitted in writing to the Minister prior to the building as altered coming into use. Reason(s) 1. To ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the building under the provisions of Policy G13, of the Jersey Island Plan 2002 2. These details are not included in the application and are required to be submitted and approved by the Minister for Planning and Environment to ensure that the character of the building in which they are to be inserted is not harmed, in accordance with Policy G13 of the Jersey Island Plan, 2002. 3. In order to safeguard the character of this building, registered as a Building of Local Interest, in accordance with Policy G13 of the Jersey Island Plan, 2002. 4. In order to safeguard the character of this building, registered as a Building of Local Interest, in accordance with Policy G13 of the Jersey Island Plan, 2002.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature: Senator F E Cohen		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed): 30th July 2010

Broad Street Cafe - increase size of service hatch

ASS-HXT – APPLICATION ASSESSMENT SHEET

HOUSE EXTENSIONS

AND OTHER SMALL SCALE PROPOSALS

Application No:	p/2010/0900
Address:	Broad Street Cafe, Broad Street, St. Helier, JE2 3RR
Description of Work:	Increase size of existing service hatch.
Zones/Listed:	Building Of Local Interest Built-Up Area Pedestrian Improvement Area Town Centre Town Map Area Potential Conservation Area

Policy Considerations:

Policy G13 presumes in favour of the preservation of the architectural and historic character and integrity of registered buildings and places. G13 also requires that sufficient information is submitted against which the impact on the fabric and appearance of the building can be assessed.

Policy BE2 seeks to protect the local historic character and open spaces and trees, regenerate outworn areas of town, to remove eye-sores and relocate un-neighbourly uses, promote a positive contribution to the viability and vitality of the town and promote high quality developments.

Policy BE3 seeks to promote the viability and vitality of the town centre by resisting the loss of existing ground floor retail units to non-retail uses, resisting the loss of residential units within the town centre, assisting with the relocation on un-neighbourly uses, supporting the conversion of under-utilised upper floors to residential, preserving the covered markets, supporting al fresco activities, pedestrian improvements, streetscape enhancements and reducing the adverse effects of traffic.

MATERIAL CONSIDERATIONS:	OK	NOT OK or MARGINAL
· No history that affects this application Permission refused for the increase in the size of the serving hatch, which included the removal of the lower quoins to the floor. P/2009/1860 - 23/12/09. An R for R was submitted and the decision was maintained because of its negative impact on the character of the registered building.	RELEVANT HISTORY
· Design
In keeping	NOT IN KEEPING
Subservient to main building	No
Windows & Doors sympathetic	No
Materials	Ok
· Impact on Neighbours
Overlooking	n/a
Overbearing	n/a
· Car Parking and Highways	n/a
· No Consultations	HET – Objects (6/7/2010)
· Any Consultee Objections addressed	N/A	Describe
· No Objections	None
· Drainage	n/a
· No other Issues	none

JEP ADVERT	22/6/10
SITE NOTICE	21/6/10
SITE VISIT DATE	Not visited for this application – previously visited in 2009.

SUMMARY

The proposal involves the increase in the size of the existing serving hatch to provide a wider serving section on the north elevation. The reason for this is set out in the Agent’s letter dated 11th June 2010 and submitted as part of the application. Mainly to improve service for customers who do not wish to wait in a queue, when there are many other similar outlets in the vicinity. It also states that this will help to employ a further 2-3 more people. The agent also refers to policy BE3 which aims to support al fresco proposals, as such this is not however a proposal for al-fresco, since this is already an approved and established use on the pavement for the purposes of the café.

The existing hatch is 1m high by 1.2m wide. The opening is proposed to measure 2.7m wide by 1.5m high. The proposed opening is not to the floor, whereas the previous refusal was. However, timber doors are proposed across the hatch similar to the original proposal, with two doors appearing as ‘dummy’ doors in addition.

The Historic Environment Team consider the principle of an opening this large in this historic building, designed as a Victorian toilet building to have a negative impact on the character and appearance of the building, which is a designated Building of Local Interest.

There are other alternatives, such as providing a moveable serving counter outside which aids queuing for customers. It is not therefore considered that alternative business ideas have been sufficiently explored, that seek to protect the fabric of the historic building. Consequently it is considered that the scheme causes unreasonable harm to the character of the property, which the current café business uses, and is contrary to Policy G13 of the Jersey Island Plan.

RECOMMENDATION REFUSAL

RFA

(Reasons

for Approval)

NONE

Any Conditions/

Reasons

Reason:

The Department is not convinced that other ways of running the business have been sufficiently explored, that would result in a less detrimental impact on the character of the historic building. The proposed increase in the size of the serving hatch is considered to have a negative impact on the character and fabric of the historic building and is consequently contrary to Policy G13 of the Jersey Island Plan, 2002.

Officer	Gabrielle Way
Signature			Date:	23/7/10
Drawings to be approved
Endorsed by:		Date: