Esplanade Quarter: Determination of applications

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A decision made on 30 July 2010 regarding the determination of Esplanade Quarter applications

Decision Ref:	MD-PE-2010-0081
Subject:	Determination of Esplanade Quarter applications (PP/2008/1680 and P/2008/1681)
Decision Summary Title:	DS – Esplanade Quarter determination
DS Author:	Principal Planner
DS Date:	28 July 2010	DS Status:	Public
Written Report Title:	WR - The Esplanade Quarter.
WR Author:	Principal Planner- Waterfront
WR Date	27 July 2010	WR Status:	Public
Oral Rapporteur:	Principal Planner- Waterfront
Decision(s):	The Minister for Planning and Environment resolved to: 1. grant outline conditional approval for the development of Esplanade Square for a mixed use development to also include underground parking associated roadworks and landscaping (PP/2008/1680); 2. sign the Planning Obligation Agreement (POA) for the development of Esplanade Square (PP/2008/1680); 3. defer determination of the detailed planning application for the excavation and enabling works to form basement car park, new underground road tunnel and other associated road works and general infrastructural works at the Esplanade Quarter (P/2008/1681)
Reason(s) for Decision:	1. Having had regard to all material considerations, including the recommendation of the Planning Inspector who conducted the Planning Inquiry into the scheme, the Minister for Planning and Environment considers that the outline planning application (PP/2008/1680) accords with the Esplanade Quarter Masterplan approved as Supplementary Planning Guidance in 2009; 2. The Minister considers that the award of outline conditional approval in relation to (PP/2008/1680) and the entering into of the associated Planning Obligation Agreement for this scheme will provide a complete regime of control over the development, particularly when the other signatories to the POA have already confirmed they accept and agree with the terms of the POA and the powers and safeguards imposed by it; 3. The Minister remains to be convinced that all the necessary safeguards are in place in order that the infrastructure works proposed as part of the application P/2008/1681 will be completed in their entirety and that, if they were begun but left uncompleted, the implications for the Island would be substantial and detrimental. Consequently, the Minister is deferring determination of the detailed application (P/2008/1681).
Legal and Resource Implications:	1. The Minister for Planning and Environment is enabled to determine planning applications and to enter into Planning Obligation Agreements under the relevant provisions of the Planning and Building (Jersey) Law 2002; 2. There are no additional resource implications arising for the Minister in relation to this determination.
Action required:	1. Circulate POA to all signatories for signature; 2. Sign and issue the permit for PP/2008/1680 upon attainment of the signature of all signatories to the POA; 3. Continue to seek the requisite information in relation to the infrastructure works proposed as part of the application P/2008/1681 to enable subsequent determination.
Signature:		Date of SMT approval:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Esplanade Quarter: Determination of applications

PLANNING AND ENVIRONMENT

The Esplanade Quarter

Purpose of Report

The purpose of the Report is to allow the Minister to approve PP/2008/1680 which is an outline application for:

Mixed use development of 16 separate building blocks ranging from 5 to 9 storeys high comprising offices, retail and restaurants, 388 residential apartments, 65 self-catering units, wintergardens, a boutique hotel, public open spaces. 2 floors of underground car parking comprising of 900 private spaces and 520 public spaces and associated works including a new underground road tunnel and other associated roadworks and landscaping,

and to defer P/2008/1681 which is a detailed application for:

Excavation and enabling works to form basement car park, new underground road tunnel and other associated road works and general infrastructural works.

In conjunction with the approval of PP/2008/1680 the Minister will sign a Planning Obligation agreement (POA) under Article 25 of the Planning and Building (Jersey) Law 2002. The co-signatories to the POA will be the Treasury Minister, the Minister for Transport and Technical Services and the Waterfront Enterprise Board.

Background

In 2008 the two applications noted above were submitted and were the subject of a Planning Inquiry. The Inspector recommended to the Minister that he should grant consent for both subject to conditions and subject to the preparation of a POA to cover these matters that would not be addressed by conditions. His Report is attached See Appendix 2 as is the report to the Minister on the Inspector’s findings. See Appendix 1.

The terms and details of the outline planning consent (PP/2008/1680) and the conditions to accompany it have now been resolved. A POA has been prepared and is ready to sign. The Minister is satisfied that in combination, the terms of the planning conditions and the contents of the POA impose a tight but justifiable control of the proposed development. The Minister is not prepared to grant consent for the detailed application (P/2008/16801) at this time as he remains to be convinced that all the necessary safeguards are in place in order that the infrastructure works proposed as part of that application will be completed in their entirety. If they were begun but left uncompleted the implications for the Island would be substantial and detrimental.

The Minister’s accepts that the outline planning application (PP/2008/1680) reflects the Esplanade Quarter Masterplan approved as Supplementary Planning Guidance in 2009 and in order to endorse that guidance and to confirm support for the principles of the scheme there is no reason to delay a decision in relation to this application.

Recommendation:

· Approve PP/2008/1680 and sign the POA to which it refers.

· Defer P/2008/1681 and seek further information from the

applicants prior to determination.

Reason for Decision

The Minister is obliged to determine planning applications when he has all the information required to do so and when all the necessary safeguards are in place. The outline application conforms with the Esplanade Quarter Masterplan and has the added and necessary protection of the POA to support it.

Legal and Resource Implications

None.

Action Required

i. Circulate POA to all signatories and have signed

ii. Sign and issue the permit for PP/2008/1680