Government of Jersey

Information about the publication of Ministerial Decisions

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
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A decision made 30 September 2011 regarding:

Decision Reference: MD-PE-2011 -0091

Application Number: P/2010/1901

(If applicable)

Decision Summary Title :

Fields 516, 517 & 518, La Rue de Patier, St. Saviour

Date of Decision Summary:

28 September 2011

Decision Summary Author:

Assistant Senior Planner –

K Whitehead

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Fields 516, 517 & 518, La Rue de Patier, St. Saviour

Date of Written Report:

23 September 2011

Written Report Author:

Assistant Senior Planner –

K Whitehead

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Fields 516, 517 & 518, La Rue de Patier, St. Saviour

Construct retirement village comprising 44 No. private apartments, 58 No. social rented apartments, 86 No. private cottages, 30 No. social rented bungalows, 21 No. room care home and community centre. Model Available. EIA Submitted. AMENDED PLANS: Construct retirement village comprising 100 No. private cottages, 32 No. social rented bungalows, 48 No. social rented apartments, 42 bed care home and community centre. Model revised and available. Revised EIA submitted. AMENDED PLANS: Alterations to layout. AMENDED PLANS: Alterations to boundary treatments and additional landscaping details.

Decision(s):

The Minister considered the subject application at his public Ministerial Meeting on 12th September 2011 and received written and oral representations from Elected Members, the public, applicants and agents. Having due regard to the relevant policies of the Adopted Island Plan 2011, together with other relevant policies and all other material considerations, including the consultations and representations received, the Minister decided to defer his decision pending a site visit, further negotiations with the applicants on the Planning Obligation Agreement and further consideration of the access to La Chasse Brunet.

The Minister duly visited the site on 28th September 2011. Following the site visit, the Minister was concerned over the loss of five large Oak trees on the northern and eastern boundaries and requested revised plans to be submitted retaining those five trees and the relocation of a bin store. These plans have been revised in accordance with the Minister’s requirements.

The Transport and Technical Services Minister and the applicant have agreed for the matters listed in the attached written report to be included in the Planning Obligation Agreement with regards to the highways infrastructure contributions. In relation to the access to La Chasse Brunet, the Minister has considered the representations made regarding the volume of traffic at peak times and subsequent impact on the surrounding residents. In order to mitigate this impact, it has been recommended as a condition to install rising bollards at this access to restrict vehicles from using the access during peak times.

In light of the above, the Minister decided to approve the development, subject to the applicants entering into a suitable legal agreement pursuant to Article 25 of the Planning and Building (Jersey) Law 2002 (as amended) to cover those matters listed in the attached written report.

The Minister further decided that the Director - Development Control be authorised to GRANT planning permission under powers delegated to him subject to the conditions and reasons set out in the attached written report and also subject to the prior completion of the planning obligation agreement referred to above.

Alternatively, in the event that a suitable planning obligation is not agreed within three months of this decision, the Director - Development Control be authorised to REFUSE the grant of planning permission.

Reason(s) for Decision:

The proposed development is considered to be acceptable having due regard to the relevant policies of the Adopted Island Plan 2011, together with other relevant policies and all other material considerations, including the consultations and representations received. In this case, the proposed retirement village development is regarded as acceptable because it accords with Policy H2 and Projet P.75/2008 and subsequent Development Brief to provide good quality accommodation, care facility and support for the Island's ageing population.

In addition, the representations raised to the scheme have been assessed. Consideration has been given to the character of the area and the potential harm to the amenities of the neighbouring residents and on balance these issues were found not to be unreasonable, and the Minister has by conditions imposed upon this permission and a Planning Obligation Agreement sought to control and mitigate any potentially unreasonable impacts.

Resource Implications: None

Action required:

Notify Agent, Applicant and all other interested parties

Signature:

Deputy R C Duhamel

PLeg / AS

Initials

Position:

Minister for Planning and Environment

Date Signed:

30 September 2011

Date of Decision (If different from Date Signed):

Fields 516, 517 & 518, La Rue de Patier, St Saviour - Planning Application P/2010/1901: Deferment of Decision

Department of the Environment

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Department of the Environment

Written Report for Ministerial Decision

28 September 2011

Following the Ministerial Meeting of 12th September 2011 at which the report below was presented, discussions and further negotiations between the Minister for Planning and Environment, the Minister for Transport and Technical Services and the applicant occurred with regards to the Planning Obligation Agreement and conditions to be attached to the planning permission. Therefore the agreed matters to be included in the Planning Obligations Agreement and the conditions to be attached to the planning permission are as follows:

Planning Obligation Agreement

A Planning Obligation Agreement pursuant to Article 25 of the Planning and Building (Jersey) Law 2002 (as amended) and in accordance with Policy GD4 of the Island Plan 2011 to include:

a) Forty-eight apartments and two bungalows on Field 518 hereby approved may only be sold or transferred to a social housing landlord (being the Public, a Parish or a Housing Trust), approved for that purpose by the Minister for Housing, for rental to persons meeting the required qualifications as set in condition 1d below, as well as any additional allocation criteria applied for the time being by that Minister.

b) Thirty bungalows on Field 518 shall be ceded to the Parish of St Saviour free of charge for rental to persons meeting the required qualifications as set in condition 1d below. This shall follow within 3 months of practical completion of the 30th bungalow in Field 518.

c) One hundred open market cottages shall be provided on Fields 516, 516a and 517 to persons meeting the required qualifications as set in condition 1d below. Each unit shall be used and occupied at all times as the only and principal home and shall not be used as a second home or a holiday home.

d) All dwellings hereby approved (with the exception of the warden's unit) shall only be occupied by persons of a minimum age of 55 years, in perpetuity. In exceptional circumstances, the Minister may vary the planning obligation to allow occupancy by younger disabled people, for the period of that person’s occupation, provided a medical case is made which is supported by the Parish of St Saviour and the Minister for Housing. In addition, with the exception of full-time carers, lodgers and paying guests will not be permitted and accommodation for family (i.e. brother, sister, daughter, son, step-child, parent, grandparent or grandchild) will be restricted to a maximum of 45 days in total per annum.

e) The community centre shall be constructed in accordance with the approved plans. The community centre shall be operated on a not-for-profit basis by a professional organisation and made available to all residents within the hereby approved development and the wider community.

f) The care home shall be constructed in accordance with the approved plans and made available for the permitted use.

g) No more than 72% of the open market cottages on Fields 516, 516a and 517 shall be occupied until such time as the community centre, social rented apartments and bungalows on Field 518 are practically completed and the care home constructed and all are ready for occupation for the permitted use.

h) The warden’s unit within the community centre shall occupied by a person or persons operating and maintaining the community centre, in perpetuity, and shall not be sold or let or otherwise disposed of separately from the community centre. The warden’s unit shall not be used other than as ancillary residential accommodation to the community centre.

i) Within 3 months following practical completion of the thirtieth Parish bungalow on Field 518, eight parking spaces as specified on drawing 24676/C/10/03/P3 [States Reference ET] located on the boundary of Field 518 and La Chasse Brunet shall be completed and ceded to the Parish free of charge. No more than 72% of the open market cottages on Fields 516, 516a and 517 shall be occupied until such time as this has happened.

j) The Planning Obligation Agreement shall contain a negotiated financial sum of £195,500 towards the provision by the TTS Minister of a zebra and refuge crossing on St Saviours Hill, a road side footpath along the northern edge of St Saviours Hill to include a road widening for dual cycle and pedestrian use, a virtual footpath along the western edge of La Chasse Brunet, 2 bus shelters on St Saviours Hill and infrastructure works for the bus stop on the northern side of the St Saviours Hill. The agreed financial sum will be in the form of a bond/guarantee and provided prior to first occupation of the development. No unit shall be occupied unless and until such time as the sum has been paid to the States Treasurer.

k) The Developer shall provide a community bus service to be shared with the residents of this development and the residents of Belvedere, Princes Tower Road, St Saviour to a total financial contribution of £91,500. No more than 72% of the open market cottages on Fields 516, 516a and 517 shall be occupied until such time as this has happened.

l) The Developer shall appoint a Travel Plan Coordinator to carry out all the actions listed in the PBA Travel Plan contained within the approved document ‘Appendix K-Transport’ [States Reference EW]. The Travel Plan Co-ordinator will advise TTS of the progress of the Travel Plans every 6 months for a period of 5 years from the date of occupation of 50% of the dwellings on the Development. At 50% occupation, the roles and responsibilities of the Travel Plan Coordinator will be transferred from the Developer to the Management Company of the site. The roles, responsibilities and duties of the Travel Plan Coordinator along with the resources required to ensure the proper discharge of those duties shall be written into the constitution of the Management Company for the Development.

m) All financial obligations shall be index linked the "All Items Index of Retail Prices for Jersey" as issued by the Statistics Unit to the States of Jersey from the date of the agreement until the date on which such sum is paid.

n) Such other ancillary or incidental terms and conditions as the Minister for Planning and Environment considers reasonable and appropriate in the circumstances.

o) The developer shall be responsible for all the reasonable and proper costs of the Minister for Planning and Environment in the negotiation, preparation and completion of the Planning Obligation Agreement.

Condition(s)

1. The development shall be carried out strictly in accordance with the deposited plans and drawings except as required to meet the terms of Conditions 9, 15, 16, 18, 20 and 21 below. No variations shall be made without the prior written approval of the Minister for Planning and Environment.

2. Prior to the commencement of development, a Demolition and Construction Environmental Management Plan shall be submitted to and approved by the Minister for Planning and Environment. The Demolition and Construction Environmental Management Plan shall be thereafter implemented in full until completion of the development and any variations agreed in writing by the Minister for Planning and Environment prior to such work commencing. The Plan shall secure an implementation programme of mitigation measures to minimise the adverse effects of the proposal, and shall include:
i) A demonstration of compliance with best practice in relation to noise and vibration control, and control of dust and emissions;
ii) Details of a publicised complaints procedure, including office hours and out-of-hours contact numbers;
iii) Specified hours of working to be restricted to 0800-1800 Monday to Friday and 0800-1300 Saturdays and not at all on Sundays or Public Holidays;
iv) Details of any proposed crushing/ sorting of waste material on site;
v) Any other negative impacts arising from the Environmental Impact Statement [States Reference EE and EF] hereby approved.

3. Prior to the commencement of the development, the final Waste Management Plan shall be submitted to and approved in writing by the Minister for Planning and Environment. The Plan shall be implemented in full and any variation to the Plan having been agreed in writing with the Minister for Planning and Environment before the work is undertaken.

4. Unless otherwise agreed in writing with the Minister for Planning and Environment, the architect for the development as approved shall be retained for the duration of the construction period. The architect (or another architect approved by the Minister for Planning and Environment in writing before engagement), shall provide written confirmation to the Minister for Planning and Environment of the standard of construction for each dwelling unit prior to first occupation, together with a written endorsement/confirmation of the satisfactory final completion of the scheme.

5. Within 6 months the commencement of development, samples of all the materials to be used in the construction of the new development shall be submitted to and approved in writing by the Minister for Planning and Environment. The retained architect for the scheme is to specify all materials including windows, downpipes, hoppers, gutters, railings, roof materials, render finish and road/footpath/driveway surfacing. The approved scheme shall be implemented in full and shall be retained and maintained as such.

6. 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 to the any of the dwellings hereby approved without express planning permission first being obtained from the Minister for Planning and Environment:
i) Extension to the dwelling (to include a conservatory);
ii) Free standing buildings within the curtilages of the dwelling units;
iii) Loft or garage conversions;
iv) Addition or alteration to the roof;
v) Erection of a porch;
vi) Any windows or dormer windows;
vii) Hard surfacing;
viii) Container for the storage of oil;
ix) Satellite antenna, and
x) Fences, gates, retaining structures or walls.

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), no change of use is permitted of the care home and community centre without express planning permission first being obtained from the Minister for Planning and Environment.

8. A work of art shall be delivered in accordance with the advice of the appointed Approved Art Advisor and the Percentage for Art Statement [States Reference BW] which has been submitted to and approved by the Minister for Planning and Environment. The work of art must be installed prior to the first use/occupation of the development hereby approved unless otherwise agreed in writing.

9. Notwithstanding the details on the approved plans, the zebra crossing at St Saviours Hill is not approved.

10. Prior to the first occupation of the development hereby permitted visibility lines at the St Saviours Hill and La Chasse Brunet accesses must be provided in accordance with the approved drawings. A visibility clearway must be permanently retained, measured in horizontal section of 2.4 metres by 43 metres and in vertical section of 0.9 metres to 3.66 metres above road level.

11. No dwelling shall be occupied until the respective car parking spaces and manoeuvring area for each particular dwelling has been provided to the satisfaction of the Minister for Planning and Environment. Such areas shall, thereafter be permanently retained for the purposes of parking / manoeuvring.

12. The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Minister for Planning and Environment, a scheme of landscaping, which shall provide details of the following;
i) all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain on the site and on adjoining land within the same ownership;
ii) 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;
iii) other landscape treatments to be carried out or features to be created, for example, any excavation works, surfacing treatments, or means of enclosure;
iv) the measures to be taken to protect existing trees and shrubs;
v) the arrangements to be made for the maintenance of the landscaped areas;
vii) details of proposed hedgerow planting to include strengthening of site boundaries where appropriate, and
vii) grassland management.

The approved scheme shall be undertaken within the first available planting season and any trees which die, are removed or become seriously diseased within a period of five years from the date the planting first takes place, shall be replaced in the next planting season with others of a similar size and species.

The Landscape Architect (or another Landscape Architect approved by the Minister for Planning and Environment in writing before engagement), shall give written confirmation to the Minister for Planning and Environment that they are satisfied that the works are completed in accordance with the approved plans and the quality of the materials and workmanship is of the highest order.

13. Prior to the commencement of the development, an ecology survey shall be undertaken by a suitably qualified and competent person approved by the Minister for Planning and Environment and shall include:
i) confirmation as to which species are present or likely to be present;
ii) an estimation of population size;
iii) an assessment of the importance of the site in terms of population of the species affected and the likely effect of the development on such population;
iv) how the species make use of the site and whether there are connections to adjoining land or sites;
v) consideration should be given to non-breeding habitats upon which species present may depend.

Should the evidence of any protected species on site be verified, development may not commence until adequate mitigation measures and procedures have been submitted to and approved in writing by the Minister for Planning and Environment. Such mitigation measures shall be implemented in full.

14. No tree felling or hedge removal or any clearance works shall be undertaken between the period 1st March to 31st July in any calendar year unless a written statement has been submitted from a qualified and competent person confirming that there are no nesting birds or other protected wildlife in any of the trees or hedgerows to be felled or removed. The written statement shall be submitted to and approved by the Minister for Planning and Environment at least 5 working days in advance of any felling or clearance works.

15. Notwithstanding the details on the approved plans, the existing bank, vegetation and trees along the northern boundary abutting St Saviours Hill shall be retained until a scheme detailing the precise works to this bank are submitted to and approved in writing by the Minister for Planning and Environment.

16. Notwithstanding the details on the approved plans and documents, vehicular and pedestrian access shall be maintained at all times between the development on Fields 516, 516a, 517 and 518 and retained in perpetuity. At no point shall the road between Fields 517 and 518 (plot no. C59, C60 and B01) be gated or barriers introduced.

17. Before the development commences, precise details of the surface and foul water drainage shall be submitted to and approved by the Department. The approved scheme shall be implemented in full prior to first occupation of each phase and shall thereafter be retained and maintained as such.

18. The stair landing windows on the rear elevations of Cottages C11-C14 and C67-C70 shall be fitted with obscure glazing (and not applied film) and shall be retained as such thereafter.

19. Notwithstanding the information on the submitted drawings, within 6 months the commencement of development details of separated waste facilities, communal satellite television reception system (or other communications infrastructure), electric car charging points and proposed rainwater harvesting, shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implemented prior to first occupation and maintained in perpetuity.

20. Notwithstanding the details on the approved plans, there shall be no access, pedestrian or vehicular, to Clos de Patier in perpetuity.

21. Notwithstanding the details on the approved plans, rising bollards shall be installed at the access to La Chasse Brunet, upon the completion of the access and prior to the occupation of the cottages and apartments on Field 518, to the satisfaction of the Minister for Planning and Environment. The bollards shall be raised to restrict vehicular access, except for Emergency Vehicles, to La Chasse Brunet during peak hours, being 07:30-09:30 and 16:30-18:30 Monday to Friday inclusive, unless otherwise agreed to by the Minister for Planning and Environment. The Minister reserves the right to review the peak hours, in terms of their sufficiency.

Reason(s)

1. For the avoidance of doubt and in accordance with the requirements of Policies GD1 of the Adopted Island Plan 2011.

2. To ensure the development does not have an unreasonable impact on public health or the wider environment and to accord with Policies GD1 and H6 of the Adopted Island Plan 2011.

3. For the avoidance of doubt and in accordance with the requirements of Policies WM1 of the Adopted Island Plan 2011.

4. To safeguard the visual amenities of the area and to ensure the use of appropriate detailing in accordance with the requirements of Policies GD1 and GD7 of the Adopted Island Plan 2011.

5. To safeguard the character and appearance of the area and in accordance with the requirements of Policies GD1 and GD7 of the Adopted Island Plan 2011.

6. To enable the Minister for Planning and 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 Policies GD1 and H6 of the Adopted Island Plan 2011.

7. To enable the Minister for Planning and Environment to control the development and so safeguard the purpose for which the site was rezoned in compliance with the requirements of Policy GD1 of the Adopted Island Plan 2011.

8. To ensure the satisfactory provision of public art and to accord with the provisions of Policy GD8 of the Adopted Island Plan 2011.

9. The zebra crossing is considered not safe by TTS who are seeking the provision of a pedestrian refuge island, which may need to be accounted for in the proposed highway works, and to accord with Policies GD1 and H6 of the Adopted Island Plan 2011.

10. In the interests of highway safety, in accordance with Policy GD1 of the Adopted Island Plan 2011.

11. To ensure that the site has adequate car parking facilities in accordance with Policies GD1 and H6 of the Adopted Island Plan 2011.

12. To safeguard the character and appearance of the area in accordance with the requirements of Policies GD1 and NR1 of the Adopted Island Plan 2011.

13. To ensure protection of any protected species in accordance with the requirements of Policies GD1 and NR2 of the Adopted Island Plan 2011.

14. To ensure the protection of any nesting birds and any recognised species in accordance with the requirements of Policy GD1 and NR1 of the Adopted Island Plan 2011.

15. To safeguard the character and appearance of the area in accordance with the requirements of Policies GD1 and NR1 of the Adopted Island Plan 2011.

16. To protect against segregated development and to ensure satisfactory movement through the site, to accord with Policies GD1 and H6 of the Adopted Island Plan 2011.

17. To ensure satisfactory drainage arrangements in accordance with the requirements of Policies GD1 and NR1 of the Adopted Island Plan 2011.

18. To protect the amenities of adjoining neighbours and to accord with Policies GD1 and H6 of the Adopted Island Plan 2011.

19. In the interest of sustainable development and adequate service infrastructure, and to accord with Policies GD1 and H6 of the Adopted Island Plan 2011.

20. To protect the amenities of adjoining neighbours and to accord with Policies GD1 and H6 of the Adopted Island Plan 2011.

21. To prevent unacceptable levels of peak traffic on La Chasse Brunet and to protect the amenities of the surrounding residents, in accordance with Policy GD1 of the Adopted Island Plan 2011.

Department of the Environment

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Department of the Environment

Report for Ministerial Meeting 12 September 2011

Site Visit

1. Application Number

P/2010/1901

2. Site Address	Fields 516, 516A, 517 & 518, La Rue de Patier, St. Saviour.

3. Applicant	Dandara Jersey Limited

4. Description	Construct retirement village comprising 44 No. private apartments, 58 No. social rented apartments, 86 No. private cottages, 30 No. social rented bungalows, 21 No. room care home and community centre. Model Available. EIA Submitted. AMENDED PLANS: Construct retirement village comprising 100 No. private cottages, 32 No. social rented bungalows, 48 No. social rented apartments, 42 bed care home and community centre. Model revised and available. Revised EIA submitted. AMENDED PLANS: Alterations to layout.

5. Type	Planning

6. Date Validated	31/12/2010

7. Zones & Constraints	Built Up Area Approved Category A Housing Sites
Summary	The revised proposal for 180no. dwellings for the over 55s, a care home and community centre accords with the States decision in 2008 to rezone these fields for the provision of lifelong homes to meet the needs of the Island’s ageing population. The proposal is a high quality development; being designed by a renowned architect and containing many design features that emulate the character of traditional Jersey vernacular. The open nature of the development, courtyard arrangements and series of pathways through and around the village all encourage connectivity and community identity. The Environmental Impact Statement and other documents submitted propose mitigation measures to reduce the impacts of the development on the surrounding area. Conditions are recommended to ensure that these measures are implemented.
Department Recommendation	It is recommended that APPROVAL is granted for the development, subject to the applicants entering into a suitable legal agreement pursuant to Article 25 of the Planning and Building (Jersey) Law 2002 (as amended) to cover those matters listed in section 13k of this report. It is recommended that the Director - Development Control be authorised to GRANT planning permission under powers delegated to him subject to the conditions and reasons set out below and also subject to the prior completion of the planning obligation agreement referred to above. Alternatively, in the event that a suitable planning obligation is not agreed within six months of his being authorised in accordance with this recommendation, the Director - Development Control be authorised to REFUSE the grant of planning permission.

8. Site Description & Existing Use

Fields 516, 516a, 517, 518 La Rue de Patier, St Saviour comprises approximately 27 ¼ vergees of agricultural land. The 2011 Island Plan designates this site as Built-Up Area and the site is completely surrounded by residential properties.

The site is in close proximity to the Parish Hall and recreational facilities at the Grainville Pavillion on St Saviours Hill, and shopping facilities at Five Oaks.

9. Proposed Development

The proposal is to construct a mixed tenure (55% open market and 45% social rented) retirement village for the over 55’s comprising 100 No. private cottages, 32 No. social rented bungalows, 48 No. social rented apartments, 42 bed care home and community centre.

10. Relevant Planning History	On 16 July 2008, the States of Jersey approved Projet P.75/2008 which rezoned 8 sites throughout the Island for Category A housing, involving an area of land of approximately 58.5 vergees, through amendment of the 2002 Island Plan. This included the site comprising Fields 516, 516a, 517 and 518, St. Saviour. The Projet was in response to a need for affordable housing, in particular the provision of lifelong homes to meet the specific needs of older people (over 55) identified initially by the Island Wide Strategy for the Aging Population (ISAS) and subsequently by the Minister for Housing, Parish Connetables and confirmed by the Jersey Housing Assessment 2008-2012. The provision of new Category A homes on all of these sites will be subject to the same proportional split of tenure, such that 55% should be sold to older people (over 55) and 45% should be for ‘need’ and ‘affordability’. Projet P.75/2008 is largely in response to ISAS which raised the issue of the Island’s ageing population and identified the need to provide good quality accommodation for that sector of the community. Accordingly, the provision of land for lifelong dwellings (for people over 55) has a key role to play in providing this specific type of housing that is appropriately designed and which can play a part in supporting the Parish communities. The objective is that lifelong homes (for people over 55) to buy and rent, will be designed to accommodate both ‘fit’ and ‘less able’ people over the age of 55, in a socially supportive and stimulating environment which enables them to live independently for as long as possible in their own home. Subsequent to Projet P.75/2008, in February 2009, the Minister approved development briefs for these sites. These were to be used as a framework in preparing and submitting planning applications. Compliance with the Development Brief for Fields 516, 516A, 517, 518 St Saviour is further detailed in the below section a) Policy Considerations.

11. Consultations	The Minister for Health and Social Services in their letter dated 6 July 2011 stresses the need for a Care Home and a day facility as integral parts of the development. The facilities should meet the Joseph Rowntree standards and be fit for ‘lifelong’ homes. The need for the Care Home has been evidenced in the recent KPMG report that identifies that the existing Nursing Home capacity is due to be exceeded as early as December 2011. Over the next 30 years from 2010 to 2040 the population of residents over 65 will rise by 95% which will create a huge surge in demand for health and social services for elderly people and will overwhelm the current capacity. Given these challenges, H&SS support the proposal that provides a full range of accommodation, care and support on the site. Parish have not made a written representation to the scheme. However verbally, the Parish have confirmed that they support the revised scheme and the provision of 30no. bungalows ceded to the Parish. The revised scheme reflects the low density scheme as originally approved by the States in 2008. The Parish supports the improvements to La Chasse Brunet and provision of car parking on this road for Parishioners. Transport Policy and Highways Section of Transport and Technical Services have made two representations, one dated 22 February 2011 to the originally submitted scheme and a second dated 22 July 2011 to the revised scheme. There are several concerns from TTS regarding the scheme and the submitted Environmental Impact Statement and transport assessment. Firstly, the trip rates are not agreed and TTS consider the rates to be too low. This will impact on the mitigation measures outlined in the Environmental Impact Statement. Secondly, the proposed location of the site access opposite the Grainville Pavillion access is only acceptable if the required visibility is provided to the Grainville Pavillion access via the provision of a road side footpath and the removal of the tree impeding visibility. A road side footpath to the northern side of St Saviours Hill and the widening of the existing road side footpath on the southern side of St Saviours Hill is required to provide the required visibility for the new junction and the necessary pedestrian connectivity to the site. Thirdly, the crossing proposed is considered by TTS to be an unsafe form of crossing at St Saviours Hill. TTS are seeking the provision of a pedestrian refuge island, which TTS consider is the only safe and acceptable form of crossing for St Saviours Hill. Finally, TTS considers a contribution should be made to augment and improve the scheduled bus services would serve the community better than the provision of a separate bus operated independently and privately with no service level agreements or community control. A Planning Obligation Agreement is recommended to secure the provision of all of the above off-site highways improvements. Liquid Waste Section of Transport and Technical Services in their letter dated 24 January 2011 state that the originally submitted Environmental Impact Statement incorrectly stated that the maximum discharge rate of surface water from the site of 4.4l/s was agreed with TTS, when TTS required a maximum discharge rate for rainfall events up to 1 in 30 years return period. This was corrected in the revised Environmental Impact Statement submitted and TTS in their email dated 23 May 2011 confirm their acceptability of the discharge rate for rainfall events up to 1 in 30 years return period. The Environmental Impact Statement identifies sustainable urban drainage techniques to be incorporated within the proposal and these are fully supported by TTS. A condition is recommended in this regard. Solid Waste Section of Transport and Technical Services in their letter dated 2 June 2011 advise that a final Waste Management Plan should be conditioned on any permit to include the opportunity for TTS to review reuse and recycling targets, potential ground contamination and responsible purchasing, that each household should have the provision for recycling bins, and noting that the clinical waste facility is at Bellozanne. The applicant confirms that a final Waste Management Plan will be provided that will include the items raised by TTS and that each household will be provided with recycling bins. TTS confirm in their letter dated 3 August 2011 that they would support the scheme on this basis and providing that the Waste Management Plan is reviewed and agreed prior to commencement on site. A condition is recommended in this regard. Health Protection Team of Health and Social Services in its letter dated 23 February 2011 raise a number of issues relating to noise, dust, traffic and general issues. The applicant in light of these comments made revision to the Environmental Impact Statement. Health Protection in their letter dated 16 June 2011 make comments on the revised scheme requiring a noise survey post construction to evidence that no additional noise mitigation measures are required following the predicted levels in the Environmental Impact Statement, the adherence to a Construction Environmental Action Plan to include defined working hours, noise and dust suppression measures, that the design and layout of the care home will be subject to legal restriction, access for lifelong living is important and there should be adequate storage of small recycling containers in individual houses. A Construction Environmental Action Plan is recommended as a condition which covers the issues highlighted and the applicant confirms that each household will be provided with recycling bins. Natural Environment Section of Department of the Environment in its letter dated 28 March 2011, 23 May 2011 and 17 August 2011 state that although the site was formerly used for agricultural purposes, it has not been used as such for some time and consequently is covered in rough grassland and trees. The site is likely to support a range of animal species protected by the Conservation of Wildlife (Jersey) Law 2000 (as amended) (the Wildlife Law). The applicant is required to demonstrate that the proposed work will not contravene the Wildlife Law. Natural Environment recommends that a full ecological survey of the land takes place to identify what protected species occur there and what the population size of each protected species is. With this information, and should the development proceed, appropriate mitigation should be defined. A condition is recommended in this regard. Environmental Protection Section of Department of the Environment in its letter dated 23 February 2011 state that a final Waste Management Plan and a Construction Environmental Action Plan should be conditioned on any permit, prior to the commencement of works on site. A condition is recommended in each of these regards. Marine and Coastal Officer of Department of the Environment in their memo dated 13 January 2011 state that they have no comment to make on the application. Jersey Water in its email dated 5 January 2011 state that they have no comment to make on the application. Fire and Rescue Services in their email dated 10 May 2011 state that the care home will fall within the scope of the Fire Precautions (Jersey) Law 1977 and will require a Fire Certificate in order to operate as a care home. Health and Safety Inspectorate of Social Services in their letters dated 11 January and 10 May 2011 outline the requirements of the health and safety legislation and the applicant’s duty to comply with the Law. Historic Environment Team of Department of the Environment in its memo dated 2 March 2011 have no comment, however in their memo dated 11 May 2011 they required an assessment of the impact on the setting of the two neighbouring potential Listed Buildings from the proposed development. The applicant provided this assessment in their letter dated 16 June 2011 and the additional cross sections that form part of the drawing package. In their memo dated 25 August 2011 the Historic Environment Team state that the boundary treatments are appropriate to the setting of the neighbouring Listed Buildings affected by the development. Policy and Projects Section of Department of the Environment in its memo dated 21 March 2011 support the proposal provided that it complies with the Minister’s expectations as set out in the Development Brief. Department Architect of Department of the Environment presented the original scheme to the Jersey Architecture Commission on 7 February 2011. The Commission had concerns regarding the height, bulk and scale of the apartment buildings and their relationship with the surrounding housing. Particular concern was raised with the design and aesthetic treatment of the social rented apartments. Following the Commission’s comments, the scheme was revised to address some of the concerns and further justification was submitted by the project architect, Professor Robert Adam, on the design issues. The revised plans have been reviewed by the Department Architect who confirms that the revised proposal accords with the comments made by the Jersey Architecture Commission and therefore supports the revised scheme.
	All consultations and responses from the applicant/agent are attached with the background papers

12. Representations

The application has been advertised three times and has received a total of 75 letters from 43 individuals and 4 petitions from 2 groups.

The original scheme was advertised on 11 January 2011 and received 35 letters from 31 persons and 2 petitions. The nature of the concerns included:

overdevelopment and doesn’t meet development brief
size and scale of apartment blocks out of character with the area and will cause overbearing to neighbouring properties
concern of close proximity of Parish units to neighbouring properties north and south and subsequent loss of light and loss of privacy
concern of loss of light and loss of privacy from social rented apartments
increase in traffic generation and road safety in the general area
shortage of parking
concern over access and increase in traffic generation to La Chasse Brunet and road safety; suggest using La Rue de Patier or La Chasse Gardens
lack of footpaths along La Chasse Brunet
concern over access to Le Close de Patier including pedestrians
drainage concerns and flooding potential to surrounding areas
retention of boundary trees and hedgerows
concern over length of construction period and subsequent noise, dust and disturbance
potential for lofts to be converted
3 bedrooms not appropriate for retirement village
concerns over potential for younger persons to occupy and subsequent parking pressures
use of Community Centre and availability to the wider community
concern over exact boundary treatments and impact on adjoining properties

The scheme was revised and re-advertised on 10 May 2011. The revised scheme received 35 letters from 26 persons and 2 petitions. Many of the objections to the original scheme were re-iterated such as overdevelopment, the size and scale of the apartments, the impact of cottages close to the boundaries, increase in traffic and road safety issues, concern over access to La Chasse Brunet and Le Clos de Patier. Although the removal of the private apartments addressed some of the original objections, not all objections were resolved by the revised plans and thus many of the original objections still stand. The representations to the revised plans did raise specific and detailed boundary issues.

Further information was submitted altering the layout and defining boundary treatments and these were re-advertised a third time on 9 August 2011. No further representations have been submitted however not all objections were resolved by the revised plans and thus many of the original representations still stand.

The agent and the applicant have responded to the representations and these responses are provided in the background papers.

All letters of representation and responses are attached with the background papers

13. Planning

Assessment

a) Policy Considerations

Development Brief for 516, 516A, 517 and 518, St. Saviour

In terms of density, the Development Brief identifies a potential yield of 98 open market and 80 social rented lifelong dwellings for over 55. The proposal is for 100 open market and 80 social rented lifelong units. This represents approximately 37 dwelling units per hectare, which is a reasonable density in a suburban location.

The Brief also includes the provision of a 75 bed residential care and dementia home, guardian accommodation, indoor and outdoor recreational facilities, shop, surgery, car parking and amenity space. The proposal is for a 45 bed care home with no dementia unit, a warden’s unit within the community centre, indoor and outdoor recreational facilities, a community centre with four ‘units’ at ground floor, car parking and amenity space. Of the community facilities identified by the Development Brief, the proposal does not provide a surgery, however there are four ‘units’ at ground floor of the community centre, one of which could be used as a surgery.

The Brief identifies an agreement that 30 social rented lifelong dwelling would be given to the Parish of St Saviour free of charge. A public car park on La Chasse Brunet will be ceded to the Parish plus pedestrian improvements. The applicant has confirmed their agreement to cede to the Parish 30 lifelong bungalows, 8 parking spaces on La Chasse Brunet and pedestrian improvements, all of which will be secured through a Planning Obligation Agreement.

The Development Brief identifies that the retirement village will consist of a range of amenities and facilities which will be provided by the developer and managed on a non profit-making basis by an appropriate professional organisation, approved by the Planning and Environment Minister. The Brief also identifies that a planning obligation will seek to ensure that the communal social amenities, including the community centre are fully accessible to residents and the wider elderly community. A Planning Obligation Agreement is recommended in this regard.

The Development Brief also lists general and specific design criteria, which are addressed in the below sections on layout and design.

Overall, it is considered that the revised proposal complies with the Development Brief, subject to the Planning Obligation Agreement being entered into and the recommended conditions.

Planning and Building (Environmental Impact) (Jersey) Order 2006

The Order requires that proposed development that falls within Schedule 1 of the Order will require an Environmental Impact Statement to be provided in accordance with Article 13(1)(b) of the Planning and Building (Jersey) Law 2002. Schedule 1 (10)(2) specifies that the carrying out of an urban development project in excess of 10,000 square metres in floor area is prescribed development and requires an Environmental Impact Statement to the be provided.

An Environmental Impact Statement has been provided with this planning application in accordance with Article 13(1)(b) of the Planning and Building (Jersey) Law 2002 and Planning and Building (Environmental Impact) (Jersey) Order 2006.

Island Plan 2011

Policy GD1 General Development Considerations states that development proposals will not be permitted unless the proposal contributes towards a more sustainable form and pattern of development, does not seriously harm the natural and historic environment, does not seriously harm the amenities of neighbouring uses, contributes or does not detract from the Island’s economy, contributes to reducing the dependence on the car, and is of a high quality of design.These considerations will be addressed in more detail throughout the planning assessment below.

Policy GD4 Planning Obligations sets out that where additional infrastructure or amenities are required the Minister will negotiate the provision of appropriate facilities through the use of planning obligations. Planning Obligations will also be used to deliver the objectives of Policy H2 Category A Housing Sites.

Planning Obligations will be required to deliver the objectives of Policy H2 Category A Housing Sites, external highway improvements outside of the subject site and the provision of parking spaces ceded to the Parish. A Planning Obligation Agreement is recommended to be entered into to secure these objectives.

Policy GD7 Design Quality requires that a high quality of design that respects, conserves and contributes positively to the diversity and distinctiveness of the landscape and built context will be sought in all developments. The proposals reflects a high quality of design and this will be further detailed in the below section c) Architectural Design and Use of Materials.

Policy GD8 Percentage for Art states that the Minister will encourage the contribution of a percentage of design and development costs to the provision of public art. Percentage for Art has been proposed and will be provided in accordance with Policy GD8 and is recommended as a condition.

Policy NE1 Conservation and Enhancement of Biological Diversity presumes in favour of the conservation and enhancement of biological diversity in that the Minister will encourage and promote opportunities to conserve wildlife and create new natural habitats through appropriate design, layout, landscaping and plant species.

The proposal involves former agricultural land with mature vegetation along the boundaries of the site. The mature boundary vegetation will be retained as far as possible (except where accesses are required) and the proposal involves a significant amount of new landscaping proposals including features to enhance biodiversity. This will be detailed further in the below section h) Landscaping.

Policy NE2 Species Protection states that planning permission will only be granted for development that would not cause significant harm to animal or plant species protected by law, or their habitats.

Although the site was formerly used for agricultural purposes, it has not been used as such for some time and consequently is covered in rough grassland. An Environmental Impact Statement has been provided for this development which addresses Species Protection. However a further ecological survey is required prior to development commencing to confirm the presence or otherwise of any protected species under the Conservation and Wildlife (Jersey) Law 2000. This will be detailed further in the below section h) Landscaping.

Policy NE4 Trees, Woodland and Boundary Features states that these features will be retained, requiring trees and hedgerows to be protected during construction and proposals that do not adequately make provision for new landscaping will not be approved.

The mature boundary vegetation will be retained as far as possible (except where accesses are required) and their protection during construction will be contained within the Construction Environmental Management plan as recommended as a condition. This will be detailed further in the below section h) Landscaping.

Policy HE1 Protecting Listed Buildings and Places presumes in favour of the preservation of the architectural and historic character of listed buildings and places and their settings. There are two neighbouring potential Listed buildings to the site, but the proposal will not have an adverse impact on these sites.

Policy H2 Other Category A Housing states that the site is specifically zoned for the development of Category A housing, in the respective proportions of 55% lifelong homes to buy and 45% social rented homes, of the total number of dwellings provided on each site. In order to contribute to meeting the Island’s housing needs for older people (over 55), the subject site is approved for Category A Housing and planning permission for other forms of development will not be approved.

The proposal involves the construction of 180 lifelong homes for the over 55’s, in a mixed tenure of 55% to buy and 45% for the Parish and social rented. These objectives will be secured through a Planning Obligation Agreement.

Policy H6 Housing Development within the Built-Up Area states that proposals for new dwellings will be permitted within the Built-Up Area. The proposal complies with Policy H6 as it involves residential development within the Built-Up Area.

Policy TT4 Cycle Parking requires cycle parking provision in all new developments. The proposal involves cycle parking provision in accordance with Policy TT4.

Policy TT8 Access to Public Transport requires that all development of 10 units and above, should be within 400 metres of a bus service. Where the provision of a bus service is not available or the frequency of service is too low, the developer will be expected to support the provision of an appropriate public transport service.

Policy TT9 Travel Plans requires that residential development with more than 50 units of accommodation will be required to submit a travel plan.

An Environmental Impact Assessment has been submitted which includes a Transport Assessment and Travel Plan at Appendix K [States Reference EW]. The Transport Assessment proposes the implementation of a Travel Plan to promote sustainable modes of travel. A Planning Obligation Agreement is recommended to secure the implementation of the Travel Plan through a Travel Plan Coordinator for 5 years.

Policy NR1 Protection of Water Resources seeks to protect water resources by not normally permitting development that would have an unacceptable impact on the aquatic environment, including surface water and groundwater quality. The proposal will not have an unacceptable impact on the aquatic environment and this is detailed further in the below section g) Foul Sewage & Surface Water Disposal.

Policy NR2 Water Capacity and Conservation states that developments will not be permitted unless adequate water supply is made available at the time of development. The Minister will encourage water conservation and management measures to reduce water consumption and all major development proposals over 10 dwellings should submit a Water Conservation Strategy or statement of sustainability to demonstrate how this is to be achieved.

An Environmental Impact Statement has been submitted that addresses water capacity and conservation in Section 13.4, which identified sustainable urban drainage techniques. This is detailed further in the below section g) Foul Sewage & Surface Water Disposal. Further to this, the applicant has submitted a Sustainable Homes for Jersey 2011: St Saviours Retirement Village [States Reference FF] which details water capacity and conservation measures.

Policy NR3 Air Quality requires the submission of a full and detailed Air Quality Assessment in order to assess the extent of effects on air quality and the agreement of suitable mitigating measures and monitoring requirements.

An Environmental Impact Statement has been submitted which addresses air quality, particularly during construction, and the mitigation measures and monitoring requirements will be secured through the Construction Environmental Management Plan, recommended as a condition.

Policy NR7 Renewable Energy in New Developments requires developments of over 10 dwellings to incorporate on-site low carbon or renewable energy production equipment to off-set predicted carbon emissions by at least 10%, except where it is demonstrated that such provision would make the development unviable or where it would have an adverse visual or amenity impact.

The applicant has submitted a Sustainable Homes for Jersey 2011: St Saviours Retirement Village [States Reference FF] which details renewable energy measures.

Policy WM1 Waste Minimisation and New Development states that the Minister will encourage the minimisation of waste generated as part of construction activity and an increase in recycling, re-use and recovery of resources. Major developments over 10 dwellings will only be permitted where measures are taken to minimise the waste arising and to recycle, re-use and recover as much as possible of generated waste materials, and opportunities are taken to maximise on-site management of waste. Where inert waste generated cannot be re-used on site, it should be diverted for recycling with a licensed contractor. A Site Waste Management Plan shall be submitted with all major application, setting out the steps to be taken to minimise and manage waste generation both on and off the site during construction.

As the site is former agricultural land, there will be minimal amount of waste arising as a result of the development, with the exception of the excavation of the below ground basement car park, which will result in inert waste. The submitted Environmental Impact Statement addresses waste minimisation and this can be secured through a Construction Environmental Action Plan, recommended as a condition. This will be detailed further in the below section j) Waste Management.

Policy LWM2 Foul Sewerage Facilities provides that development which results in the discharge of sewerage effluent will not be permitted unless it provides a system of foul drainage that connects to the mains foul sewer. The proposal will be connected to mains foul sewer, in accordance with Policy LWM2 and is recommended as a condition.

Policy LWM3 Surface Water Drainage Facilities requires proposals for new development to incorporate Sustainable Drainage Systems into the overall design to ensure that surface water run-off is managed. Discharge rates will be required to be limited to pre-existing natural rates of run-off to avoid causing flooding.

It is proposed that the development will attenuate surface water runoff from the proposed site at an agreed discharge rate with TTS Liquid Waste. This is recommended as a condition.

b) Size, Scale

Form and Siting

The proposal consists 180no. dwelling for over 55s plus one warden’s unit within the community centre. Of the total 180no. dwellings, 132no. are one and half storey cottages. The open market cottages have one bedroom and bathroom in the roof space, whereas the parish and social rented cottages, although they are of the same size and scale as the open market cottages, do not have any living accommodation within the roof space. The parish and social rented cottages are referred to as bungalows, as they consist of accommodation only at the ground floor level, however the roof pitches match the open market cottages and thus they have higher profile than a typical bungalow design.

It was intentional to design both the open market cottages and parish/ social rented cottages to the same scale and form, so as not to draw too much distinction between the two types. There are architectural differences between the cottages, however, and these will be explored in the section below c) Architectural Design and Use of Materials. The scale of all the cottages is moderate, being one and half storeys, particularly for the There are architectural differences between the open market cottages that accommodate a bedroom within the roof space.

All cottages are ‘lifelong’ homes, designed to the Joseph Rowntree best practice standards. The ground floor consists of a double bedroom with accessible wet room, a second bedroom (for guests, carers or as a study), a large hallway with built-in storage, and a open plan kitchen, dining and living space. Each cottage complies with the model as required by the Development Brief.

The open market cottages have some additional features and extra accommodation, such as a conservatory and a bedroom and bathroom within the roof space. These additional features are supported as it provides a better level of accommodation than the minimum standards and provides greater flexibility of living, in the ethos of ‘lifelong’ homes.

The proposal also includes two apartment buildings comprising 48no. social rented apartments. All of these apartments are ‘lifelong’ homes, designed to the Joseph Rowntree best practice standards, as required by the Development Brief. Each apartment consists of a double bedroom with accessible wet room, a second bedroom (for guests, carers or as a study), a large hallway with built-in storage, and a open plan kitchen, dining and living space. The apartments mirror the ground floor of the cottages, thus residents can expect a high standard of accommodation across the entire development.

The apartment buildings sit within a courtyard arrangement with the care home at the eastern side of the arrangement. The apartment buildings and care home are three storeys with a mansard roof. There is a below ground, basement car park that connects the two apartment buildings and the care home facility.

The scale of the apartment buildings and care home is not significantly out of scale with the local area. The surrounding residential properties are predominately two and a half to three storeys and thus the apartment buildings and care home at three storeys is not out of character and cannot be considered a ‘tall’ building within its context. Within the site, the height of the cottages roof profile helps the transition between the cottages and the apartment buildings. However from outside the site, the scale of the three storey apartment buildings is not adverse or seriously damaging to the character of the area.

It is acknowledged that the apartment buildings and care home is situated at the higher end of the site, but it is the area that will have the least visual impact from long-ranging and skyline views. From an immediate visual perspective, the perceived mass and scale of the apartments and care home will be diminished by the one and a half storey cottages that surround them. The applicants have prepared a visual landscape assessment as part of the Environmental Impact Statement and this demonstrates how moderate the visual impact will be on the surrounding area.

The community centre features as a landmark building at the main entrance of the site from St Saviours Hill. This building is two storeys in size but at a much larger scale than a typical two storey building due to the architectural design. However the scale of the community centre is not incongruous with the surrounding one and half storey cottages, being in the middle of the site, and, as a landmark building, it should be of a more ‘grander’ scale in its context.

In the immediate and short term, there will be a major impact of any scale of development on these undeveloped fields. However, once completed, the scale of the cottages will be smaller than the surrounding buildings and the scale of the apartment buildings and care home will be only slighter greater. Overall, the scale of the development is not out of character in its context and will not have an adverse impact on the surrounding area.

c) Architectural Design and Use of Materials

The architectural design of the development is of a classical style designed by Professor Robert Adam, of Adam Architecture, in conjunction with Axis Mason. The open market cottages are arranged in individual courtyards with an open space in the centre of the courtyard. The open nature of the development, windows facing the courtyards, and series of pathways through and around the development all encourage residents to interact with passers by, whilst providing the actual and perceived security required by the residents.

The cottages are of traditional Jersey style and demonstrate local features such as the Jersey verge. There are architectural differences between the open market cottages and the parish/ social rented cottages in different gable details, porches, door cases, canopies and windows. The open market cottages have south facing conservatories or south facing bay windows. The cottages are timber construction with rendered walls, slate or pantile roofs, timber windows, and painted metal rainwater goods.

The social rented apartments and care home are arranged in a central garden courtyard which is open to the north, south and west. The three building are articulated by the use of detail; the care home has a rusticated base and lower eaves, whereas the apartments have arched ground floor windows and key entrances. The materials for the apartments and care home include rendered walls, stone columns/ cornices/ copings/ cills, etc, slate roof, timber windows and painted metal rainwater goods.

A condition is recommended that the architect for the scheme is retained for the duration of the construction period and for the retained architect to confirm to provide written confirmation to the Minister for Planning and Environment of the standard of construction for each dwelling, together with a written endorsement/confirmation of the satisfactory final completion of the scheme.

d) Impact In the

Landscape/Street

The existing site is an undeveloped, former agricultural field. Thus any development will have a major impact, simply from its transition from undeveloped to developed land. In addition to this undeveloped existing state, the gradient of the site varies significantly and thus the relationship between neighbouring properties and the street differs around the site.

From St Saviours Hill, the site is at a much higher level than the street and is bounded by a bank, mature vegetation and a granite wall in parts. The proposal is to maintain the bank, mature trees and granite wall as much as possible. The main impact will be site’s access that will need to be created in the middle of this boundary but this is not an unusual or adverse impact. Along this boundary, cottages are proposed to be located with gardens facing the street. Therefore the boundary treatment will be timber fences to provide privacy to the residents. The fences positioned on top of the existing bank and granite walls will obscure the visual impact of the cottages, as the cottages will be set back from the boundary, thereby reducing the visual impact to the street. The retention of the existing bank, mature trees and granite wall is key to limiting the adverse impact that this development may have on the streetscape of St Saviours Hill. A condition is recommended to ensure that this boundary is retained in its existing state as much as possible.

From La Rue de Patier, the site again is at a much higher level than the street and is bounded by a granite wall. There is no existing access and no proposed access to La Rue de Patier from this boundary as the difference in gradient is too great. The proposal is to retain the existing granite wall in its current state and to plant a dense landscape buffer along this boundary to prevent residents from walking too close to the edge. The dense landscape buffer on top of the existing granite wall will provide a positive impact to the street and will obscure much of the development from La Rue de Patier.

From La Chasse Brunet, the site is quite exposed and is at a slightly higher level than the street, but not as much as St Saviours Hill or La Rue de Patier. This boundary has mature trees along La Chasse Brunet and currently no boundary treatment along the access road to La Chasse Gardens. This streetscape will undergo the most change compared to the other road boundaries. The proposal is to retain as many of the mature trees along La Chasse Brunet as possible with the exception of one tree that obscures visibility to the access. The proposal also includes the provision of 8 parking spaces along La Chasse Brunet to be ceded to the Parish at no cost to lease to Parishioners along La Chasse Brunet who are without on-site parking. This additional parking provision to La Chasse Brunet will help to alleviate parking problems in the road, and while the creation of parking will have some impact in the streetscape, there will be a benefit to the street from the removal of on-street parking.

Overall, the existing gradient of the site means that the current boundary treatments are likely to remain largely as existing. This will reduce the impact of the development on the streetscape. There will be limited visual impact from St Saviours Hill and La Rue de Patier as the gradient of the site is higher than the road. The main impact will be to La Chasse Brunet, however the existing trees are to remain, with the exception of one, and the impact of the scale of the development is not adverse (as discussed in the section above b)Size, Scale, Form and Siting.

e) Impact on

Neighbours

The impact on neighbours in terms of the size, scale and density of development has been addressed elsewhere in this report. The specific and immediate impact on adjoining neighbours from boundary treatments and development in close proximity will be addressed in this section.

To the north of the open market cottages, lies St Saviours Hill and thus there are no immediate neighbours to this boundary. To the north east of the open market cottage on Field 517 is a potential Listed Building. The cottages are situated 15 metres from the side elevation and the proposed boundary treatment is granite faced to the potential Listed Building. The set back is not unreasonable given its context and the only windows that face this dwelling are stair landing windows, which will not result in an unreasonable level of overlooking. However a condition is recommended to require obscure glazing to ensure that there will be no potential for overlooking.

To the north east corner of Fields 517 and 518, where the open market cottages meet the parish cottages sits a two storey dwelling hard against the field boundaries. A three metre landscape buffer is shown around this dwelling and the bin store and cottage situated 6 metres from this dwelling. The cottages will be smaller than this two storey dwelling. The main aspect in front of the dwelling is clear of any building, being a turning area and road access. This clear space in front of the dwelling will reduce the impact of the development and the landscaping in the buffer area will again mitigate the potential impacts of the development. There are no first floor windows that face this dwelling and thus no overlooking potential.

To the north of the parish cottages on Field 518 are two storey dwellings. There are approximately 5 dwellings that are less than 10 metres to the boundary. The parish bungalows B01-B07 are set back 5 metres from the existing boundary and there are no windows at first floor level. The bungalows will be smaller than the neighbouring properties and there will be no potential for overlooking. The bin store has been moved 2 metres away from the boundary to reduce the impact to the neighbours. Parish cottages B08 and B13 are positioned with the gable elevation to the neighbouring properties to the north. These two neighbouring dwellings are two storeys and are situated close to the boundary. The parish cottages have been re-positioned further south so that there is approximately 2 metre set back between the existing boundary wall and the gable elevation of the cottages. Although there will be an impact to neighbours from these cottages, the impact will not be adverse or serious, given that the cottages are smaller than the neighbouring dwellings and are set back off the boundary. There are no windows at first floor level and there no potential for overlooking.

The parish cottages to the east of the site face onto La Chasse Brunet and therefore there is no immediate impact to neighbours on this boundary.

To the south of the parish cottages on Field 518 are two storeys dwellings situated on lower land than the site. The Parish cottages have been re-positioned and set back a further metre, leaving a 2 to 5 metre set back from the neighbouring properties. Given the level difference, the boundary treatment proposed is an 1800mm high timber fence positioned at the higher level of the Parish cottage gardens. This will prevent any overlooking from persons in the gardens. There are no windows at first floor and with the fence positioned at the higher level, ground floor windows and doors will be screened from the neighbours. With the boundary treatment in place there will be little overlooking potential.

The dwellings to the south of the open market cottages on Field 517 and 516 are on considerably lower land than the site. The open market cottages to this boundary have been set back 5 to 8 metres. Again, the boundary proposal is for an 1800mm high timber fence to be situated on the higher level to screen the ground floor windows and garden area from the neighbours. The open market cottages C67-C70 do have stair landing windows which are recommended to be fitted with obscure glazing to reduce the potential for overlooking.

To the south east of Field 516a the boundary fence is proposed to return to join the existing boundary treatment so that all access is closed to Le Clos de Patier. This will reduce the pedestrian permeability from the site to La Rue de Patier, however the residents of Le Close de Patier are very concerned that access would lead to a major disruption in their daily lives. The applicant has therefore proposed this boundary treatment restricts access to Le Close de Patier. To the south east of the Field 516a and adjoining La Rue de Patier is a potential Listed Building. As this boundary treatment remains unaltered, the setting of this Listed Building also remains unaltered.

To the west of the open market cottages on Field 516 are two storey dwellings. Again the cottages will be smaller than these neighbouring dwellings. The cottages on the western boundary are set back 15 to 20 metres which is a considerable distance for the context of this site. Although there are stair landing windows to the western boundary, given the large set back distance, there would be limited potential for overlooking.

Therefore the is limited impact on neighbours from the potential for overlooking and where this may occur, obscure glazing to stair landing windows are recommended. The main impact to neighbours from this development will be to the neighbours to the south that are on lower land than the site. However the cottages adjoining these southerly neighbours have been set back and boundary treatments are proposed at the higher level to reduce the impact of overlooking. It is considered that with these treatments and the recommended conditions, that the impact to neighbours will not be adverse or serious.

f) Access, Car

Parking & Highways

Considerations

The proposal involves the creation of two new accesses; one to St Saviours Hill opposite the Grainville Pavillion and one to La Chasse Brunet. The creation of the two accesses is necessary to accommodate the level of traffic expected from 180 dwellings. The main access will be to St Saviours Hill and it is predicted that this will accommodate the majority of the traffic.

The Transport Assessment undertaken as part of the Environmental Impact Statement confirms that St Saviours Hill and Le Chasse Brunet can accommodate the predicted level of traffic provided that the road improvements proposed as part of the development are carried out. A Planning Obligation Agreement is recommended to secure these off-site highways improvements.

The proposal involves the provision of two bus shelters directly outside the development. TTS also recommend a financial contribution for community bus services or to improve extant bus services. The proposal also includes the widening of the road side footpath along the southern edge of St Saviours Hill for the length of the site’s boundary (a distance of approximately 206 metres) and it is recommended that the applicant provide a road side footpath along the northern edge of St Saviours Hill for the length of the site’s boundary (a distance of approximately 187 metres).

The proposal includes improvements to La Chasse Brunet, being a virtual footpath along the western edge of La Chasse Brunet from the junction of La Chasse Brunet and St Saviours Hill to the corner of the site’s north western boundary and from the junction of La Chasse Brunet and Patier Road to the corner of the site’s south western boundary (a distance of approximately 188 metres). This virtual footpath will consist of bollards and a different coloured surface to indicate access for pedestrians. The bollards will reinforce the path as a priority for pedestrians, however as the road will remain two way, vehicles will need to pull over to allow an on-coming vehicle to pass. This will act as a traffic calming measure as well as providing an improved access for pedestrians. The virtual footpath will result in the loss of on-street parking, however this impact is off-set with the creation of eight parking spaces on the site which will be ceded to the Parish for free, for use by residents in La Chasse Brunet without on-site parking.

An Environmental Impact Statement has been submitted which includes a Transport Assessment and Travel Plan at Appendix K [States Reference EW]. The Transport Assessment proposes the implementation of a Travel Plan to promote sustainable modes of travel. A Planning Obligation Agreement is recommended to secure the implementation of the Travel Plan through a Travel Plan Coordinator for 5 years.

In accordance with the Development Brief, one parking space is provided for each dwelling. The parking spaces for the cottages are provided within the courtyard arrangements and parking for the apartments and care home are provided within the basement level of these buildings.

The Development Brief requires visitor parking to be provided at 1 per 4 units, equalling 45 spaces. However 47 visitor spaces have been provided. There are 33 surface visitor spaces but also 14 visitor spaces in the underground basement car park.

Parking for the care home is provided at 1 per 4 bedrooms in the underground car park, equalling 11 spaces. These spaces are not for those living at the care home, but for staff and visitors. There is a lay-by outside the care home for emergency vehicles and space within the basement car park for deliveries and waste collection.

The proposal involves cycle parking provision in accordance with Policy TT4.

g) Foul Sewage &

Surface Water

Disposal

The proposal will be connected to mains foul sewer, in accordance with Policy LWM2 and this is recommended as a condition.

In terms of Surface Water Drainage discharge rates will be required to be limited to pre-existing natural rates of run-off to avoid causing flooding. It is proposed that the development will attenuate surface water runoff from the proposed site at an agreed discharge rate with TTS Liquid Waste. This is recommended as a condition.

An Environmental Impact Statement has been submitted that addresses water capacity and conservation in Section 13.4, which identified sustainable urban drainage techniques. Further to this, the applicant has submitted a Sustainable Homes for Jersey 2011: St Saviours Retirement Village [States Reference FF] which details water capacity and conservation measures.

h) Landscaping

The proposal involves former agricultural land with mature vegetation along the boundaries of the site. Although the site was formerly used for agricultural purposes, it has not been used as such for some time and consequently is covered in rough grassland. An Environmental Impact Statement has been provided for this development which addresses Species Protection. However a further ecological survey is required prior to development commencing to confirm the presence or otherwise of any protected species under the Conservation and Wildlife (Jersey) Law 2000.

The proposal involves a significant amount of new landscaping proposals including features to enhance biodiversity. Townshend Landscape Architects have proposed a Landscaping Scheme for the site. The submitted Landscape Statement provides detailed cross sections of the central spine, the individual courtyards and the gradient difference at the site’s boundaries.

The focus of the Landscaping Scheme was to create a clear identity for the development which will reinforce its character and sense of place. The key open space is the communal gardens to the south of the site which will include many biodiversity features such as native vegetation and a pond. The individual courtyard spaces are smaller focuses where residents can meet and softens the impact that the vehicles may cause in these spaces. Each cottage has a private amenity space and balconies are provided for the residents of the apartments. The history of the site as three agricultural fields has been maintained through the site by the retention of the field banks and reinforcing the boundary hedgerows.

i) Archaeology

The site is not a designated Archaeological site or Area of Archaeological Potential.

j) Waste Management

As the site is vacant, there will be minimal amount of waste arising as a result of the development, with the exception of the excavation of the below ground basement car park. This excavation will result in an amount of inert waste. The submitted Environmental Impact Statement addresses waste minimisation and this can be secured through a Construction Environmental Action Plan, recommended as a condition.

k) Planning Obligations

& Percent for Art

A Percent for Art Statement has been submitted and the applicant is proposing the inclusion of a piece of art at the main entrance to the development. A condition is recommended in this regard.

A Planning Obligation Agreement pursuant to Article 25 of the Planning and Building (Jersey) Law 2002 (as amended) and in accordance with Policy GD4 of the Island Plan 2011 is recommended to secure the following:

f) The care home shall be constructed in accordance with the approved plans and made available for the permitted use.

g) No more than 50% of the open market cottages on Fields 516, 516a and 517 shall be occupied until such time as the community centre, social rented apartments and bungalows on Field 518 are practically completed and the care home constructed and all are ready for occupation for the permitted use.

i) Within 3 months following practical completion of the thirtieth Parish bungalow on Field 518, eight parking spaces as specified on drawing 24676/C/10/03/P3 [States Reference ET] located on the boundary of Field 518 and La Chasse Brunet shall be completed and ceded to the Parish free of charge. No more than 50% of the open market cottages on Fields 516, 516a and 517 shall be occupied until such time as this has happened.

j) The Developer is to design, seek planning approval, procure and install 2 bus shelters on St Saviours Hill at bus stops to be agreed with Transport and Technical Services Highways (TTS) and the Minister for Planning and Environment. The bus shelters shall be provided and transferred to the public prior to first occupancy of the development, with the developer bearing all costs associated. No unit shall be occupied unless and until this has happened.

k) The Developer is to widen the road side footpath along the southern edge of St Saviours Hill for the length of the site’s boundary (a distance of approximately 206 metres) and provide a road side footpath along the northern edge of St Saviours Hill for the length of the site’s boundary (a distance of approximately 187 metres). The exact specifications of the widening of the footpath shall be submitted to and approved in writing by the Minister for Planning and Environment. The design and construction is to be carried out to a standard and by a consultant and contractor approved by TTS. TTS will provide the required Ministerial Approval once a design has been provided to enable a recommendation to be made to the Minister for TTS to approve the construction of the afore mentioned road side footpath. The footpath shall be constructed in accordance with the approved details and transferred to the public prior to first occupation, with the developer bearing all costs associated. No unit shall be occupied unless and until this has happened.

l) The Planning Obligation Agreement shall contain a negotiated financial sum to a minimum of £123,429.00 towards the provision by the TTS Minister of such community bus services or to improve extant bus services which the Minister in his discretion consider are required as a consequence of the development. The agreed financial sum will be in the form of a bond/guarantee and provided prior to first occupation of the development. No unit shall be occupied unless and until such time as the sum has been paid to the States Treasurer.

m) The Planning Obligation Agreement shall contain a negotiated financial sum to a minimum of £100,000.00 towards the provision by the TTS Minister of a pedestrian crossing facility on St Saviours Hill which the Minister in his discretion consider is required as a consequence of the development. The agreed financial sum will be in the form of a bond/guarantee and provided prior to first occupation of the development. No unit shall be occupied unless and until such time as the sum has been paid to the States Treasurer.

n) The Developer shall appoint a Travel Plan Coordinator to carry out all the actions listed in the PBA Travel Plan contained within the approved document ‘Appendix K-Transport’ [States Reference EW]. The Travel Plan Co-ordinator will advise TTS of the progress of the Travel Plans every 6 months for a period of 5 years from the date of occupation of 50% of the dwellings on the Development. At 50% occupation, the roles and responsibilities of the Travel Plan Coordinator will be transferred from the Developer to the Management Company of the site. The roles, responsibilities and duties of the Travel Plan Coordinator along with the resources required to ensure the proper discharge of those duties shall be written into the constitution of the Management Company for the Development.

o) The Developer is to provide a virtual footpath along the western edge of La Chasse Brunet from the junction of La Chasse Brunet and St Saviours Hill to the corner of the site’s north western boundary and from the junction of La Chasse Brunet and La Rue de Patier to the corner of the site’s south western boundary (a distance of approximately 188 metres). The exact specifications of the widening of the footpath shall be submitted to and approved in writing by the Minister for Planning and Environment. The design and construction is to be carried out to a standard and by a consultant and contractor approved by the highway authority. The virtual footpath shall be constructed in accordance with the approved details and transferred to the public prior to first occupation, with the developer bearing all costs associated. No unit shall be occupied unless and until this has happened.

p) All financial obligations shall be index linked the "All Items Index of Retail Prices for Jersey" as issued by the Statistics Unit to the States of Jersey from the date of the agreement until the date on which such sum is paid.

q) Such other ancillary or incidental terms and conditions as the Minister for Planning and Environment considers reasonable and appropriate in the circumstances.

r) The developer shall be responsible for all the reasonable and proper costs of the Minister for Planning and Environment in the negotiation, preparation and completion of the Planning Obligation Agreement.

l) Contaminated Land

The Environmental Impact Statement included a Phase 1 review of desk based information, a site walkover and preliminary risk assessment. No significant potential sources of contamination were identified.

m) Sustainability

This proposal accords with the principles of sustainable development as it delivers new homes for the Island’s aging population, supports the creation of new jobs in the care home, provides care and support to the community, enables the delivery of infrastructure that provides access to the community.

The proposal is an efficient and effective use of resources, promotes environmental sustainability, and renewable and low-carbon sources of energy through the Sustainable Homes for Jersey 2011: St Saviours Retirement Village [States Reference FF].

The location of this development in the Built Up Area is a logical and efficient extension to the existing built form to meet the needs of new housing for the Island’s ageing population whilst sustaining the social fabric of the local community.

The location of the development on the periphery of the Town of St Helier, the contribution to public transport through bus shelters and community bus services, the implementation of the Travel Plan for 5 years and the improvement of highway infrastructure all contribute to demonstrating that the development will assist in reducing the dependence on the private car.

The enhancement of Jersey’s distinctive character and identity is supported through the high quality of design and focus on local vernacular as demonstrated by the development. This contribution to good design creates a sustainable, attractive and safe environment from which the community will benefit.

n) Other Matters

No other matters.

14. Conclusion

The revised proposal for 180no. dwellings for the over 55s, a care home and community centre accords with the States decision in 2008 to rezone these fields for the provision of lifelong homes to meet the needs of the Island’s ageing population.

The proposal is a high quality development; being designed by a renowned architect and containing many design features that emulate the character of traditional Jersey vernacular. The open nature of the development, courtyard arrangements and series of pathways through and around the village all encourage connectivity and community identity.

The form of the cottages are one and a half storeys, which is smaller than the surrounding built form, and the apartments are three storeys, which is at the same height or slighter taller than the surrounding built form. The proposal does not involve any ‘tall’ buildings and as such is not significantly out of character with the surrounding area.

The concerns from residents have been largely addressed by the recommended Planning Obligation Agreement, the conditions, and the revised plans. The concerns that remain on the principle of the development have been considered and addressed in the report.

The multiple consultation responses from various Government Departments and Authorities have been addressed by the revised plans, the recommended Planning Obligation Agreement, and the conditions.

The Environmental Impact Statement submitted with the application predicts the short and long term impacts of the development on the area and proposes mitigation measures to reduce the effect of these impacts on the surrounding community. Conditions are recommended to ensure that these measures are implemented in full.

15.Department Recommendation

It is recommended that APPROVAL is granted for the development, subject to the applicants entering into a suitable legal agreement pursuant to Article 25 of the Planning and Building (Jersey) Law 2002 (as amended) to cover those matters listed in section 13k above.

It is recommended that the Director - Development Control be authorised to GRANT planning permission under powers delegated to him subject to the conditions and reasons set out below and also subject to the prior completion of the planning obligation agreement referred to above.

Alternatively, in the event that a suitable planning obligation is not agreed within six months of his being authorised in accordance with this recommendation, the Director - Development Control be authorised to REFUSE the grant of planning permission.

16. Conditions and Reasons (in italics)

1. The development shall be carried out strictly in accordance with the deposited plans and drawings except as required to meet the terms of Conditions 9, 15, 16 and 18 below. No variations shall be made without the prior written approval of the Minister for Planning and Environment.

For the avoidance of doubt and in accordance with the requirements of Policies GD1 of the Adopted Island Plan 2002.

2. Prior to the commencement of development, a Demolition and Construction Environmental Management Plan shall be submitted to and approved by the Minister for Planning and Environment. The Demolition and Construction Environmental Management Plan shall be thereafter implemented in full until completion of the development and any variations agreed in writing by the Minister for Planning and Environment prior to such work commencing. The Plan shall secure an implementation programme of mitigation measures to minimise the adverse effects of the proposal, and shall include:

i) A demonstration of compliance with best practice in relation to noise and vibration control, and control of dust and emissions;

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

iii) Specified hours of working to be restricted to 0800-1800 Monday to Friday and 0800-1300 Saturdays and not at all on Sundays or Public Holidays;

iv) Details of any proposed crushing/ sorting of waste material on site;

v) Any other negative impacts arising from the Environmental Impact Statement [States Reference EE and EF] hereby approved.

To ensure the development does not have an unreasonable impact on public health or the wider environment and to accord with Policies GD1 and H6 of the Adopted Island Plan 2011.

3. Prior to the commencement of the development, the final Waste Management Plan shall be submitted to and approved in writing by the Minister for Planning and Environment. The Plan shall be implemented in full and any variation to the Plan having been agreed in writing with the Minister for Planning and Environment before the work is undertaken.

For the avoidance of doubt and in accordance with the requirements of Policies WM1 of the Adopted Island Plan 2011.

4. Unless otherwise agreed in writing with the Minister for Planning and Environment, the architect for the development as approved shall be retained for the duration of the construction period. The architect (or another architect approved by the Minister for Planning and Environment in writing before engagement), shall provide written confirmation to the Minister for Planning and Environment of the standard of construction for each dwelling unit prior to first occupation, together with a written endorsement/confirmation of the satisfactory final completion of the scheme.

To safeguard the visual amenities of the area and to ensure the use of appropriate detailing in accordance with the requirements of Policies GD1 and GD7 of the Adopted Island Plan 2011.

5. Prior to the commencement of development, samples of all the materials to be used in the construction of the new development shall be submitted to and approved in writing by the Minister for Planning and Environment. The retained architect for the scheme is to specify all materials including windows, downpipes, hoppers, gutters, railings, roof materials, render finish and road/footpath/driveway surfacing. The approved scheme shall be implemented in full and shall be retained and maintained as such.

To safeguard the character and appearance of the area and in accordance with the requirements of Policies GD1 and GD7 of the Adopted Island Plan 2011.

6. 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 to the any of the dwellings hereby approved without express planning permission first being obtained from the Minister for Planning and Environment:

i) Extension to the dwelling (to include a conservatory);

ii) Free standing buildings within the curtilages of the dwelling units;

iii) Loft or garage conversions;

iv) Addition or alteration to the roof;

v) Erection of a porch;

vi) Any windows or dormer windows;

vii) Hard surfacing;

viii) Container for the storage of oil;

ix) Satellite antenna, and

x) Fences, gates, retaining structures or walls.

To enable the Minister for Planning and 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 Policies GD1 and H6 of the Adopted Island Plan 2011.

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), no change of use is permitted of the care home and community centre without express planning permission first being obtained from the Minister for Planning and Environment.

To enable the Minister for Planning and Environment to control the development and so safeguard the purpose for which the site was rezoned in compliance with the requirements of Policy GD1 of the Adopted Island Plan 2011.

8. A work of art shall be delivered in accordance with the advice of the appointed Approved Art Advisor and the Percentage for Art Statement [States Reference BW] which has been submitted to and approved by the Minister for Planning and Environment. The work of art must be installed prior to the first use/occupation of the development hereby approved unless otherwise agreed in writing.

To ensure the satisfactory provision of public art and to accord with the provisions of Policy GD8 of the Adopted Island Plan 2011.

9. Notwithstanding the details on the approved plans, the zebra crossing at St Saviours Hill is not approved.

The zebra crossing is considered not safe by TTS who are seeking the provision of a pedestrian refuge island, which may need to be accounted for in the proposed highway works, and to accord with Policies GD1 and H6 of the Adopted Island Plan 2011.

10. Prior to the first occupation of the development hereby permitted visibility lines at the St Saviours Hill and La Chasse Brunet accesses must be provided in accordance with the approved drawings. Everything within the visibility sight lines, including gates, walls, railings and plant growth is to be permanently restricted in height to 900mm above road level.

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

11. No dwelling shall be occupied until the respective car parking spaces and manoeuvring area for each particular dwelling has been provided to the satisfaction of the Minister for Planning and Environment. Such areas shall, thereafter be permanently retained for the purposes of parking / manoeuvring.

To ensure that the site has adequate car parking facilities in accordance with Policies GD1 and H6 of the Adopted Island Plan 2011.

12. The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Minister for Planning and Environment, a scheme of landscaping, which shall provide details of the following;

i) all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain on the site and on adjoining land within the same ownership;

ii) 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;

iii) other landscape treatments to be carried out or features to be created, for example, any excavation works, surfacing treatments, or means of enclosure;

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

v) the arrangements to be made for the maintenance of the landscaped areas;

vii) details of proposed hedgerow planting to include strengthening of site boundaries where appropriate, and

vii) grassland management.

The approved scheme shall be undertaken within the first available planting season and any trees which die, are removed or become seriously diseased within a period of five years from the date the planting first takes place, shall be replaced in the next planting season with others of a similar size and species.

The Landscape Architect (or another Landscape Architect approved by the Minister for Planning and Environment in writing before engagement), shall give written confirmation to the Minister for Planning and Environment that they are satisfied that the works are completed in accordance with the approved plans and the quality of the materials and workmanship is of the highest order.

To safeguard the character and appearance of the area in accordance with the requirements of Policies GD1 and NR1 of the Adopted Island Plan 2011.

13. Prior to the commencement of the development, an ecology survey shall be undertaken by a suitably qualified and competent person approved by the Minister for Planning and Environment and shall include:

i) confirmation as to which species are present or likely to be present;

ii) an estimation of population size;

iii) an assessment of the importance of the site in terms of population of the species affected and the likely effect of the development on such population;

iv) how the species make use of the site and whether there are connections to adjoining land or sites;

v) consideration should be given to non-breeding habitats upon which species present may depend.

Should the evidence of any protected species on site be verified, development may not commence until adequate mitigation measures and procedures have been submitted to and approved in writing by the Minister for Planning and Environment. Such mitigation measures shall be implemented in full.

To ensure protection of any protected species in accordance with the requirements of Policies GD1 and NR2 of the Adopted Island Plan 2011.

14. No tree felling or hedge removal or any clearance works shall be undertaken between the period 1st March to 31st July in any calendar year unless a written statement has been submitted from a qualified and competent person confirming that there are no nesting birds or other protected wildlife in any of the trees or hedgerows to be felled or removed. The written statement shall be submitted to and approved by the Minister for Planning and Environment at least 5 working days in advance of any felling or clearance works.

To ensure the protection of any nesting birds and any recognised species in accordance with the requirements of Policy GD1 and NR1 of the Adopted Island Plan 2011.

15. Notwithstanding the details on the approved plans, the existing bank, vegetation and trees along the northern boundary abutting St Saviours Hill shall be retained until a scheme detailing the precise works to this bank are submitted to and approved in writing by the Minister for Planning and Environment.

To safeguard the character and appearance of the area in accordance with the requirements of Policies GD1 and NR1 of the Adopted Island Plan 2011.

16. Notwithstanding the details on the approved plans and documents, vehicular and pedestrian access shall be maintained at all times between the development on Fields 516, 516a, 517 and 518 and retained in perpetuity. At no point shall the road between Fields 517 and 518 (plot no. C59, C60 and B01) be gated or barriers introduced.

To protect against segregated development and to ensure satisfactory movement through the site, to accord with Policies GD1 and H6 of the Adopted Island Plan 2011.

17. Before the development commences, precise details of the surface and foul water drainage shall be submitted to and approved by the Department. The approved scheme shall be implemented in full prior to first occupation and shall thereafter be retained and maintained as such.

To ensure satisfactory drainage arrangements in accordance with the requirements of Policies GD1 and NR1 of the Adopted Island Plan 2011.

18. The stair landing windows on the rear elevations of Cottages C11-C14 and C67-C70 shall be fitted with obscure glazing (and not applied film) and shall be retained as such thereafter.

To protect the amenities of adjoining neighbours and to accord with Policies GD1 and H6 of the Adopted Island Plan 2011.

19. Notwithstanding the information on the submitted drawings, prior to the commencement of development details of separated waste facilities, communal satellite television reception system (or other communications infrastructure), electric car charging points and proposed rainwater harvesting, shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implemented prior to first occupation and maintained in perpetuity.

In the interest of sustainable development and adequate service infrastructure, and to accord with Policies GD1 and H6 of the Adopted Island Plan 2011.

17. Reason for

Approval

18. Background

Papers

1:2500 Location Plan

Development Brief

23 consultation responses

75 letters of representation

1 letter from case officer

7 responses from agent/ applicant

Endorsed by:

Date: