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Samares Nursery, La Grande Route de St. Clement, St. Clement: Development Brief

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • 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

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 27 October 2015:

Decision Reference:  MD-PE-2015-0064

Decision Summary Title :

DS-SPG- Samares Nursery, La Grande Route de St Clement, St Clement.

Date of Decision Summary:

19 October, 2015.

 

Decision Summary Author:

 

 Principal Planner.

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written and oral

Person Giving

Oral Report:

Principal Planner

Written Report

Title :

SPG- DB- Samares Nursery, La Grande Route de Clement, St Clement. Development Brief.

 

Date of Written Report:

19 October  2015

Written Report Author:

Principal Planner

Written Report :

Public or Exempt?

Public

Subject:

Development Brief:  Samares Nursery, La Grande Route de St Clement, St Clement.

Decision(s):

The Minister noted and agreed the release of the development brief for Samares Nursery, St Clement following a period of public consultation.

Reason(s) for Decision:

  1. The Minister noted the comments received in relation to the draft development brief and agreed to amend the contents of the draft Brief in response to some of the issues raised. The Minister had sight of a report which summarised the comments received and identified where changes had been made to the SPG.  
  2. To enable the owners and potential developers to advance with their plans to develop the site for affordable housing in line with the States decision. (P.37/2014)

Resource Implications: None

Action required:

  1.  Principal Planner to publicise and publish the development brief onto the States website and ;
  2.  Principal Planner to write directly to the owners of the site and those with an interest in the development of the site to facilitate the commencement of development plans.

 

Signature:

 

Position:

Minister for Planning & Environment

 

Date Signed:

 

Initials

 

Date of Decision (If different from Date Signed):

 

 

Samares Nursery, La Grade Route de St. Clement, St. Clement: Development Brief

PLANNING AND ENVIRONMENT DEPARTMENT

 

PLANNING DEPARTMENT

 

PURPOSE OF THE REPORT

   

       The purpose of the report is to request the Minister to approve and release the Development Brief for Samares Nursery, La Grande Route de St Clement, St Clement to assist those involved in the planning and design of new development and to ensure that that those planning issues which are relevant and necessary are taken into account in the design process.

 

BACKGROUND

 

The draft SPG was subject to a period of public consultation

between the 18 May / 18 June, 2015. Comments received from that exercise are combined here with other comments made by Statutory Authorities and with the Parish of St Clement.

         

  • The States of Jersey Consultation Portal.

 

Observations have come from the Development Control section and a firm of landscape Architects.  Where these have been deemed to be relevant and appropriate they have resulted in changes to the DB. A further five  respondents have submitted their objections to the DB. Their grounds for doing so are set out below.

 

-St Clement is already overdeveloped and the development is not required.

- There is an underground culvert stream in St Josephs Avenue which is in poor condition and should be made good.

- Percentage for Art schemes in affordable housing schemes are not appropriate or relevant.

- The existing infrastructure in terms of schools, shops and sewers is inadequate.

-   TTS should be responsible for the maintenance of the pumping station.

- New development should not adversely impact upon the amenity of existing and adjoining houses.

- The scheme should be less dense and should carry amenity space which contributes to character.

- The existing road system is not capable of accommodating the scale of the development.

- The housing mix as proposed will not enable the development of a balanced community and the scheme should include cafes, shops and other community facilities.

 

Comment – There continues to be opposition to the development of the site notwithstanding its rezoning by the States for affordable housing. Servicing the site in relation to foul sewers and surface water sewers is achievable although there will be technical challenges. The history of recent problems in the area means this is a sensitive and important issue for some local residents. Consultation with the Education Department has not revealed lack of capacity in existing primary or secondary schools. The rezoning of the land took place specifically to deliver affordable housing for purchase and for rent and the DB clearly states that the final numbers on site will be delivered by a design led exercise and numbers given in the DB are approximate only. It is anticipated that the existing shops and other services and community facilities in the locality will be adequate to accommodate the new homes. The design exercise which will eventually determine the number of homes appropriate for the site will also be obliged to provide amenity space for the new residents and address the amenity and privacy concerns of adjoining residents. A minimum level of amenity space has already been stipulated. (15%) The consultation that will take place as part of the determination of a planning application will enable this discussion to deal with the detailed issues that will inevitably emerge. The dimensions of the new access to the Inner Road have been set out and the applicant will be obliged to meet those standards.

 

 

  • Statutory Consultees.

      

        The serving of the scheme in terms of foul and surface water sewers is achievable. The single point of access to the site will need to provide the necessary sightlines and the internal road system will require to satisfy the standards laid down by TTS. The aspiration to extend the Eastern Cycle Track will require land presently outside the control of the owner. The viability of doing this will only be clear after further negotiations have taken place with the owners of that land. The standard contribution of £1,000 per unit appears appropriate as a contribution from the development to provide this facility. The site will have good cycle and pedestrian links to the west.

 

Comment – The arrangements for the disposal of surface water and foul sewers will require to be agreed in conjunction with TTS who are aware of the challenges associated with the work. The creation of new links to the road system and footpaths to the west is a sensible and achievable objective. To the east the use of the former railway embankment and from there a further link through agricultural land to the existing road system to enable a cycle and pedestrian route in that direction should be pursued. This land lies outside the boundary of the site and is believed to be in separate ownership. Nevertheless it is important that negotiations take place to deliver this aspiration.

 

  • The Parish of St Clement.

 

  They have clearly and at length set out their objections to the development in writing and at meetings. They have a number of points they make in relation to the proposed development. Summarised they are;

 

- The density proposed for the site is too high.

- A maximum of 100 houses no higher than 2 storeys is appropriate

- No community facilities are proposed.

- The area has a history of surface water and foul sewage problems.

- Can a private pumping station be properly monitored and maintained?

-  The Parish will not take on responsibilities for the roads or open space.

- The ecology of, and wildlife in the area will be prejudiced.

- No noise impact or traffic studies have been carried out.

- The scheme should make provision for a freehold building for the Parish which might double as a depot or store. It might measure 35m x 20m x 5m.

- The site represents a lost opportunity to provide homes for Islanders. The mix of rental homes and homes for purchase should be 50:50.

 

Comment – The States have agreed to rezone this land for affordable homes with a specific split in tenure clearly identified to meet existing housing need. It is possible this may change in the future but only with the agreement of the Strategic Housing Unit who monitor housing supply and demand. The principle of development and the type of development has been debated and agreed. The final density of the site will be a design led exercise will require to be carefully considered. However to reduce the site to a maximum of 100 homes would not be appropriate nor the best use of the land given the known shortfall in the homes required. The problems associated with the disposal of foul and surface water in the area is known and will be subject of scrutiny and agreement with TTS. Issues in relation to noise traffic and access will almost certainly be the subject of an Environmental Impact Assessment required as part of the application. The acceptability of a new access onto the St Clement Inner Road is accepted by TTS subject to the provision of an access of acceptable dimensions. The provision of a new building of the size suggested with car parking would significantly reduce the capacity of the site. There is no indication that such provision is a direct consequence of the development of this site thus making the ability to legitimately demand such provision through “planning gain” as defined by the Parish of St Clement difficult to justify under the present legal and policy framework as it relates to Planning Agreements and Obligations. It is unlikely that the intended use would in any event be compatible with a new housing development. However there are community facilities in Le Squez that exist at present and will inevitably service the needs of the new residents. The Good Companions Club, Le Squez Youth Club and Samares Pathway Centre, which is linked to Samares School, are some of these community services. It seems appropriate that some contribution should be made to these services should the scale of the new development result in an undue pressure on the facilities they provide. At this stage it is difficult to determine what that might be but it would need to be appropriate to the size and scale of the development proposed.

 

Recommendation

 

      The consultation process has revealed strong local objections to the development of the land. This was apparent at the time the land was rezoned. Whilst these strongly held views are noted the development of the land for affordable homes for rent and sale has been agreed by the States thus the principle has been established. The details of the scheme will be important however and the DB will ensure that these are addressed. Whilst there are infrastructure challenges they can be resolved and the bulk of changes to the brief have been matters of detail and emphasis.

The challenges will come in the extent to which local facilities need to be be extended and enhanced and in the relationship of new building to adjoining homes. It is probably not appropriate to go any higher than three storeys in some limited locations which are likely to be in the centre of the site.

 

It is recommended that Minister approve the Development Brief.

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