Planning Obligation Agreement: Esplanade Quarter Development

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A decision made on 30 July 2010 regarding the Planning Obligation Agreement in respect of the Esplanade Quarter Development

Decision Reference: MD-T-2010-0077
Decision Summary Title :	Planning Obligation Agreement – Esplanade Quarter		Date of Decision Summary:	30 July 2010
Decision Summary Author:	Director of Municipal Services		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 :	Planning Obligation Agreement – Esplanade Quarter		Date of Written Report:	30 July 2010
Written Report Author:	Director of Municipal Services		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Planning Obligation Agreement – Esplanade Quarter
Decision(s): The Minister has agreed to enter into the Planning Obligation Agreement in respect of the Esplanade Quarter development on behalf of the Highway Authority
Reason(s) for Decision: The Transport and Technical Services Minister is a joint signatory to the Planning Obligation Agreement and his signature is required to allow the Planning Obligation Agreement to be completed.
Resource Implications: There are no resource implications for Transport and Technical Services at this time. Any future costs incurred by Transport and Technical Services in developing the scheme will be reimbursed in full via the Infrastructure Works Agreement.
Action required: The Minister of Transport and Technical Services is to sign the Planning Obligation Agreement in respect of the Esplanade Quarter.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Planning Obligation Agreement: Esplanade Quarter Development

TRANSPORT AND TECHNICAL SERVICES

PLANNING OBLIGATION AGREEMENT - ESPLANADE QUARTER

Purpose of the Report

This Report should be read in conjunction with the Planning Obligation Agreement (POA) prepared for signature between the Minister for Planning and Environment, the Minister for Transport and Technical Services, the Minister for Treasury and Resources (representing the Public of the Island) and the Waterfront Enterprise Board. The Planning Obligation Agreement has been drafted under Article 25 of the Planning and Building (Jersey) Law 2002, in respect of the Outline and Detail Planning Applications P/2008/1680 and P/2008/1681, submitted by the Waterfront Enterprise Board and their original development partner, Harcourt.

Background

The Minister for Planning and Environment has indicated that he intends to determine the current applications as required under the Planning and Building (Jersey) Law 2002. However, given the scale and complexity of this overall scheme the Minister requires a Planning Obligation Agreement to be put in place between all respective parties.

The Minister is not prepared to grant consent for the detailed application (P/2008/16801) at this time as he remains to be convinced that all the necessary safeguards are in place in order that the infrastructure works proposed as part of that application will be completed in their entirety. If they were begun but left uncompleted the implications for the Island would be substantial and detrimental.

The Minister for Planning and Environment requires Transport and Technical Services in their role as the Island’s Highway Authority to be party to this POA.

What is a Planning Obligation?

A Planning Obligation is a legal agreement between a developer or anyone who has an interest in the land in question and the Minister for Planning and Environment. It may require an individual or individuals to carry out certain works to provide appropriate community benefits in response to a development proposal. The Minister will seek to enter into negotiations with developers to secure obligations where it is deemed necessary. They can be made to ensure that any new development does not place a strain on existing services and facilities such as open space, roads, recreation, and leisure facilities, community services or schools. They will be used when planning conditions or other arrangements outside the planning system do not cover, or cannot cope with a particular situation, enabling a property owner or developer to overcome obstacles which might in some circumstances prevent planning permission from being granted. They will be used “on site” that is within the boundary of any site which is the subject of a development application and “off site” that is to say on land which lies outside the boundary of an application should such arrangements be deemed justifiable and appropriate.

When is a Planning Obligation Appropriate?

The Minister for Planning and Environment will seek to enter into a planning obligation where it meets a number of key tests. These tests are:-

i. That it is necessary (to make a development acceptable in planning terms)

ii. That it is relevant to planning;

iii. That it is directly related to the proposed development;

iv. That it is fairly and reasonably related in scale and kind to the proposed development.

v. That it is reasonable in all other respects.

Discussion

To ensure that Transport and Technical Services are not exposed to any undue risk, the Planning Obligation Agreement contains certain clauses that provide the Minister for Transport and Technical Services with absolute discretion in setting terms and conditions which include:

· The requirement for the Developer of the site to enter into an Infrastructure Works Agreement with Transport and Technical Services, the Waterfront Enterprise Board and the Minister for Treasury and Resources. The Infrastructure Works Agreement is designed to ensure that Transport and Technical Services have absolute discretion in setting terms and conditions with respect to any changes to the highway, drainage and associated infrastructure affected by the development. In addition the Infrastructure Works Agreement will state that all costs incurred by Transport and Technical Services associated with developing and implementing the Infrastructure Works Agreement will be reimbursed to the Transport and Technical Services department by the Developer.

· A requirement for the Developer to make a payment to Transport and Technical Services towards the costs of Transport Infrastructure as a result of the development. A pre agreed formula for the calculation of this payment is included in the Planning Obligation Agreement with the actual amount dependent on the final mix of development the developer puts on the site

· The requirement to design and implement a Travel Plan for all occupants of the site.

· A requirement to provide a temporary car park for all cars which will be displaced from the current Esplanade car park as a result of the works. This temporary car park must be located in the immediate area of the Esplanade and must be provided until permanent replacement car parking is provided as part of the new development.

· The requirement for the Developer to carry out a feasibility study into the raising of the underpass deck slabs such that the minimum height is achieved where the new tunnel will connect on to this structure.

Recommendation

On the basis that the Planning Obligation Agreement requires any future Detailed Planning Application, Development Agreement and Infrastructure Works Agreement to have the full approval of the Transport and Technical Services Minister who has absolute discretionary power to ensure that the interests of the Highway Authority are adequately protected the Transport and Technical Services Minister is recommended to sign the planning Obligation Agreement.

Reason(s) for Decision

The Transport and Technical Services Minister is a joint signatory to the Planning Obligation Agreement and his signature is required to allow the Planning Obligation Agreement to be completed.

Resource Implications

There are no resource implications for Transport and Technical Services at this time. Any future costs incurred by Transport and Technical Services in developing the scheme will be reimbursed in full via the Infrastructure works agreement.

Action Required

The Minister of Transport and Technical Services is to sign the Planning Obligation Agreement in respect of the Esplanade Quarter.

Written by:	Director of Municipal Services

Approved by:	Chief officer