The Metropole Hotel, Roseville Street, St. Helier: Planning Application (P/2015/0065): Appeal Decision

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A decision made 2 June 2016:

Decision Reference: MD- PE- 2016 – 0076
Decision Summary Title:	Appeal Decision – P/2015/0065 The Metropole Hotel, Roseville Street, St. Helier		Date of Decision Summary:	31 May 2016
Decision Summary Author:	Judicial Greffier		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Report to the Minister for the Environment		Date of Written Report:	30 April 2016
Written Report Author:	Graham Self MA, MSc, FRTPI		Written Report : Public or Exempt?	Public
Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to grant planning permission at The Metropole Hotel, Roseville Street, St. Helier (P/2015/0065)
Decision: The Minister for the Environment dismissed the appeal and made a variation of the Planning Committee decision, dated 04 November 2015, to grant planning permission, under Article 116 of the Planning and Building (Jersey) Law 2002: In respect of the following development “Demolish existing hotel buildings. Construct basement parking for 140 No. cars and associated building services plant. Construct 174 No, one, two and three bedroom flats, associated landscaping. AMENDED PLANS: Additional highways works. (3D Model Available) (EIA submitted) FURTHER AMENDED PLANS: minor revisions to Roseville Street elevation, construct larger basement parking for 203 No. cars and alterations to internal layouts to construct 179 No. one, two and three bedroom flats.” To be carried out at Metropole Hotel, Roseville Street, St. Helier. This permission is granted subject to compliance with the following conditions and approved plan(s): The development shall commence within five years of the decision date, 04 November 2015. Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission. Reason: To ensure that the development is carried out and completed in accordance with the details approved. Conditions Before any construction work above ground level is begun, a scheme of landscaping shall be submitted to and approved in writing by the Department of the Environment. The scheme of landscaping 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; 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.) the use of roof surfaces to provide green roofs (which shall not be accessible or used for amenity or recreational use); iv.) other landscape treatments to be carried out including any excavation works, surfacing treatments, or means of enclosure; v.) the measures to be taken to protect existing trees and shrubs; vi.) the presence of any invasive plant species on site and, if present, a detailed method statement for the removal and long-term management/eradication of the species; and vii.) a landscape management plan containing a detailed schedule for the maintenance of existing and new trees, shrubs and other vegetation, for a minimum period of five years, together with details of the arrangements for its ongoing implementation and maintenance. The approved landscaping scheme, including provisions for future maintenance, shall be implemented in full and thereafter retained. Reason: To safeguard the character and appearance of the area; and to help mitigate the impact of climate change; and to enhance biodiversity; in accordance with Policies SP2, SP4, GD1, NE1, NE2 and NE4 of the Adopted Island Plan 2011 (Revised 2014) Notwithstanding the conclusions reached within the Phase 1 Desktop Study, following the commencement of development during the demolition and construction phases, should any contamination not previously identified be found, the Department of the Environment shall be informed as soon as possible. No further development shall be carried out (unless otherwise agreed in writing with the Department) until the levels of potential contaminants in the ground have been investigated and any risks to human health or the wider environment assessed and mitigated, in accordance with the requirements of Supplementary Planning Guidance Planning Advice Note 2 - Development of Potentially Contaminated Land as amended. Reason: To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD1 and GD6 of the Adopted Island Plan 2011 (Revised 2014). No part of the development hereby approved shall be occupied until a completion report and contaminated land completion certificate demonstrating completion of the works and the effectiveness of any remediation set out in the approved scheme, is submitted to and approved in writing by the Department of the Environment. Where required by the Department the completion report shall also include a plan for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action and for the reporting of this to the Department. Reason: To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD1 and GD6 of the Adopted Island Plan 2011 (Revised 2014). Prior to commencement of the development hereby approved, a Demolition/Construction Environmental Management Plan shall be submitted to and approved by the Department of the Environment. The Demolition/Construction Environmental Management Plan shall be thereafter implemented in full until the completion of the development and any variations agreed in writing by the Department prior to such work commencing. The Plan shall secure an implementation programme of mitigation measures to minimise the adverse effects of the proposal on the environment, and shall include but not be limited to: i.) demonstration of compliance with best practice in controlling, monitoring, recording and reporting on any emissions to the environment (such as noise and vibration, air, land and water pollution); ii.) Details of a publicised complaints procedure, including office hours and out of hours contact numbers; iii.) Details of any proposed crushing/ sorting of waste material on site; iv.) Specified hours of working; v.) A management plan for construction traffic, including wheel wash. Reason: To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD1, GD6 and WM1 of the Adopted Island Plan 2011 (Revised 2014). No part of the development hereby approved shall be occupied until the provisions and arrangements to be made for the storage, sorting, recycling and disposal of refuse are submitted to and approved in writing by the Department of the Environment. The approved details are thereafter to be implemented in full prior to first occuaption and retained in perpetuity thereafter. Reason: In accordance with Policy WM1 of the Adopted Island Plan 2011 (Revised 2014). Prior to their first use on site, samples of all external materials to be used (including any hard landscaping materials) shall be submitted to and approved in writing by the Department of the Environment. The approved materials shall be implemented in full and thereafter retained and maintained as such. Reason: To promote good design and to safeguard the character and appearance of the surrounding area, in accordance with Policies GD1 and GD7 of the Adopted Island Plan 2011 (Revised 2014). Notwithstanding the submitted information, construction above ground level shall not be commenced until there has been submitted to and approved in writing by the Department of the Environment a scheme setting out the management of a minimum of 6 visitor car parking spaces and the allocation of the residents car parking spaces and cycle storage spaces to individual apartments. For the avoidance of doubt, there shall be no car parking by commuters or non-residents other than persons visiting residents. Car parking shall not to be sub-let or reassigned to non-residents of the development. The approved details shall thereafter be implemented in full prior to first occupation, and retained in perpetuity thereafter. Reason: For the avoidance of doubt and to ensure adequate car parking in accordance with Policy GD1 of the Jersey Island Plan 2011 (Amended 2014). Notwithstanding the submitted information, construction above ground level shall not be commenced until there has been submitted to and approved in writing by the Department of the Environment a Green Travel Plan covering the management of travel movements to and from the development. The Methodology for the Green Travel Plan shall cover a period of at least 10-years and shall first have been agreed with the Department of the Environment, and shall include provision for management initiatives to manage demand for car trips and car parking. No accommodation shall be occupied until a Travel Plan coordinator has been appointed and their details forwarded to the Department of the Environment. The approved details shall thereafter be implemented in full prior to first occupation, and retained in perpetuity thereafter. Reason: In the interests of promoting sustainable patterns of development, and to accord with Policies TT9, BE2 and SP6 of the Jersey Island Plan 2011 (Amended 2014). Construction above ground level shall not be commenced until there has been submitted to and approved in writing by the Department of the Environment, a scheme of service infrastructure, which shall include details of: i) separated waste facilities and waste collection arrangements; ii) details of the communal satellite television reception system (or other communications infrastructure); iii) confirmation of the location and number of electric car charging points; and the approved details shall thereafter be implemented in full prior to first occupation, and retained in perpetuity thereafter. Reason: In the interests of providing adequate service infrastructure in accordance with Policy GD1 of the Jersey Island Plan 2011 (Amended 2014). Construction above ground level shall not be commenced until there has been submitted to and approved in writing by the Department of the Environment, a scheme of external lighting. The approved details shall thereafter be implemented in full prior to first occupation, and retained in perpetuity thereafter. Reason: In the interests of the amenities of the area and in accordance with the requirements of Policy GD1 of the Jersey Island Plan 2011 (Amended 2014). Construction above ground level shall not be commenced until there has been submitted to and approved in writing by the Department of the Environment a Skills and Training Plan, to support the development and training needs of Island residents. The Methodology for the Skills and Training Plan shall first have been agreed with the Department of the Environment. The approved details shall thereafter be implemented in full prior to commencement of development, and retained in perpetuity thereafter. Reason: In the interests of promoting sustainable patterns of development and supporting economic growth and diversification, and to accord with Policy GD1 and SP5 of the Jersey Island Plan 2011 (Amended 2014). Notwithstanding the submitted information, construction above ground level shall not be commenced until there has been submitted to and approved in writing by the Department of the Environment a revised Waste Management Plan to include monitoring and reporting arrangements for the actual waste streams arising in relation to excavation and the demolition of existing structures. Prior to first occupation a Waste Management Completion Report shall be submitted to the Department of the Environment to demonstrate compliance with the approved revised Waste Management Plan. Reason: In the interests of securing waste minimisation, and to accord with Policy WM1 and BE2 of the Jersey Island Plan 2011 (Amended 2014). A Percentage for Art contribution must be delivered in accordance with the Percentage for Art Statement submitted to, and approved by, the Department of the Environment. The approved work of art must be installed prior to the first use/occupation of any part of the development hereby approved. Reason: In accord with the provisions of Policy GD8 of the Jersey Island Plan 2011 (Amended 2014). Prior to the development being brought into first use, visibility splays shall be laid out and constructed in accordance with the approved plans. The visibility splays shall then be retained thereafter and no visual obstruction of any kind over the height of 600mm for pedestrians and 900mm for vehicles shall be erected within them. Reason: In the interests of highway safety, in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). No part of the development hereby approved shall be occupied until the proposed windows in the north and south elevations of Blocks A, B and C level are fitted with obscure glass and restricted in its/their opening mechanism to no more than 200mm. Once implemented, the obscure glazing and restricted opening mechanism shall be retained as such thereafter. Reason: To safeguard the amenities and privacy of the occupants of the adjoining properties in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). Before any construction work above ground level is begun full details of the proposed lift over-runs shall be submitted to and approved by the Department of the Environment. Notwithstanding the details on the submitted drawings, there shall be no other external plant or machinery placed on top of the roofs of the buildings hereby approved. Reason: For the avoidance of doubt and in the interests of securing a high quality of design in accordance with Policies SP7 and GD7 of teh Jersey Island Plan 2011 (Amended 2014). Before any construction work above ground level is begun, details of the final location and form of proposed on-street tree planting shall be submitted to and approved by the Department of the Environment. On-street tree planting shall be of a form and in a location which minimises any impact on existing access arrangements. The approved details shall be implemented prior to first occupation of homes and the on-street tree planting shall be retained in perpetuity thereafter. Reason: In the interests of delivering suitable vehicle infrastructure, in accordance with Policy GD1 of the Jersey Island Plan 2011 (amended 2014). Before any construction work above ground level is begun, a colour scheme for the painting of the external rendering of the buildings shall be submitted to and approved in writing by the Department of the Environment. The approved colour scheme shall be implemented in full and thereafter retained and maintained. Any future variation to the agreed colour scheme shall be submitted to and approved in writing by the Department of the Environment Reason: To introduce, in particular, some modulation in the long Roseville Street façade through the use of a variety of appropriate colours; to promote good design and to safeguard the character and appearance of the surrounding area, in accordance with Policies GD1 and GD7 of the Adopted Island Plan 2011 (Revised 2014).
Reason(s) for Decision: In making his decision, having regard to the Inspector’s report, the Minister had visited the site and its surroundings; viewed the 3D model of the scheme the subject of this appeal together with the drawings, plans and supporting documentation for both the current and the 2011 scheme. The Minister considered the existence of planning permission for the 2011 scheme, implementation of which was considered to be highly likely, as a significant material consideration in the determination of this case. Having carefully considered the Inspector’s findings on the impact of the proposed development on the residential amenity of existing and prospective residents, the Minister considered the differences between the current proposals and the 2011 scheme to be not such as to alter the policy consideration of ‘unreasonable harm’ as set out in the Royal Court judgement, where the urban context of the site and strategic objective of focussing development in St. Helier are factors of considerable relevance and significance. The Minister acknowledges the Inspector’s conclusions about the impact of the scheme on the character of Roseville Street in particular, and the surrounding area, but gives greater weight to the strategic objective of regenerating the outworn fabric of St. Helier to provide new homes and to breathe new life and vitality into the town’s residential quarters, whilst also acknowledging the changes made to the design of the proposal in response to the architectural critique of the Jersey Architecture Commission. The Minister is also mindful of the improvements to the public realm; the improved quality of the new homes; and the potential to enhance sustainable transport options which will be delivered by the proposed scheme and which can help to improve St. Helier as a place to live. The addition of conditions requiring the provision of green roofs and an external colour scheme should help to further integrate the scheme into a more sustainable and resilient St. Helier.
Resource Implications:- None
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy S Luce		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):