Seaton Garage, La Ruette de la Carriere, St. John: Planning Application (P/2015/1684): Appeal Decision

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A decision made 15 August 2016:

Decision Reference: MD- PE- 2016 – 0114
Decision Summary Title:	Appeal Decision – Seaton Garage, La Ruette de la Carriere, St. John. JE3 4DF P/2015/1684		Date of Decision Summary:	11 August 2016
Decision Summary Author:	Principal Planner (Policy)		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Report to Minister – Seaton Garage		Date of Written Report:	10 August 2016
Written Report Author:	Philip Staddon, BSc, Dip, MBA, MRTPI		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 Seaton Garage, La Ruette de la Carriere, St. John. JE3 4DF. P/2015/1684
Decision: The Minister dismissed the appeal and a variation of the decision has been made. The Minister hereby grants permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development: Proposed repairs and alterations to reinstate fire damaged vehicle repair / servicing garage. External works to include repairs, alterations and cladding of walls, new windows and customer entrance (on west elevation), new roller shutter and bi-fold vehicular access doors and erection of new roof structure faced with profiled steel panels with translucent inserts. Internal works to include removal of walls and alterations to create open workshop area with vehicle hoists; vehicle parking; storage areas; creation of lobby, reception and WCs with office over at first floor level; all to be carried out at Seaton Garage, La Ruette de la Carriere, St. John. JE3 4DF. This permission is granted subject to compliance with the following conditions and approved plans: The development shall commence within five years of the decision date. Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. B. 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. 1. The ground floor layout shall be laid out precisely as detailed on Drawing No. 3712-8Cparking and the areas within the building shall be used for their designated purposes. Furthermore, the external forecourt shall be kept free of obstruction and outside storage at all times and; the vehicle flow route and four space vehicle parking area shall be permanently marked out and thereafter maintained for their intended purposes and shall be kept free of any obstruction at all times when the business is operational. Reason: To ensure that parking and manoeuvring areas are maintained for their intended purpose to avoid vehicles obstructing the adjacent highways in the interests of highways safety and the amenities of the area in accordance with policy GD1 of the Adopted Island Plan 2011 (Revised 2014). 2.Prior to their first use on site, samples of all external materials to be used 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 GD 1 and GD 7 of the Adopted Island Plan 2011 (Revised 2014). 3.No part of the development hereby approved shall be occupied until the levels of potential contaminants in the ground have been investigated, any risks to human health or the wider environment assessed and mitigation measures proposed in a remediation strategy to be submitted to and approved in writing by the Department of the Environment. The approved remediation strategy shall be implemented in full, in accordance with the requirements of Supplementary Planning Guidance Planning Advice Note 2 - Development of Potentially Contaminated Land, as amended. Any changes to the strategy require the express written consent of the Department of the Environment prior to the work being carried out. Reason: To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD 1 and GD 6 of the Adopted Island Plan 2011 (Revised 2014). 4.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 GD 1 and GD 6 of the Adopted Island Plan 2011 (Revised 2014). 5.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 GD 1 and GD 6 of the Adopted Island Plan 2011 (Revised 2014). 6. No vehicle paint spraying booth or bake oven facilities shall be established within the building at any time without the benefit of express planning permission. Reason: To allow a full assessment of any proposal to install such facilities in the interests of protecting the amenities of nearby residential properties in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014). 7. The garage shall only operate between the hours of 08.00 – 18.00 hours on weekdays (Monday – Friday) and 08.00 – 13.00 hours on Saturdays. It shall not operate on Sundays or Public Holidays. Reason: To protect the amenities of nearby residential properties in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014). Informative: Given comments received during the assessment of the application, the States of Jersey recommends that the applicant should be aware that if noise complaints are received in the future, the matter may be investigated and considered under the Statutory Nuisances (Jersey) Law 1999, and noise mitigation measures may then be required. These measures may themselves require planning permission. List of Approved Plans Location Plan 3712-5 - Existing Ground Floor Plan 3712-8 C parking - Proposed Ground Floor Plan 3712-9 A - Proposed First Floor Plan 3712-10 A - Proposed Elevations 3712-11 - Sections 3712-16 - Existing Elevations 3712-17 - Existing First Floor Plan Mains Connection Layout Planning & Design Statement Phase 1 Contaminated Land Desk Study Noise Assessment
Reason(s) for Decision: The Minister agrees with the recommendation of the Inspector as detailed within his report dated 10 August 2016.
Resource Implications:- None
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy S Luce		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):