Hotel La Tour, La Rue du Crocquet, St Brelade: Determination of Planning Application

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A decision made on 7 January 2013: (Note: The written report for this decision is incorporated within the Decision)

Decision Reference: MD-PE-2013 -03			Application Number: RP/2012/0676 (If applicable)
Decision Summary Title :	, Hotel La Tour, La Rue du Crocquet, , St. Brelade, Jersey, JE3 8BZ		Date of Decision Summary:		04/01/13
Decision Summary Author:	Planning Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written and Oral		Person Giving Oral Report:		Planning Officer
Written Report Title :	Report for Ministerial Meeting		Date of Written Report:		09/11/12
Written Report Author:	Planning Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: , Hotel La Tour, La Rue du Crocquet, , St. Brelade, Jersey, JE3 8BZ – demolition and replacement with 5 dwellings.
Decision(s): Demolish existing hotel. Construct 5 No. dwellings. REVISED PLANS: Introduction of roof terraces to units 1 & 2. Introduction of first floor accommodation in pitched roof space of unit 5. Extension of unit 1 to East elevation. Extension of units 1-4 inclusive to West elevation at first floor. Alterations to basement parking layout. Alteration to vehicular access & inclusion of sub-station. AMENDED PLANS: Alterations to vehicular access, basement parking, location of substation and positioning of unit 1. Following the Public meeting held 09th November 2012 and the subsequent deferral of the application, the Minister has now considered all matters arising including the paper representations received, the Department’s written report and the verbal representations made at the public meeting of 9th November 2012. Furthermore, the Minister visited site 27th November 2012, this visit included seven neighbouring properties of the site. In addition to the above considerations, the Owner of the site has sworn an affidavit dated 17/12/12 making certain commitments. Taking all of these matters into account, the Minister hereby approves the proposed redevelopment of the Hotel La Tour, as defined under application RP/2012/0676.
Reason(s) for Decision: The proposed development is considered to be acceptable having due regard to all of the material considerations raised. In particular, the development has been assessed against Policies GD1, GD7 and H6 of the 2011 Island Plan, in which it is concluded that development proposals in the Built-up Area will be permitted when the proposal contributes towards a more sustainable form and pattern of development, does not seriously harm the amenities of neighbouring uses, contributes to or does not detract from the Island’s economy and is of a high quality of design that is suitable to its setting. In this case, the proposed development is regarded as acceptable because the design, scale, siting and appearance of the dwellings are appropriate to the setting, the development will not cause an unreasonable loss of private amenity, it will make good use of previously developed land in accordance with the principles of sustainability and the development meets the Department’s minimum standards with regard to parking and private amenity space. In addition, the representations raised to the scheme on the grounds of an unacceptable change in scale, design and massing and the unacceptable impact upon the amenities of neighbours and character of the area have been assessed. However, it is considered that the proposal accords with the terms of Policies GD1 and GD7 of the 2011 Island Plan, in that it does not have an unreasonable impact on the character of the street, will not cause an unacceptable loss of private amenity, and is commensurate with good design. To conclude, the proposed development is deemed to accord with Policies SP1, SP2, SP7, GD1, GD5, GD7, GD8, H6, TT5, LWM2, LWM3 and WM1 of the 2011 Island Plan, by virtue of the approved plans and compliance with the associated planning conditions. Conditions and reasons: 1. The development shall be carried out strictly in accordance with the deposited plans and drawings. 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 Policy GD 1 of the Adopted Island Plan 2011. 2. Prior to the first commencement of any superstructure works on site, samples of all the materials to be used in the construction of the new development, together with 1:20 scale details of all external window and door types and ironworks to the podium level shall be submitted to and approved in writing by the Minister for Planning and Environment. 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 GD 1 and GD 7 of the Adopted Island Plan 2011. 3. Before the commencement of any superstructure works on site, a hard and soft landscaping scheme shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be undertaken within the first available planting season and any trees or planting 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 must 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 GD 1 and NE 4 of the Adopted Island Plan 2011. 4. In conjunction with Condition 3 above, a Landscape Management Plan including long term objectives, management responsibilities and maintenance schedules for all communal landscaped/planted areas shall be submitted to and approved in writing by the Minister for Planning and Environment prior to the first occupation of any part of the development. To ensure a satisfactory form of development and continuing standard of amenities are provided and maintained in accordance with the requirements of Policies GD 1 and NE 4 of the Adopted Island Plan 2011. 5. No development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full before the development is first brought into use and shall be retained and maintained as such. To ensure satisfactory drainage arrangements in accordance with the requirements of Policies LWM2 and LWM 3 of the Adopted Island Plan 2011. 6. Prior to the commencement of development, a Demolition and Construction Environmental Management Plan shall be submitted to and approved in writing by the Minister for Planning and Environment. The Demolition and Construction Environmental Management Plan shall thereafter be 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) The erection and maintenance of security hoarding, including decorative displays and facilities for public viewing, where appropriate. (iii) Details of a publicised complaints procedure, including office hours and out of hours contact numbers; (iv) Specified hours of working to be restricted to 0800-1800 Monday to Friday and 0800-1300 hours Saturdays with no working on Sundays or Public Holidays; (v) A site waste management plan, to include details of any proposed crushing/sorting of waste material on site and all recycling and disposing of waste proposals; (vi) Parking of vehicles of site personnel, operatives and visitors; (vii) Loading and unloading of plant and materials, and (viii) Storage of plant and materials used in demolishing and then constructing the development. To ensure that the development does not have an unreasonable impact on public health or the wider environment and to accord with Policies GD 1, H 6 and WM1 of the Adopted Island Plan 2011 7. Prior to the commencement of development, a Construction Traffic Management Plan shall be submitted to and approved in writing by the Department, in liaison with the Parish Roads Committee. Such plan shall detail all types / weights of vehicles, route to and from the site, frequency of movement and measures to prevent or minimise any disruption to local traffic circulation, parking and access to nearby residential and commercial properties. Such Plan as may be approved shall, thereafter be implemented during the demolition and construction phases of the development hereby approved. To ensure that the demolition and construction traffic does not cause unreasonable harm to the local highway network nor unduly restrict access to other properties within the vicinity. . 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 which has been submitted to and approved by the Minister for Planning and Environment under Permit P/2010/0443. This figure of 0.75% shall be revised in accordance with the changes to the development herby approved and agreed in writing by the Minister. The work of art must be installed prior to the first use/occupation of the development hereby approved unless otherwise agreed in writing. So as to accord with the provisions of Policy GD 8 of the Adopted Island Plan 2011. 9. Prior to the commencement of development, the finished floor levels, eaves and ridge heights of each dwelling shall be approved in writing by the Department. On sloping ground, detailed sections indicating the precise level of cut and/ or fill shall be similarly approved. No such approved level shall be exceeded without the express written approval of the Department. For the avoidance of doubt, as the finished levels are considered to be of crucial importance in terms of assimilating the development into the street scene as well as safeguarding neighbour amenity. 10. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order, 2011, no alterations, additions, extensions (including loft conversions, conservatories, windows, doors, external utility meter boxes, fences, walls, sheds or other structures shall be installed, affixed or erected on any part of the site or building therein without the prior written approval of the Department. In order that the Department can retain control over any such additions / alterations in the interests of ensuring their compatibility with the approved development and in accordance with GD1 of the 2011 Island Plan.
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:				Date of Decision (If different from Date Signed):