Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

  • Choose the service you want to log in to:

  • gov.je

    Update your notification preferences

  • one.gov.je

    Access government services

  • CAESAR

    Clear goods through customs or claim relief

  • Talentlink

    View or update your States of Jersey job application

Jersey Deep Freeze, Archway House, BOA Warehouse, Le Masurier House, F. Nicholson & Son Ltd. Totem Plastics, L'Avenue et Dolmen du Pres des Lumieres / La Rue le Masurier, St. Helier: Planning Application (PP/2015/1538): Appeal Decision

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

[THE LIST OF PLANS DETAILED IN THIS DECISION HAVE BEEN AMENDED BY MD-PE-2017-0010] A decision made 12 September 2016:

Decision Reference:    MD- PE- 2016 – 0118

Decision Summary Title:

Appeal Decision –

BOA Warehouse, L’Avenue et Dolmen du Pres des Lumieres / La Rue le Masurier, St Helier.

PP/2015/1538

Date of Decision Summary:

31 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 the Minister for Planning and Environment

Date of Written Report:

29 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 refusal to grant planning permission at Jersey Deep Freeze, Archway House, BOA Warehouse, Le Masurier House, F Nicholson & Son Ltd, Totem Plastics, L'Avenue et Dolmen du Pre des Lumieres / La Rue le Masurier, St. Helier, JE2 4YE.    PP/2015/1538

Decision:

The Minister allowed the appeal in full. The Minister hereby grants outline permission under Article 116 of the Planning and Building (Jersey)  Law 2002 in respect of the following development:

 

 Demolish existing warehouse, office & commercial units. Convert, alter and extend existing Archway building, store & commercial unit. Construct 169 No. dwellings, 4 No. commercial units, community facility, 191 No. car parking spaces & associated ancillary storage, plant & landscaping. Fixed matters: Layout, Massing and Means of Access. Reserved matters: Appearance and Landscaping.

 

This permission is granted subject to:

 

i) The applicant entering into a suitable planning obligation agreement, pursuant to Article 25 of the Planning and Building (Jersey) Law, 2002 (as amended), in order to guarantee the provision of the following;

 

  1. a financial contribution of £7,500 towards the provision of a new bus shelter; and

 

  1. a financial contribution of £169,000 (£1,000 per residential unit) towards the enhancement of public realm infrastructure within the vicinity of the site.

 

In the event that a suitable planning obligation is not agreed within three months of this decision, the application shall be returned to the Planning Applications Committee for further consideration.

 

ii)  Compliance with the following conditions and approved plan(s):

 

  1. The development shall commence within five years of the decision date or within 2 years of the approval of the final reserved matters, whichever is the later.

REASON: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance.

  1. Application for the approval of Reserved Matters, as detailed in Condition C, shall be made before the expiration of three years from the date of this decision.

REASON: To accord with Article 19(6) of the Planning and Building (Jersey) Law 2002.

  1. Approvals of the details of the external design and appearance of the buildings, and landscaping of the site – hereinafter called the Reserved Matters – shall be obtained by application prior to any development commencing.

REASON: To accord with Article 19(6) of the Planning and Building (Jersey) Law 2011.

Additional conditions;

  1. Prior to the commencement of development, details regarding the proposed use of the new 'commercial units' hereby approved, must be submitted to, and agreed as part of the application.

REASON: This information is not stated within the approved plans, and is therefore required to be submitted and agreed, in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014).

  1. Once the development is completed, access for the general public shall be maintained through the site at all times for the lifetime of the development.

REASON: To ensure public accessibility through the site, under the provisions of Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014).

  1. Prior to the commencement of development, written confirmation that the refuse storage and collection arrangements have been agreed to the satisfaction of the Parish of St Helier, including a refuse separation and recycling strategy, is to be submitted to the Department of the Environment, to be thereafter implemented in full prior to first occupation and maintained in perpetuity thereafter.

REASON: In the interests of providing adequate service infrastructure in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014).

  1. 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. Precise details relating to the exact form which the contribution will take, must be submitted and approved, prior to the commencement of the development hereby approved. Thereafter, 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 GD 8 of the Adopted Island Plan 2011 (Revised 2014).

  1. Notwithstanding the submitted information, prior to the commencement of development, a scheme setting out the allocation of the car parking spaces and cycle storage spaces to individual apartments shall be submitted to and approved in writing by the Department of the Environment, to be implemented in full prior to first occupation and maintained in perpetuity thereafter. 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.

REASON: For the avoidance of doubt and to ensure adequate car parking in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014).

  1. Prior to first occupation of the development, visibility splays shall be laid out and constructed in accordance with the approved plans. The visibility splays shall then be maintained thereafter and no visual obstruction of any kind over the height of 900mm shall be erected within them.

 

REASON: In the interests of highway safety, in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014).

 

  1. Prior to first occupation of any part of the development, a full Travel Plan must be submitted to, and agreed in writing by, the Department of the Environment, in consultation with the Department of Infrastructure.

REASON: To ensure that, before development proceeds, a full and effective Travel Plan is put in place, in accordance with Policies GD 1 and TT 9 of the Adopted Island Plan 2011 (Revised 2014).

  1. Prior to the commencement of development, a full Site Waste Management Plan must be submitted to, and agreed in writing by, the Department of the Environment.

REASON: To ensure that, before development proceeds, a full and effective Site Waste Management Plan is put in place, in accordance with Policies GD 1 and WM 1 of the Adopted Island Plan 2011 (Revised 2014).

  1. Waste management shall be implemented in full accordance with the approved Waste Management Strategy. Any variations shall be agreed to in writing by the Department of the Environment prior to the commencement of such work.

REASON: To protect the amenities of the occupiers of neighbouring properties and the visual amenities of the surrounding area, in accordance with Policies GD 1 and WM 1 of the Adopted Island Plan 2011 (Revised 2014).

  1. 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).

  1. 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).

  1. 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).

  1. Prior to the commencement of development, a Demolition / Construction Environmental Management Plan (D/CEMP) shall be submitted to, and agreed in writing by, the Department of the Environment. The D/CEMP shall thereafter be 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 include an implementation programme of mitigation measures to minimise any adverse effects of the proposal, and shall include, but is not limited to;

 

a)     a demonstration of best practice in relation to noise and vibration control; and control of dust and emissions (such as noise and vibration, air, land and water pollution);

 

b)     details of a publicised complaints procedure, including office hours and out-of-hours contact numbers;

 

c)     specified hours of working (to include that work which would result in noise being heard outside the application boundary occurs only between 8am and 6pm Monday to Friday, and 8am to 1pm on Saturdays, with no noisy working outside these times, and no noisy work on Bank or Public Holidays);

 

d)     details of any proposed crushing / sorting of waste material on site;

 

e)     details of the proposed management of traffic and pedestrians (to include for vehicle wheel washing); and

 

f)       measures taken to detect and manage any asbestos.

 

REASON: To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD 1, GD 6 and WM 1 of the Adopted Island Plan 2011 (Revised 2014).

  1. Prior to the commencement of development, full details the low-carbon initiatives and on-site renewable energy technologies to be incorporated within the scheme, shall be submitted to, and approved in writing by, the Department of the Environment. Thereafter, the agreed details shall be implemented in full prior to first occupation of the development and retained for the lifetime of the development.

REASON: In the interests of sustainable development in accordance with Policies GD 1 and NR 7 of the Adopted Island Plan 2011 (Revised 2014).

  1. Prior to the commencement of development, a Project Design shall be submitted to and approved in writing by the Department of the Environment. The Project Design shall comprise an archaeological watching brief for the duration of the works hereby approved, with provision to record significant remains and post evaluation reporting and once approved in writing, shall be implemented at the applicant's expense in accordance with the approved mitigation scheme. Should there be any unexpected significant finds during the remediation and other ground works, work shall cease on site and the Minister for Planning and Environment shall be notified immediately to allow for proper evaluation of such finds.

REASON: To secure and safeguard the provision for inspection and recording of matters of architectural / archaeological / historical importance associated with the building / site which may be lost in the course of works, in accordance with Policies SP 4 and HE 5 of the Adopted Island Plan 2011 (Revised 2014).

  1. Prior to commencement of the development hereby approved, a programme of recording and analysis of Archway House shall be submitted to, and approved by, the Department of the Environment. The recording and analysis shall be carried out by a suitably qualified person as agreed by the Department. That work shall be carried out in full accordance with the programme approved. Any variations shall be agreed to in writing by the Department prior to the commencement of such work.

REASON: To ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the building or place in accordance with Policies SP 4, HE 1, HE 2, HE 5 of the Adopted Island Plan 2011 (Revised 2014).

  1. Unless otherwise agreed in writing by the Department of the Environment, all external lighting must be erected and directed in accordance with the Institution of Lighting Engineers Guidance Notes for the Reduction of Light Pollution 1994 (revised) as applicable to an area of medium district brightness.

REASON: In the interests of the amenities of the area and in accordance with the requirements of Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014).

  1. Prior to the commencement of development, a detailed water conservation strategy must be submitted to, and agreed in writing by, the Department of the Environment.

REASON: To ensure that an appropriate water conservation strategy is put in place in accordance with Policies GD 1 and NR 2 of the Adopted Island Plan 2011 (Revised 2014).

 

The Minister also brings to the attention of the applicant the following:

  1. Given comments received during the assessment of the application, the States of Jersey recommends that the applicant should be aware of the possible presence of ASBESTOS within the development site. It is recommeded that further advice is sought from a suitably qualified professional prior to the commencement of development so as to reduce the risk to public health.
  2. Given comments received during the assessment of the application, the States of Jersey recommends that the applicant should refer to the guidance on the type of information to be provided in a Demolition/Construction Environmental Management Plan (D/CEMP) which can be found online at: http://www.gov.je/industry/construction/pages/constructionsite.aspx
  3. Given comments received during the assessment of the application, the States of Jersey recommends that the applicant should refer to the guidance on The Control of Dust and Emissions from Construction and Demolition, which can be found online at:  http://www.london.gov.uk/thelondonplan/guides/bpg/bpg_04.jsp
  1. Given comments received during the assessment of the application, the States of Jersey recommends that the applicant should refer to the guidance contained in the document 'Guidelines on Noise Control for Construction Sites' which is available online at  http://www.gov.je/Industry/Construction/Pages/ConstructionSite.aspx and 'British Standard BS5228:2009 Code of Practice for Noise and Vibration Control on Construction and Open Sites'.

Approved Plans:

Location Plan

Proposed Site and Roof Plan 824 10 G

Proposed Lower Ground Floor Plan 824 11 I

Proposed Raised Podium Plan 824 12 H

Proposed First Floor Plan 824 25 B

Proposed Second Floor Plan 824 26 A

Proposed Third Floor Plan 824 27 A

Proposed Fourth Floor Plan 824 28 A

Proposed Roof Plan 824 30 A

Proposed Site Section 01, 02 & 03 824 18 C

Proposed Site Sections 04, 05 & 06 824 33 C

Proposed Site Sections 07, 08 & 09 824 34 C

Proposed Site Sections 10, 11 & 12 824 36 A

Existing & Proposed Context Sections 15 & 16 824 37 A

Proposed Aerial View 01 824 040 A

Proposed Aerial View 02 824 041 A

Proposed Aerial View 03 824 042 A

Proposed Aerial View 04 824 043 A

Proposed Aerial View 05 824 044 A

Proposed Aerial View 06 824 045 A

Proposed Aerial View 07 824 046 A

Proposed Aerial View 08 824 047 A

Proposed Aerial View 09 824 048 A

Proposed Aerial View 10 824 049 A

Proposed Courtyard Views 01 824 050 A

Outline Landscape Design 1518-P0002 Rev B

Outline Landscape Proposal 1518-P0001 Rev B

Landscape & Visual Impact Appraisal

Design Statement

Design Statement Appendix

Planning Statement

Framework Construction & Environmental Management Plan

Non-Technical Summary of EIA

Environmental Impact Statement

Transport Assessment

Phase I Desk Study, Walkover & Risk Assessment

Phase II Intrusive Investigation Risk Assessment Report

Site Investigation Report

Asbestos Survey Report No. 05JB/0116

Asbestos Survey Report X943

Asbestos Survey Report X942/R1/T3

Engagement with Neighbours

Reason(s) for Decision:

The Minister agrees with the recommendation of the Inspector as detailed within his report dated 29 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):

Back to top
rating button