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West Lodge, La Route de la Haule, St. Brelade: Planning Application (P/2012/0987): Determination by Minister

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 29 April 2013:

Decision Reference:   MD-PE-2013-0046 

Application Number:  P/2012/0987

(If applicable)

Decision Summary Title :

West Lodge, La Route de la Haule,  St. Brelade, Jersey, JE3 8BD

Date of Decision Summary:

24th April 2013

Decision Summary Author:

 

Senior Planner -

A Coates

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

-

Written Report

Title :

Planning application: Demolish 2 No. dwellings. Construct 2 No. dwellings with vehicular access onto La Neuve Route at West Lodge, La Route de la Haule, St.Brelade.

 

Date of Written Report:

21st March 2013

Written Report Author:

Senior Planner -

A Coates

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  West Lodge, La Route de la Haule, St. Brelade, Jersey, JE3 8BD

 

Demolish 2 No. dwellings. Construct 2 No. dwellings with vehicular access onto La Neuve Route.

 

1. Before construction of the new dwellings commences, the existing dwellings and all associated structures shall be demolished and cleared in accordance with the Waste Management Plan.

 

Reason

For the avoidance of doubt, and to prevent more than two dwellings from occupying the site which lies within the Green Zone wherein there is a presumption against allowing new homes to be built where they are not replacement dwellings.

 

2. A detailed landscaping scheme shall be submitted to show sensitive planting with relevance to the landscape character and wildlife habitats of this area. The scheme shall incorporate measures to strengthen the boundary planting and to substantially strengthen the tree planting on the cotil immediately west of the proposed dwellings.  Such a scheme shall be implemented within the first planting season following the completion of the development and any tress or shrubs dying within 5 years shall be replaced. No trees shall be felled until a full tree / shrub removal plan has been approved by the Department.

 

Reason

In order to protect and enhance existing habitats and to increase the tree planting on the cotil in the interests of securing a significant environmental improvement to the site.

 

3. Notwithstanding the submitted plans, a complete schedule of  all external materials (including finished colours) and surfacing, precise siting, finishes and, method of opening & reveal depths, all wall & roofing materials, new windows, external doors, lighting and rainwater goods shall be submitted to and approved by the Department and such schedule shall thereafter adhered to unless otherwise agreed by the Department. The schedule shall include physical samples of all external materials to be used.

 

Reason

To ensure that the materials and detailing are appropriate to the original design of the dwellings and to the character of the area. 

 

4. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order, 2011, no additions, extensions, fences, walls, sheds, illumination 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.

 

Reason

In order that the Minister may retain control over any future extensions or alterations to the dwellings, to ensure that such are appropriate to the original design of the dwellings and to the character of the area.

 

 

5. Before any dwelling is occupied, the proposed means of boundary treatment to all external aspects of the development, and between the dwellings and their driveways shall be submitted to and approved in writing by the Department and shall be installed to the satisfaction of the Department. The roadside boundary wall shall be faced with traditionally coursed granite and shall be completed prior to the occupation of the new dwellings.

 

Reason

In the interests of the visual amenities of the area.

 

6. Further details of the proposed access points, any gates, verges and footways parking and manoeuvring arrangements shall be submitted to the Department for written approval prior to works commencing on those elements of the proposed development. The subsequently approved access, verges, footways, parking and manoeuvring arrangements shall be fully implemented to the satisfaction of the Department, before any dwelling on the site is first occupied. Any gates erected in the access drive shall be sited at least 6 metres from the back edge of the highway.

 

Reason

In the interests of the free and safe flow of traffic on the highway and pedestrian safety.

 

7. Prior to the commencement of development, an Ecological Survey of the site shall be carried out by a suitably qualified professional and, if recommended, mitigation measures implemented thereafter in order to protect any habitats, current dreys or nests found.

 

Reason

In the interests of protecting any wildlife habitats on the site.

 

8. Any window or other glazed element above ground floor level in the southern elevation to the southernmost dwelling shall be obscure glazed and non-opening. This includes the glazed panel to Bedroom No 4 as shown on the approved plans.

 

Reason
In order to prevent any direct overlooking of the adjacent residences.

 

 

Reason(s) for Decision:

The Minister has resolved to approve the application, subject to the compliance of Conditions.

 

In reaching his decision, the Minister considered the proposed development to be acceptable having due regard all of the material considerations raised. In particular, the development has been assessed primarily against Policies SP1, SP2, GD1, GD2, GD7 and NE7of the 2011 Island Plan. In this case, the proposed development is regarded as acceptable because the application clearly demonstrates a potential to deliver substantial environmental gain, repair of landscape character with tree planting on the backdrop and, the provision of two family homes in place of the uninhabitable units on site at present. Such gain is considered, on balance, to outweigh the general presumption against all forms of development within the Green Zone.

 

In respect of Policy GD2, the policy requires that proposed new buildings serve to enhance the appearance of the site and surroundings and should be seen to replace a building that is not appropriate to repair or refurbish. The existing West Lodge structures on site are of a relatively poor quality construction with little architectural merit and currently lying in a derelict and uninhabitable condition. The Minister considers that the proposed replacement is of a higher quality, in terms design, sustainability, the family accommodation offered and method of construction.

 

The proposal is not considered to be in unreasonable conflict with Policy GD2.

 

 

 The Minister also considered that in 'handing' the southern unit, the proposal would result in a more visually balanced development from the originally proposed scheme as well as taking the building further from the nearest residential property at La Haule Court flats, thereby reducing any potential for dis-amenity to occupants of those dwellings. The Minister further considered that in using a shared vehicular access point, any potential impact on loss of on-street parking spaces and on the free and safe flow of traffic along La Neuve Route will be minimised. 

 

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):

 

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