Westmount Quarry (Former Parish Depot), Westmount Road: Planning Application

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 25 April 2013:

Decision Reference: MD-PE-2013 -0047			Application Number: P/2012/1654 (If applicable)
Decision Summary Title :	, Westmount Quarry (Former Parish Depot), Westmount Road, , , Jersey, JE2 3LP		Date of Decision Summary:		23 April 2013
Decision Summary Author:	Principal Planner		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 :	P/2012/1654		Date of Written Report:		25 March 2013
Written Report Author:	Principal Planner		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Westmount Quarry (Former Parish Depot), Westmount Road, Jersey, JE2 3LP Redevelopment of former parish depot and disused quarry to provide 242 residential apartments, plus ground floor artists studio and residents’ gym, basement and ground level parking for 256 vehicles with associated plant and refuse areas. Alterations to existing vehicular entrance. Creation of new ground level public space to include improved access to cemetery, new landscaped residential amenity space, re- grading, stabilization and re-planting existing of existing quarry faces. (EIS Submitted).
Decision(s): At the Ministerial Meeting of 5 April 2013, the Minister heard application P/2012/1654 and indicated he was deferring his decision to undertake a site visit, and to specifically view the site from the objector’s apartments in the neighbouring property, Regent House. The site visit was undertaken on 9 April 2013, and the Minister has confirmed he is endorsing the recommendation that the application be approved, subject to the completion of a Planning Obligation Agreement as specified in the Department Report. In addition, the Minister has confirmed that the conditions set out within the Department Report should be supplemented with additional conditions as follows: Prior to the commencement of development of the above basement superstructure a package of environmental enhancements shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implemented prior to first occupation and retained in perpetuity. The package shall include: the use of solar powered lighting for external areas; smart meters for water and electricity consumption visible within the kitchens of every residential unit; in-sink food waste disposal units to produce communally collected compostable food waste; rainwater harvesting for the irrigation and watering of landscaped areas; and, separated communal waste collection facilities, to include food compost, glass and cardboard. Reason: In the interests of sustainable development, the reduction of waste and the delivery of adequate environmental infrastructure, in accordance with Policies SP2, GD1, NR2, NR7 and , WM1 of the Jersey Island Plan 2011. Prior to the demolition of the roadside Lodge building a scheme of architectural salvage shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implemented prior to first occupation and retained in perpetuity. The scheme shall include for the reuse of the dressed granite and the mosaic threshold, plus any interior features of the roadside Lodge. Reason: In the interests of sustainable development and to deliver a high design quality in accordance with Policy GD1 of the Jersey Island Plan 2011. Prior to the removal of the roadside wall to Westmount Road, details of the replacement provision shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implemented prior to first occupation and retained in perpetuity. The scheme shall include for the retention or reuse of the existing roadside railings, and the reinstatement of the granite wall. Reason: In the interests of sustainable development and to deliver a high design quality in accordance with Policy GD1 of the Jersey Island Plan 2011. Prior to the commencement of development of the above basement superstructure, details of an enhanced soft landscaping scheme for the area to the north of Block D shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implemented prior to first occupation and retained in perpetuity. The landscape scheme shall include for pergola structures and acoustic fencing to the access to the basement car park, and pergolas over the surface car parking, with suitable soft landscape planting. Reason: In the interests of sustainable development and to deliver a high design quality in accordance with Policy GD1 of the Jersey Island Plan 2011. Prior to the commencement of development hereby permitted, a report setting out the arrangements for the management of the landscaped areas shall be submitted to and approved by the Minister for Planning and Environment, to include that any trees or plant(s) planted in accordance with the approved landscape scheme, which within a period of five years from the planting taking place; die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season, unless the Minister for Planning and Environment gives written consent for a variation of the scheme. Reason: To mitigate against the potential failure of trees and plants, and the extent to which that might threaten the success of the approved landscape scheme and in accordance with the requirements of Policies SP7 and GD7 of the Jersey Island Plan 2011.
Reason(s) for Decision: Permission has been granted, subject to the conditions as specified and the completion of a Planning Obligation Agreement, having taken into account the relevant policies of the approved 2011 Jersey Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received. A small part of the application site is designated as Important Open Space in the Island Plan, but the Minister considered that this was an insubstantial departure from the Plan given the contribution the development would make towards meeting the Island's housing needs within the Built-Up Area. The Minister considered the impacts on the amenities of the residents of Park Heights and concluded that the development did not cause serious harm. The Minister specifically noted the relationship of the basement access ramp to Park Heights, and requested a condition requiring the enhancement of the landscape to the north of Block D to improve the outlook from Park Heights and reduce any perception of harm to amenities. In particular the Minister considered that the revocation / withdrawal of the extant permission granted under P/2008/1778 was a significant material consideration, in that the current application performed significantly better against a range of planning policy requirements, including in relation to the townscape and landscape impacts, the relationship with neighbours and the amenities of prospective occupiers.
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):