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A decision made 14 January 2009 regarding: Bel Royal Housing Development - variation of planning conditions.

Decision Reference: MD–PE–2009-0XXX
Decision Summary Title :	DS – Category A Housing Development at Bel Royal – Request to vary condition 55 P/2006/2489 RC/2008/2599		Date of Decision Summary:	14th January 2009
Decision Summary Author:	Roger Corfield Principal Planner: Policy and Projects		Decision Summary: Public or Exempt?	Public
Type of Report:	Written and Oral		Person Giving Oral Report:	Roger Corfield, Principal Planner
Written Report Title :	WR – Category A Housing Development at Bel Royal, St. Lawrence – Request to vary Planning Condition 55 (Foul Drainage).		Date of Written Report:	14th January 2009
Written Report Author:	Roger Corfield Principal Planner: Policy and Projects		Written Report : Public or Exempt?	Public
Subject: An application from the developer to vary Planning Condition No.55 to allow for Plot 95 to be added to the list of homes that may be occupied in advance of the remainder of the development and of the completion of the approved foul drainage system.
Decision(s): The Minister for Planning and Environment decided to: (1) Approve the application to vary planning condition no. 55 (Foul Drainage) to read as follows: “No dwelling shall be occupied until the foul drainage works to serve the development have been designed, constructed and completed to the extent necessary to permit the occupation and enjoyment of that particular dwelling unit, to the satisfaction of the Minister for Planning and Environment, in consultation with Transport and Technical Services (Drainage). Prior to the completion of the development hereby permitted, the foul pumping station shall be designed and constructed to the specification of Transport and Technical Services (Drainage) and connected to the 27 inch public gravity foul sewer adjacent to the sea wall. For avoidance of doubt, the foul water disposal shall meet the requirements set out in the comments sheet from PSD(Drainage) dated 13th October 2005 and the additional comments set out in the letter from TTS(Drainage) dated 5th December 2006 (see attached). Units 50, 52-58, 60, 62, 76, 81, 91, 94, 95 and 96 may be occupied in advance of the remainder of the development and of the completion of the approved foul drainage system, provided the sewage waste from these units is discharged through the permanent foul drainage system into a temporary storage tank / tight-tank formed from an adaptation of the approved foul pump station and with suitable provision for emptying the tank. Any such temporary arrangement shall be designed and implemented to the satisfaction of Transport and Technical Services (Drainage) and the Building Control department.” (2) Vary Planning Condition No.31 (Noise Exposure) to allow compliance with the requirements for an approved Noise Protection Scheme and the implementation of that scheme “prior to the occupation of the development hereby permitted, with the exception of plot numbers 50, 52-58, 60, 62, 76, 81, 91, 94, 95 and 96.” (3) Vary Planning Condition No.31 (Noise Exposure) to make it clear that unit 95 as well as units 50, 52-58, 60, 62, 76, 81, 91, 94, and 96 “shall be made to comply fully with the approved Noise Protection Scheme.” (4) Vary Planning Condition No.14 (Security of rear access paths) to require the approval of details “prior to the occupation of the development hereby permitted, with the exception of plot numbers 50, 52-58, 60, 62, 76, 81, 91, 94, 95 and 96.” (5) Make it clear to the developers that the decision to permit occupancy of Plot 95 is dependent on the property being signed off for occupancy by the Planning Department and the Building Control. (6) Advise the developers that he will not permit any further release of plots for early occupancy in advance of the satisfactory implementation of the approved permanent foul drainage system.
Reason(s) for Decision: · To permit the owners of Plot 95 to complete their purchase and occupy the home in question and assist in making available a much needed affordable first-time buyer home; · To regularise the current position so that the developers and the purchaser of Plot 95 will not be in breach of the planning conditions and obligations to which the approved development is subject; · To ensure that, whilst allowing for the early occupancy of Plot 95, the conditions attached to the grant of planning permission and the clauses in the associated Planning Obligation Agreement remain fair, reasonable and appropriate and continue to: · Ensure adequate provision for the disposal of foul water; · Protect the amenities of future occupants of approved properties; and · Ensure secure controlled access to private rear gardens and courtyards.
Resource Implications: None
Action required: 1. Inform the developer, TTS(Drainage) and local political representatives of the Minister’s decision. 2. Issue a Planning Permit with the varied conditions. 3. Advise the Law Officers to take account of the variations in its on-going considerations of how best to address modifications to the terms of the existing ‘Planning Obligation Agreement’.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):