12, 14, 16, 18 Hilgrove Street & 8, 10 & 12, Halkett Street, St. Helier: Determination of Planning Application P/2006/2367

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 15 November 2011:

Decision Reference: MD-PE-2011-0114

Application Number: P/2006/2367

(If applicable)

Decision Summary Title :

12,14,16,18 Hilgrove Street & 8, 10 & 12, Halkett Street, , St. Helier, Jersey, JE2 4WJ

Date of Decision Summary:

11 November 2011

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

Person Giving

Oral Report:

Planning Officer

Written Report

Title :

P/2006/2367

Date of Written Report:

11 November 2011

Written Report Author:

Planning Officer

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: , 12,14,16,18 Hilgrove Street & 8, 10 & 12, Halkett Street, St. Helier, Jersey, JE2 4WJ

Demolish existing buildings and construct new 3 storey retail unit and 1 No. 1 bed flat. Retain facades of 12 and 14 Hilgrove Street.

Decision(s):

The Minister considered the written report and resolved to endorse the Department Recommendation, that the application be approved.

Reason(s) for Decision:

The proposed development is considered to be acceptable having considered all of the material considerations raised, including relevant representations. In particular, the development has been assessed against policies HE1 and HE5 of the Jersey Island Plan 2011. In this case, the proposed is regarded as a suitable exception due to the particular circumstances of the relevant properties, the planning history and the proposed conditions as set out on the Department Written Report (as attached).

Resource Implications:

None

Action required:

Notify Agent, Applicant and all other interested parties

Signature:

Deputy R Duhamel

PLeg / AS

Initials

Position:

Minister for Planning and Environment

Date Signed:

Date of Decision (If different from Date Signed):

11 November 2011

12, 14, 16, 18 Hilgrove Street & 8, 10 & 12, Halkett Street, St. Helier: Determination of Planning Application P/2006/2367

Applications No:P/2006/2367

Valid Date:

02/11/2006

Deadline Date:

01/02/2007

Address: 12,14,16,18 Hilgrove Street & 8, 10 & 12, Halkett Street, St. Helier, JE2 4WJ.

Registered
Listed Building
Potential Listed Building	X
Potential Listed Building
Not Registered

Description of Work: Demolish existing buildings and construct new 3 storey retail unit and 1 No. 1 bed flat. Retain facades of 12 and 14 Hilgrove Street.

Zones/Listed: Town Map Area
Built-Up Area
Town Centre
Pot Town Conservation Area
Pedestrian Improvement Area
Pot Pedestrian Priority Street
Blg Loc Int-12&14 Hilgrove St

Context
Site Description and Existing use	Site is now a vacant plot on the corner of Halkett Street and Hilgrove Street, in the pedestrianised centre of St Helier’s main shopping area.
Proposal and Proposed Use	The application seeks permission to redevelop the site for a three storey retail unit, comprising sales area over ground and first floor (346 sq m to each) with a storage area and managers flat to the second floor. The site includes 12 and 14 Hilgrove Street, which are both potential Listed Buildings (and 14 is an Archaeological site) with the buildings both proposed for demolition with the exception of the retained facades.
Policy Considerations	HE1 and SP4 of the Jersey Island Plan 2011.
Relevant Planning History	Permission was granted under application reference P/2004/1414 on 12 July 2005 for the redevelopment of the site for retail purposes (the site excluded 12 and 14 Hilgrove Street). This was a ‘modern’ retail unit, with large glass facades. RC/2008/2127 amended condition 1 of the P/004/1414 permission. This permission has been implemented and the site has been cleared. Prior to this was: 11489/F – submitted Sept 2000 and sought permission for demolition of all buildings and replacement with 3-storey retail unit and flat. Refused as it was unacceptable to demolish 12 and 14 Hilgrove Street. P/2002/2918 – as 11489/F but with further evidence regarding the BLI’s. This was also refused and, taken to the Royal Court, where the decision was upheld.

Officer Analysis
Design (Form, size, scale, siting)	This application is for the same retail use, but has remodelled the elevations of the proposal to deliver a building which is traditional in its elevational treatment, and which now includes the buildings at 12 and 14 Hilgrove Street, retaining just their facades.
Architectural Detail and use of materials	Details of materials are not specified in the application but a simple palette of slate / render would be appropriate. There is a substantial ground floor shopfront which would need to be appropriately detailed.
Impact on Neighbours	Neighbours are generally commercial, however, there are flats above several shops (particularly to the north). The scale / form of the original building means the impacts are unlikely to be unreasonable, but the ‘hidden’ northern and western elevations would need to be detailed.
Access, car parking and Highway considerations	No car parking is proposed – PoSH have confirmed the servicing arrangements.
Landscaping Issues	n/a

Other Material considerations	Required		Provided		Comments
	YES	NO	YES	NO
Percentage For Art	x			x	Proposal is total of 1,008 sq m, which is over the 500 sq m threshold, but %for art has not been offered.
Contaminated Land		X
Archaeology	x				See later “recommendation”
Waste Management		x		x	Building has been cleared under earlier permit
Foul Sewage Disposal	x		x		Mains

Other material considerations

Statutory Considerations
Statutory advertising period expired?	JEP Date Site Notice Cert Date Photo received/ok?	21 Dec 2010	Comments
		24 Dec 2010
		Y
Summary of consultations	Parish of St Helier – letter of 13 January 2011 – confirm support in principle, subject to: • compliance with Highway regulations in relation to projections; • deliveries being restricted to between 6am – 10am daily; • restrictions on construction practices due to location; • consideration of alternative support methods for the facades of 12 and 14 during construction. Environment – letter of 11 January 2011 – make observations regarding waste management and environmental protection (groundwater). HET – request Archaeological DBA and Standing Building Survey [considered in later “recommendation” section
Summary of Representations	Four letter received Mr Keith Shaw – letter of 5 January 2011 – requests that car parking standards are properly applied. Societe Jersiaise – letter of 10 February 2011 – express concerns about: • the principle of facadism to 12 and 14 • the behaviour of the owner • the practicalities of retaining the facades They note the new application presents a 19th century design, yet seeks to destroy the genuine 19th century structures. National Trust for Jersey – letter of 8 February 2011 – object to the loss of the structures behind the facades of 12 and 14 Hilgrove Street. JS Carney & Company – 12 August 2011 – (acting on behalf of owner of Hilgrove House, adjacent to the west) raise several concerns about the flank elevations and positions of plant / machinery (aircon etc)
Responses from applicants/ amendments/ Re-advertised?	No responses received from applicant

Recommendation
Conclusion /Summary	The proposal is essentially a redesign of an approved form – reverting to a traditional finish. This is entirely appropriate subject to details being clarified. The key matters relate to heritage issues. In this regard the present position is: 12 Hilgrove Street is a Potential Listed Building 14 Hilgrove Street is a Potential Listed Building and an Archaeological site. The consultation response from HET (7 July 2011) follows consideration of the submitted Standing Building Survey for 14 Hilgrove Street, and the Archaeological DBA for 12/14 Hilgrove Street. HET confirm that the evidence has not been submitted that would permit the substantial demolition of these two protected buildings, and they do not consider that requesting further work would give sufficient weight and evidence to support their demolition. In relation to the Archaeological DBA, HET confirm the submission indicates a Stage 2 Evaluation should be undertaken and a method statement submitted for approval. This moves beyond preservation in situ, and recommends preservation by record for 14 Hilgrove Street through an Archaeological Building Recording Investigation. In relation to the Standing Building Survey for 14 Hilgrove Street, HET agree with the report, that this is a modest Georgian shop without any particularly remarkable or unusual features. In a ‘wrap-up’ memorandum of 27 October 2011, HET reconfirm they resist the application and support refusal, however, if an approval is progressed they ask for 2 conditions, covering: Full Building Recording; Archaeological Excavation, of the whole site.
Recommendation	Approve
RFA (Reasons for Approval)	"The proposed development is considered to be acceptable having considered all of the material considerations raised, including relevant representations. In particular, the development has been assessed against policies HE1 and HE5 of the Jersey Island Plan 2011. In this case, the proposed is regarded as a suitable exception due to the particular circumstances of the relevant properties, the planning history and the proposed conditions.”
Conditions	1. Prior to the commencement of development, full Building Recording shall be undertaken, to a Brief to be first submitted to and approved in writing by the Minister for Planning and Environment, to include: The building should be recorded in plan at each level (if necessary sketch planned to show lost features) at a scale of 1:20/1:50. The plan should be annotated to indicate the likely date or phasing of individual elements. The interior elevations should be investigated and recorded in elevations at scale 1:20/1:50 to indicated features, and breaks in construction. A separate copy of the drawing should indicate the likely date or phasing of individual elements. Where significant features remain within the building these should be recorded on plan and one or more section drawings at scale 1:20/1:50. A photographic record should be made of the interior, both in general views and individual details. A written report should give an overall summary of the development of the building, any known history and archaeology, and a description of the historic features that have been found. Particular points of interest to be considered would include: - Construction materials and techniques in masonry and carpentry; - Evidence of fittings such as panelling, doors, windows and staircases, and also door-knobs, window catches, and sash pulleys; - Evidence for decoration (wall-painting, wallpaper and decorative schemes); - Evidence for the fittings and use of the shop. The recommendation for scale 1:20/1:50 is a reference to the need to record at a scale of at least 1:20 to accurately capture detail, but that the final drawing may be able to be reproduced at a smaller scale. To accord with Policy HE1 and HE5 of the Jersey Island Plan 2011. 2. Prior to the commencement of development, an archaeological assessment of the whole site shall be undertaken, to a Brief to be first submitted to and approved in writing by the Minister for Planning and Environment. To accord with Policy HE1 and HE5 of the Jersey Island Plan 2011. 3. Prior to the commencement of development full details (including samples) of the external materials (including rainwater goods, roof, elevations and shopfront) shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implemented in full prior to first occupation and maintained in perpetuity. In the interests of delivering a high quality design in accordance with Policies SP7 and GD7 of the Jersey Island Plan 2011. 4. Prior to the commencement of any work on site the applicant shall submit details of all proposed plant and equipment proposed to service the development, including the proposed locations. Any externally audible equipment e.g. condenser units or other plant must comply with NR35 night time and NR45 daytime measured 1 metre from the façade of any habitable accommodation. To protect the existing and proposed residential amenity in accordance with Policy GD1 of the Jersey Island Plan 2011. 5. The flat as indicated on the second floor shall only be accommodation for a full time manager or other full time staff the retail unit hereby approved, and shall not be let or otherwise occupied by a person who is otherwise not connected with the subject retail unit. For the avoidance of doubt and in the interests of residential amenity to ensure compliance with Policy H9 of the Jersey Island Plan 2011. 6. All servicing of the retail unit hereby approved shall only be between 6am – 10am daily. In the interests of the amenity of the area and to ensure adequate service infrastructure in accordance with Policy GD1 of the Jersey Island Plan 2011. 7. Prior to the commencement of development, details shall be submitted to and approved by the Minister for Planning and Environment, to provide a Construction Environmental Management Plan to be thereafter implemented and maintained until completion of the development. The Construction Environmental Management Plan shall include: A. A demonstration of compliance with best practice in relation to noise and vibration control, and control of dust and emissions; B. Details of a publicised complaints procedure, including office hours and out-of-hours contact numbers; C. Specified hours of working. In the interests of protecting the amenities of the area generally and to accord with of Policy GD1 of the Jersey Island Plan 2011. 8. Unless otherwise agreed in writing by the Minister for Planning and Environment, the facades of 12 and 14 Hilgrove Street shall be retained and repaired in accordance with the submitted Engineers Report as per the Method Statement referenced in approved Document P. To accord with Policy HE1 and HE5 of the Jersey Island Plan 2011. INFORMATIVE Any advertisements will need to be subject to a separate application for advertisement consent.
Reasons	As above
Site Visited	Various – known to officer
Final Drawings (Log)	A: Location plan B: Existing East and South Elevations F: Existing Basement Plan - 12 & 14 Hilgrove Street G: Existing Ground Floor Plan - 12 & 14 Hilgrove Street H: Existing First Floor Plan - 12 & 14 Hilgrove Street I: Existing Second Floor Plan - 12 & 14 Hilgrove Street J: Site Plan K: Existing Ground Floor Plan - 8 & 10 Halkett Street L: Existing Second Floor Plan - 8 & 10 Halkett Street M: Existing Plans - 12 Halkett Street N: Proposed Elevations O: Proposed Plans & Sections P: Engineers Report Q: Standing Building Survey 14 Hilgrove Street R: Archaeological Desk Based Assessment 12-14 Hilgrove Street.
Planning Officer	JN
Recommendation Date	11 November 2011

Note: This sheet should be positioned under the DCR within the file. One set of the final drawings should be paper-clipped together in the wallet.

Endorsed by:

Written Ministerial Decision

Date:

11 November 2011