Field No. J525, La Rue des Buttes, St. John: Public Inquiry Decision P/2019/1183

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A decision made on 21 January 2021

Decision Reference: MD-PE-2021-0006
Decision Summary Title:	Public Inquiry Decision: P/2019/1183: Field No. J525, La Rue des Buttes, St John		Date of Decision Summary:	19 January 2021
Decision Summary Author:	Private Secretary		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Report to the Minister for the Environment		Date of Written Report:	25 November 2020
Written Report Author:	Philip Staddon BSc, Dip, MBA, MRTPI		Written Report: Public or Exempt?	Public
Subject: P/2019/1183: Field No. J525, La Rue des Buttes, St John Change of use of part of Field J525 to residential use in connection with development to construct 16 No. three bed dwellings with associated parking and landscaping. Change of use of part of Field J525 to create playing field, vegetable garden, wildlife pond and various ancillary structures in connection with St. John’s School. Block existing and create new vehicular access onto La Rue de la Mare Ballam. Alter existing footpath between La Rue des Buttes and La Rue de La Mare Ballam. 3D model available.
Decision: The Minister hereby APPROVES the planning application, subject to: the imposition of the planning conditions included in the Inspector’s report and an additional planning condition to secure design refinements to enhance the setting of the Listed Melbourne House to the east; the making of a Tree Preservation Order to protect the row of trees to the south of Field J525; and, the applicant entering into a suitable planning obligation agreement, pursuant to Article 25 of the Planning and Building (Jersey) Law, 2002 (as amended), in respect of the following matters; a) The tenure of the housing to be affordable housing and allocated through the Housing Gateway. b) A financial contribution of £31,600 towards cycle and walking connections. c) The playing field to be delivered in accordance with the approved drawings and ceded to the Parish. d) The provision of a footway/cycleway between La Rue de la Mare Ballam and La Rue des Buttes as identified on the approved drawings. e) The relocation of the 30mph sign/zone to the south of the site and associated signage and road markings as identified on the approved drawings. The Director (Development Control) is hereby authorised to compile and issue the said planning permission under powers delegated to him, subject to the satisfactory implementation of the above matters.
Reason for Decision: A Public Inquiry was held into this application with arguments made in writing and at the hearing, in favour and against. The Planning Inspector considered, on balance, that permission should be granted. He cited both benefits and disbenefits of the proposal and concluded that the public interest planning gains (provision of a school playing field and 16 affordable homes on the edge of St John’s village) were sufficient to overcome the concerns, including the normal presumption against development in the Green Zone. The Minister agrees with the Inspector’s recommendation and hereby instructs that planning permission be granted, subject to the conditions listed in the Inspector’s report (including one to secure design refinements at the eastern end of the development to enhance the setting of the Listed Melbourne House to the east); a Planning Obligation Agreement and a TPO to protect the row of trees to the south of Field J525.
Resource Implications: There are no financial or manpower implications arising from this decision.
Action required: Officers to: notify the agent, applicant and other interested parties; serve a Tree Protection Order (‘TPO’); instruct Principal Legislative Drafter to draft a Planning Obligation Agreement; and issue permission.
Signature: Deputy John Young		Position: Minister for the Environment
Date Signed: XX/12/2020		Date of Decision (If different from Date Signed):