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

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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):

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

Department of the Environment

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Department of the Environment

Report for Planning Applications Panel/ Ministerial Meeting

Site Visit (delete if no SV required)

1. Application Number

P/2012/0987

2. Site Address	West Lodge, La Route de la Haule, St. Brelade, JE3 8BD.

3. Applicant	Mr N Campbell

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

5. Type	Major Application

6. Date Validated	02/08/2012

7. Zones & Constraints	Green Zone Primary Route Network
Summary	The site is within the Green Zone, on the edge of the urban settlement of St Aubin and lies immediately north of La Haule Court flats. Policy NE7, makes permissible replacement dwellings but only where the scale, location and design would not detract from, or unreasonably harm, the character of the area. The character of this area is not one of open countryside, but rather one with a sub-urban feel to it. The existing dwellings on site are clearly substandard in terms of construction and condition and their replacement by a pair of family homes is considered to be acceptable in principle. The design is a simple, but of a high quality and further tree planting will be undertaken on the backdrop to the west of the properties. The Department does not consider that the proposed development would detract from, or unreasonably harm, the character of the area. Objections have been received, relating to inappropriate development in the Green Zone, overdevelopment of the site and loss of parking spaces. The Department has considered these objections but does not believe that there is sufficient justification to recommend refusal on policy grounds.
Department Recommendation	Approval subject to conditions.

8. Site Description & Existing Use	Residential. The site is immediately north of the 3-storey La Haule Court flats and has a privet hedge (or similar) along the road frontage. The granite wall enclosing the gardens to La Haule Manor terminates at the site boundary. West Lodge was recently inspected as part of the Department’s review into the Island’s listed buildings and deemed to be “…of limited architectural and historic interest”. The existing structures were not added to the Register.

9. Proposed Development	The demolition of two derelict dwellings and their replacement with two, detached family homes with garaging. Also included are two new vehicular accesses on to La Neuve Route – one to serve each dwelling.

10. Relevant Planning History	P/2003/1010; Demolish existing dwellings and garage and construct new (larger) house and garage. APPROVED September 2003. (The permission has since lapsed). .

11. Consultations	Highways section of TTS in its letter dated 2nd August, 2012 raise concern that the proposal will result in the loss of up to 6 on-street parking spaces and would prefer to see either a single-point access or two side-by-side accesses in order to minimise the parking loss. However, the applicant’s agent contests the quantum of this loss and believes that the loss of the westernmost parking space will actually significantly improve the visibility splay for cars exiting the adjacent block of flats – La Haule Court. A single-point access, the agent argues, would still require the removal of some of the parking spaces and would also result in a house layout that may then create additional problems of overlooking Natural Environment Section of DoE in its letter dated 16th August 2012, comments that the proposal has the potential to damage local habitats during the demolition / construction phase. It is, therefore, recommended that prior to any development commencing, a biodiversity statement be submitted to show how any impact on local habitats can be mitigated. Environmental Health in its letter dated 30th August, 2012, comments that the site contractor should comply with the Department’s guidance on noise control and dust emissions from construction sites. The applicant has been suitably advised. All consultations are attached with the background papers

12. Representations	6 Letters have been received including one from The Parish of St Brelade Planning Group and one from the National Trust for Jersey. Concerns raised include: -Overdevelopment of the site. - the buildings will not enhance the site and surroundings and would not respect La Haule Manor or the wider environment. - The view from the coast would be compromised. - Possible loss of privacy. - Inadequate drainage. - Impact on Green Backdrop. - Undesirable loss of habitat, part of a granite wall and existing on-road parking spaces. Potential surface water run-off onto the road. All letters of representation and responses are attached with the background papers

13. Planning Assessment
a) Policy Considerations	SP1 – Outside the Built-up Area, planning permission will only be given for (among other things) development appropriate to the countryside and, where it meets an identified need and is appropriate to do so. The existing dwellings are in a very poor condition and have, previously been granted planning permission for demolition and replacement. The Department accepts that there is a need to replace the dwellings, if they are ever to be fit for purpose and, as such, Policy SP1 is not compromised by this proposal. SP2 – Development should make the most efficient and effective use of land, energy, water resources and buildings. New development should secure the highest viable resource efficiency in terms of the re-use of existing land and buildings. In this instance, the re-use of West Lodge as two dwellings fit for purpose would entail major works to consolidate and insulate the properties and this in itself would almost amount to a re-build of the dwellings. A pair of new family homes constructed to modern standards of sustainability is considered to be a more efficient and effective use of the site. GD 1 – Outlines the material considerations against which all development proposals will be tested, including the need for the highest standard of design and construction and the need to prevent unreasonable harm to neighbour amenity or to the character of an area. In this instance, the proposal is not likely to have an unreasonable impact on the amenities of the neighbouring residents, by virtue of overlooking. Moreover, the form and design of the proposed dwellings is considered to exceed the Minister’s requirement for a high standard of architecture. GD 2 – in the case of a replacement building, the new building must enhance the appearance of the site and surroundings and should be seen to replace a building that is not appropriate to repair or refurbish. West Lodge is not of any intrinsic architectural merit and the Department considers that replacement dwellings would be permissible, but only if the standard of design was high and that it served to secure some form of environmental enhancements. Key to this proposal is an undertaking to strengthen the tree planting within the green backdrop (note; the site is not formally designated as Green Backdrop Zone). A condition is recommended to secure such planting and with this in place, the Department considers that Policy GD2 will be satisfied. GD 7 – Requires a high quality of design that respects, conserves and contributes positively to the landscape and built context. In this instance, the proposed development shares a modern but simple design that aims to provide a good standard of internal living space while NE7 – General presumption against all forms of development in the Green Zone, but makes for provision for the replacement of a dwelling, subject to compliance with other requirements of the Plan and where the scale, location and design would not detract from, or unreasonably harm, the character of the area. The character of this area is not one of open countryside, but rather one with a sub-urban or edge of settlement feel to it. Buildings already occupy this site and the site will remain in residential use. The character of the site will not, therefore be fundamentally or unreasonably changed. The proposals are, accordingly, considered to be compliant with the provisions of Policy NE7.

b) Size, scale Form and Siting	The proposed dwellings have been designed with flat roofs to keeps their profile as low as practicably possible. Roof heights would be approximately in line with the eaves height of the adjacent flats. By keeping the properties detached, this also prevents the two buildings from taking on an accumulated mass. Overall, the Department considers that the proposed dwellings are of an appropriate size, form, scale and siting for this location.

c) Architectural Design and Use of Materials	The new dwellings would be of a relatively light-weight design with the two upper floors being progressively stepped back away from the road. The structures would share a horizontal emphasis and be constructed with rendered side walls, a largely glazed front and flat, aluminium capped roofs. The design is modern, but very simplistic and, in the location next to the flats, this is considered a more appropriate approach than promoting a pastiche development. The hedgerow will be replaced by a sold granite wall to the road frontage and this will serve to tie the site back to La Haule Manor itself The Department is satisfied that the proposal accords with the Minister’s requirement for a high standard of design and complies with the provisions of Policy GD7.

d) Impact In the Landscape/Street	The two new dwellings would be set back from the road and will be seen against the green backdrop. To the west of the dwellings will be the 3-storey brick built La Haule Court flats

e) Impact on Neighbours	The two new dwellings have been designed, externally and internally, in order to reduce the potential for any overlooking from habitable rooms into the adjacent flats. With the prime views out over the bay, the Department does not consider that the proposal will result in any unreasonable harm to neighbour amenity.

f) Access, Car Parking & Highways Considerations	The concerns of the Highways section in relation to loss of on-street parking is fully appreciated. However, the two dwellings do not currently have the benefit of a vehicular access and the parking to be lost is not short-term visitor parking, but longer 12-hour parking. The loss of any parking space is regrettable, but in this instance, the loss is considered to be acceptable, given the potential to bring this site back into use as two homes

g) Foul Sewage & Surface Water Disposal	The properties will be connected to the public foul sewer network.

h) Landscaping	Key to this proposal is an undertaking to strengthen the tree planting within the green backdrop (note; the site is not formally designated as Green Backdrop Zone). A condition is recommended to secure such planting and with this in place, the

i) Archaeology	The site is not an acknowledged area of archaeological interest

j) Waste Management	A waste management plan has been submitted, indicating that where it is not possible to re-use materials on site, the remainder of materials will be taken for recycling at an approved site.

k) Planning Obligations & Percent for Art	The proposal does not reach the Percentage for Art threshold and there is no identified need for a Planning Obligation Agreement.

l) Contaminated Land	n/a

m) Sustainability	The two West Lodge dwellings are, currently, uninhabitable by today’s standards. The properties are not suitable for renovation owing to their very poor condition.

n) Other Matters	n/a

14. Conclusion

The site is within the Green Zone, on the edge of the urban settlement of St Aubin and lies immediately north of La Haule Court flats. Policy NE7, makes permissible replacement dwellings but only where the scale, location and design would not detract from, or unreasonably harm, the character of the area. The character of this area is not one of open countryside, but rather one with a sub-urban feel to it.

The Department does not consider that the proposed development would detract from, or unreasonably harm, the character of the area.

15. Department Recommendation	Approval subject to conditions.

16. Conditions	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.

17. Reason for Approval	The proposed development is considered 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 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.

18. Background Papers	1:2500 Location Plan 3 consultation responses 6 letters of objection

Endorsed by:	Date: