Decision: The Minister allowed the appeal in full and hereby grants permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development ; “Demolish existing building and construct 3 No. retail units, 26 No. one bed and 5 No. two bed residential units. AMENDED PLANS: Site edge extended to include part of the public highway. Various public realm improvements to the public highway. Various alterations to the external design and appearance”. This permission is granted subject to the applicant entering, within three months of the date of this decision, into a suitable planning obligation agreement, pursuant to Article 25 of the Planning and Building (Jersey) Law, 2002 (as amended), in order to guarantee the provision of the following; A. The use of the 31 no. new residential units, delivered by this planning application, as affordable rented or assisted ownership housing in perpetuity, to be occupied by eligible persons referred through the affordable Housing Gateway register or otherwise certified by the Minister for Housing. In the event that a suitable planning obligation is not agreed within three months of this decision, the application shall be returned to the Planning Committee for further consideration. AND, subject to compliance with the following conditions and approved plans: 1. The development shall commence within five years of the decision date. Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. 2. The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission. Reason: To ensure that the development is carried out and completed in accordance with the details approved. 3. Prior to the commencement of development, a Demolition / Construction Environmental Management Plan (D/CEMP) shall be submitted to, and agreed in writing by, the Department of the Environment. The D/CEMP shall thereafter be implemented in full until the completion of the development and any variations agreed in writing by the Department prior to such work commencing. The Plan shall include an implementation programme of mitigation measures to minimise any adverse effects of the proposal, and shall include, but is not limited to; a) a demonstration of best practice in relation to noise and vibration control; and control of dust and emissions (such as noise and vibration, air, land and water pollution); b) details of a publicised complaints procedure, including office hours and out-of-hours contact numbers; c) specified hours of working (to include that work which would result in noise being heard outside the application boundary occurs only between 8am and 6pm Monday to Friday, and 8am to 1pm on Saturdays, with no noisy working outside these times, and no noisy work on Bank or Public Holidays); d) details of any proposed crushing / sorting of waste material on site; e) details of the proposed management of traffic and pedestrians (to include for vehicle wheel washing); and f) measures taken to detect and manage any asbestos. REASON: To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD 1, GD 6 and WM 1 of the Adopted Island Plan 2011 (Revised 2014). 4. Waste management shall be implemented in full accordance with the approved Waste Management Strategy. Any variations shall be agreed to in writing by the Department of the Environment prior to the commencement of such work. REASON: To protect the amenities of the occupiers of neighbouring properties and the visual amenities of the surrounding area, in accordance with Policies GD 1 and WM 1 of the Adopted Island Plan 2011 (Revised 2014). 5. Notwithstanding the indications on the approved plans, prior to the commencement of any construction on site, full details (including samples) of all external materials to be used to construct the development shall be submitted to and approved in writing by the Department of the Environment to be thereafter implemented prior to first occupation and maintained for the lifetime of the development. In respect of the new external brickwork, sample panels (measuring at least 1m² and including a corner) shall be constructed, and made available for the inspection of Department officers, prior to agreement of this detail. REASON: To ensure a high quality of design and in accordance with Policies SP 7 and GD 7 of the Jersey Island Plan 2011 (revised 2014). 6. All planting and other operations comprised in the landscaping scheme hereby approved shall be completed prior to first occupation of any element of the development. REASON: To ensure the benefits of the landscape scheme are not delayed, in the interests of the amenities of the area and to ensure a high quality of design in accordance with Policies SP 7 and GD 7 of the Jersey Island Plan 2011 (revised 2014). 7. Any trees or plants planted in accordance with the approved landscaping 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 with others of similar size and species, unless the Department of the Environment gives written consent to a variation of the scheme. REASON: To mitigate against the potential failure of trees and plants, and the extent to which that failure might threaten the success of the landscaping scheme, in accordance with Policies GD 1 & NE 4 of the Jersey Island Plan 2011 (revised 2014). 8. A Percentage for Art contribution shall be delivered on site as part of the development to the value of 0.75% of the costs of construction. Final details relating to the exact form which the contribution will take, must be submitted to, and approved in writing by, the Department of the Environment, prior to the commencement of the development hereby approved. Thereafter, the approved work of art must be installed prior to the first use / occupation of any part of the development hereby approved. REASON: In accordance with the provisions of Policy GD 8 of the Jersey Island Plan 2011 (revised 2014). 9. The applicant must provide all footway widenings and trees,as shown on the applicant’s submitted Plan No. 5370-002E, along with associated drainage and appropriate carriageway cross-falls. The works and all associated costs including design fees are to be delivered in full by the applicant under a suitable Highway Agreement. No occupation of any unit can occur until a timetable for the delivery of these works has been agreed. REASON: To ensure provision of public real works. 10. Notwithstanding the indications on Plan No. 5370-002E, prior to the commencement of any construction on site, full details of all materials and construction details to be used shall be submitted to and approved in writing by the Department for Environment to be thereafter implemented prior to first occupation and maintained for the lifetime of the development. REASON: To ensure a high quality of design and in accordance Policies SP 7 and GD 7 of the Jersey Island Plan 2011 (revised 2014). INFORMATIVES: - Given comments received during the assessment of the application, the States of Jersey recommends that the applicant should be aware of the possible presence of ASBESTOS within the development site. It is recommeded that further advice is sought from a suitably qualified professional prior to the commencement of development so as to reduce the risk to public health.
- Given comments received during the assessment of the application, the States of Jersey recommends that the applicant should refer to the guidance on the type of information to be provided in a Demolition/Construction Environmental Management Plan (D/CEMP) which can be found online at: http://www.gov.je/industry/construction/pages/constructionsite.aspx
- Given comments received during the assessment of the application, the States of Jersey recommends that the applicant should refer to the guidance on The Control of Dust and Emissions from Construction and Demolition, which can be found online at: http://www.london.gov.uk/thelondonplan/guides/bpg/bpg_04.jsp
4. Given comments received during the assessment of the application, the applicants are advised of the necessity to agree the final detailed design of the new public realm highway works, with relevant officers of the Department for Infrastructure (Transport) & the Parish of St Helier, prior to the carrying out of any work within the public highway. Approved Drawings 001 B – Location Plan 002 E – Proposed Ground Floor Plan 003 D – Proposed First Floor Plan 004 D – Proposed Second Floor Plan 005 D – Proposed Third Floor Plan 006 D – Proposed Forth Floor Plan 007 E – Proposed East Elevation 008 E – Proposed West Elevation 009 E – Proposed South Elevation 010 C – Proposed Roof Plan 016 B – 3D View 017 B – 3D View 018 B – 3D View 019 B – CGI Daylight View 020 B – CGI Night View 022 D – South Section 100-P0 – Proposed Drainage Plan Design Statement Rev. A Ecological Assessment Percentage for Art Statement Police Architectural Liasion Officer Report Waste Management Plan | 
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