Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Camelia Cottage, Le Mont de Gouray, St Martin: Determination of Planning Application

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 21 January 2013:

Decision Reference:   MD-PE-2012-0129

Application Number:  P/2010/1809

(If applicable)

Decision Summary Title :

Camellia Cottage, Le Mont de Gouray, St Martin, JE3 6ET

Date of Decision Summary:

03/12/12

Decision Summary Author:

 

Lawrence Davies

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Lawrence Davies

Written Report

Title :

Officer Report – P/2010/1809

Date of Written Report:

24/07/2012 (most recent Dept. report)

Written Report Author:

Lawrence Davies

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Camellia Cottage, Le Mont de Gouray, St Martin, JE3 6ET

 

Application Description:

 

“Demolish existing house and ancillary buildings. Make remedial repairs to quarry faces. Construct 3 No. houses on basement car park. AMENDED PLANS: Relocate vehicular access further West and reinstate granite roadside wall. Reposition Western-most dwelling. Various external design alterations. FURTHER INFORMATION: Details relating to quarry-face vegetation and roadside wall. FURTHER INFORMATION: Further details received following Royal Court decision”.

 

Decision(s): The Minister has decided to grant Planning Permission for the above application.

 

Reason(s) for Decision: Having regard for all of the relevant considerations, the Minister is satisfied that the granting of Planning Permission is entirely reasonable.

 

The following Reason for Approval is to be included within the Planning Permit;

 

Reason for Approval:

 

Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received.

 

Permission was originally granted for the development by the Planning Applications Panel in October 2011. Subsequently, an immediate neighbour to the site successfully appealed that decision resulting in the original permit being quashed.

 

The decision of the Master of the Court was that insufficient consideration had been given to a number of key policy issues and he was not satisfied that the proposal was consistent with the Island Plan as a whole.

 

The judgment concluded by stating that the application should be remitted back to the Minister for him to consider afresh in its entirety, effectively winding the clock back to point of determination. This would give the Minister an opportunity to consider all of the relevant matters identified within the judgment. In conclusion it stated that ultimately, the decision was for the Minister himself to make on the application.

 

Since then, the Department re-issued its report, drawing greater attention to those matters arising from the judgment which the Master did not believe had been adequately addressed. Further submissions were received from both the applicants and, following re-advertisement, a number of objectors. The Minister re-considered the application at a new public meeting, hearing from a number of objectors in person. Following the meeting, he also undertook a site visit to observe a scaffolding profile of the development which he had requested be erected on the site.

 

Having considered the matter afresh in its entirety, the Minister is satisfied that the granting of Planning Permission is entirely reasonable in the circumstances.

 

The approved scheme is for the demolition of the existing dwelling, known as Camellia Cottage, and thereafter the construction of three new dwellings in its place. The site forms part of the settlement area in and around Gorey Harbour.

This is a Built-Up Area site wherein, under the provisions of Policy H 6 of the 2011 Island Plan, there is a presumption in favour of the development of new dwellings and the Minister is satisfied that this is a substantial site which can comfortably accommodate the scale of development proposed.

 

One of the main themes running through the 2011 Island Plan is an emphasis on focusing new development in sustainable locations - ideally, built-up area sites which are part of established settlements. The Plan also seeks to achieve the highest reasonable density (Policy GD 3) for all developments in the interests of making the best use of the island's limited land resource. Whilst there is a general policy presumption in favour of retaining existing buildings where possible, the applicants have demonstrated that the existing building is in a poor state of repair and they have argued that the redevelopment of the site is in the interests of its long-term sustainability i.e. the provision of a greater number of better-designed and better-constructed dwellings than at present. The Minister accepts this view and, broadly speaking therefore, the principle of redevelopment is considered to be acceptable.

 

The general character of the area within the immediate vicinity of the application site is characterised by properties in a variety of styles and forms.

 

The scheme has been designed as a series of three individual and detached dwellings, which are tiered and which step back into the site at each level. This approach allows for the establishment of a significant amount of integral planting at each level and also means that the development as a whole will not have an overbearing presence. The development as a whole gently follows the gradient of the hill. There is a significant difference in scale and height between the properties which border the site on either side, and the applicant's design statement states that gently stepping the houses up the hill will help to 'bridge the gap' to some extent between these neighbours. The Minister accepts this view.

 

In addition to being designated as Built-Up Area, the site is also zoned as Green Backdrop Zone (Policy BE 3) wherein landscaping must remain the dominant element in the scene. In respect of this issue, the Minister is mindful of the concerns raised by a number of nearby residents regarding the loss of existing landscaping within the site which will result from this development. However, and most importantly, the proposed development, although involving a further extension of building development alongside Le Mont de Gouray, will still be set against and viewed against a large expanse of 'green backdrop'.

 

Furthermore, in response to the neighbours' concerns regarding the loss of landscaping, the applicants have stressed that the old face of the quarry is currently unstable and in a dangerous condition (as evidenced by a series of rock falls in recent years). At the public meeting where the decision to approve the application was taken, the Minister heard from a professional geotechnical engineer on the matter. The engineer stated that the extensive programme of remedial work which is to be undertaken in order to stabilise the quarry face, is essential irrespective of any further development on the site and that this work will unavoidably result in the loss of greenery to the site in any event.

 

Following this remedial work, a full programme of appropriate planting and landscaping will be implemented which, in time, will result in the re-vegetation of the site, and as noted, the new dwellings have been designed so as to allow for integral landscaping throughout the development. In the circumstances, therefore, the Minister is satisfied with this approach.

 

The Minister also noted the concerns raised in respect of other issues. A number of neighbours have been critical, for instance, of the proposed design, believing it to be an overdevelopment of the site which is incongruous and 'out of keeping' with the character of Gorey; there have also been suggestions that a more traditional scheme would be more appropriate and better suited to the site. The Minister does not share this view.

 

Stylistically, the built context to Gorey harbour is eclectic in nature, reflecting a settlement which has developed and evolved over many centuries. Whilst some of the buildings are indeed centuries old, there has been a lot of change since; in particular, there has been a significant amount of post-war development. In the Minister’s view, this latest scheme for the redevelopment of the Camellia Cottage quarry site represents a well-designed and carefully considered 21st century addition to an evolving townscape - a modern intervention which respects the general form and pattern of development in the vicinity and makes good use of a difficult site. As such, it is considered that the proposed development will not unreasonably harm the character and amenity of the area.

 

Subject to the following conditions:

Condition(s)

1. Prior to the commencement of the development hereby permitted, samples of all of the external materials to be used shall be submitted to, and approved in writing by, the Minister for Planning and Environment. High quality photographic evidence may be sufficient for some items. In addition, the external colour of the rendered surfaces of the building must also be agreed in writing prior to commencement.

2. Prior to the full commencement of the remedial / stabilisation works hereby approved, a sample panel (measuring not less than 1m x 2m) of the 'Shotcrete' material to be applied to the face of the quarry, shall be constructed on the site and be inspected and approved by an authorised Development Control officer.

3. The development hereby permitted shall not be commenced until there has been submitted to, and approved in writing by, the Minister for Planning and Environment, a scheme of landscaping which shall provide details of the following;

a)      all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain on the site and on adjoining land within the same ownership;

b)      the position of all new trees and/or shrubs, this must include the species of plant(s)/tree(s) to be planted, their size, number and spacing and the means to be used to support and protect them;

c)       other landscape treatments to be carried out or features to be created, for example, any excavation works, surfacing treatments, or means of enclosure;

d)      the measures to be taken to protect existing trees and shrubs; and,

e)      the arrangements to be made for the maintenance of the landscaped areas.

4. All planting and other operations comprised in the landscaping scheme to be submitted and approved in accordance with condition no. 3 above, shall be carried out and completed as an essential part of the development and the landscaping scheme must be completed prior to the first occupation of the development. Futhermore, prior to the commencement of any works on site, a ten year maintenance schedule for the planting shall be submitted to, and approved in writing by, the Minister or other authorised officer; such a schedule as may be agreed, shall be adhered to for the full duration of this period.

5. A work of art shall be delivered in accordance with the advice of the appointed Approved Art Advisor and the Percentage for Art Statement (approved drawing P/2010/1809 T) which has been submitted to, and approved by, the Minister for Planning and Environment. The work of art must be installed prior to the first use/occupation of the development hereby approved unless otherwise agreed in writing.

6. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2011, or any amendment thereto or replacement of that order, no works involving the erection of a building, extension, structure, gate, wall, fence (or other means of enclosure), tank, the creation of any new openings in the external fabric of the building (or the replacement of any windows with doors or vice versa), or the introduction of any hardstanding to any ground surface, other than those shown on the drawings approved with this permission, is permitted without the prior approval of the Minister for Planning and Environment.

Reason(s)

1. The execution of this development is considered to be critical to its success, and the Minister wishes to be assured as to the quality of these details.

2. The execution of this development is considered to be critical to its success, and the Minister wishes to be assured that the new 'Shotcrete' material, as far as possible, blends into the surrounding site.

3. To ensure that before development proceeds provision is made for a landscaping regime that will enhance the appearance of the development and help to assimilate it into the landscape, in accordance with Policies NE 4 and BE 3 of the 2011 Island Plan.

4. The site is located within the Green Backdrop Zone and, therefore, the successful implementation of the approved landscaping scheme is considered to be fundamental to the success of the development as a whole. The purpose of this condition is to ensure that the benefits of the approved landscaping scheme are not delayed and consequently make an early contribution to the amenity of the site and surrounding area. In addition, the continued success of the landscaping scheme into the future is also considered to be of critical importance.

5. So as to accord with the provisions of Island Plan policy GD 8.

6. Owing to the form and design of the approved development, together with the prominence of the site, the Minister wishes to retain strict control over the form of any additional development which may be proposed.

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):

 

Back to top
rating button