Island Plan 2011: approval (P.48/2011): thirteenth amendment.

STATES OF JERSEY

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ISLAND PLAN 2011: APPROVAL (P.48/2011): THIRTEENTH AMENDMENT

Lodged au Greffe on 21st April 2011 by Deputy A.E. Jeune of St. Brelade

STATES GREFFE

2011   Price code: C  P.48 Amd.(13)

ISLAND PLAN 2011: APPROVAL (P.48/2011): THIRTEENTH AMENDMENT

PAGE 2 –

After the words "the revised draft Island Plan 2011" insert the words "except that –

1. in Chapter 4:  Built  Environment,  after  paragraph 4.83  (on  page 152) insert the following paragraphs and footnote, and re-number the later paragraphs and footnotes accordingly –

84. St. Brelade 's Bay is generally regarded as one of the most beautiful natural bays in the Island. Successive development plans(21) have sought to retain and protect its natural beauty and character whilst recognising its role as an attractive place for tourists and islanders to visit and as a place to stay and live. However, itis important that the spirit of the 1968 proposition Development in St. Brelade 's Bay  area  (P.15/1968)'  and  the  1989   St. Brelade 's  Bay Environmental Improvement Plan, continue to be addressed in this and subsequent Island Plans where they remain relevant today.
85. Whilst  the  landscape  setting  and  important  open  spaces  which characterise the bay are identified and protected through Island Plan  policies,  there  is  considered  to  be  a  need  to  review  and develop  a  more  detailed  planning  framework  for  the  area,  and specifically the defined Built-up Area, including those parts of the Built-up Area within the Green Backdrop and Shoreline Zones, to ensure that current and future pressure for the development and redevelopment of existing buildings in particular is sympathetic to its context and does not detract from the visual amenity of the bay and the public enjoyment of it.

(21) P.15/1968: Development in St. Brelade 's Bay area; 1987 Island Plan; 1989 St. Brelade 's Bay Environmental Improvement Plan; 2002 Island Plan.'

2. after the words "to guide its future development and enhancement" in Proposal 13:  Local  Development  Plans  (page 152)  add  the  following words  ;  and  for   St. Brelade 's  Bay  to ensure  that  development  is sympathetic to its context and does not detract from the visual amenity of the bay and the public enjoyment of it.'

DEPUTY A.E. JEUNE OF ST. BRELADE

REPORT

This amendment is brought with the support of the Connétable of St. Brelade and Deputies S. Power and M. Tadier of St. Brelade .

St. Brelade 's Bay is arguably the premier bay in the Island for families, both for Islanders and visitors alike. Over the past 40 years there has been some sympathetic development, but currently there are concerns amongst Parishioners about the degree and mass of the recent and proposed developments in the Bay area.

There have been concerns about the degree of development in the Bay area since 1968.  The  first  on  record  is  the  proposition  brought  by  the  Island  Development Committee ("IDC") in 1968. This is recorded as in the document in Appendix 1 (attached). At this time there is no record as to the subsequent follow-up to this proposition. Conventional wisdom is that it was absorbed into the Island Plans, but this is by no means certain.

After the Great Storm in 1987, a working group was formed in order to develop a plan to improve the Bay area. This was completed in 1989 and is attached as Appendix 2. Whilst this Plan was concerned with making improvements to accommodate the large numbers of coaches which were still visiting the Bay, many of the improvements were sensible and some have, in essence, been made. For example, the St. Brelade 's Bay Hotel gardens have replaced the scruffy car park and the Oyster Bar and Crab Shack have improved the old café area.

What is quite obvious is that previous Assemblies considered that the St. Brelade 's Bay area was special and that there should be care and sensitivity in its development.

In fact, on 2nd November 1982 it was necessary for the IDC to bring a proposition to the Assembly in order to give planning permission for a small bungalow in the Bay. The Minutes of the Assembly state:

St. Brelade 's Plan: exception.

THE STATES, adopting a Proposition of the Island Development Committee, authorised that Committee to permit the development of one bungalow in the garden of Le Houmet, Mont Sohier, St. Brelade 's Bay, as shown on Drawing No. 12.131.1 as an exception to the terms of the Act of the States, dated 30th April, 1968 which granted approval to the St. Brelade 's Bay Plan.

We undertook research into the Island Plan 2002 in order to identify which tenets of P.15/1968 were subsumed into the Island Plan. (Appendix 2)

In the development proposals approved as part of P.15/1968 there were a number of main points –

1. to approve  the  limited  development  of  existing  hotels  in the  area  of St. Brelade 's Bay;
2. to agree that no other commercial development, with the exception of outdoor recreational facilities be permitted;

3. to approve residential development consisting of up to eight quality dwellings to be sited approximately in the position shown on layout plan No. SBB.2.03;
4. to agree that, apart from the dwellings recommended in paragraph (c), no other residential development be permitted in the area of the Bay, except for limited extensions to existing dwellings and the reconstruction of existing unsatisfactory dwellings to broadly the same size and to reflect the character of the neighbourhood.

The work done was as follows –

The 2002 Island Plan ("the Island Plan") as on the States website, the Final Draft of the 2002 Island Plan and the St. Brelade 's Bay Plan in P.15/1968 ("the Bay Plan") were reviewed. It appeared that certain of the information on the States website differs from the Final Draft; in particular Section 8 (Housing) and Section 11 (Tourism).

In the Report, direct quotes from the Island Plan are in italics and comments and/or items of particular note are in bold; references to (a), (b), (c), and (d) are to the points listed in the paragraph above (P.15/1968).

In summary –

1. The inclusion of other Development Plans in the Island Plan would indicate that the St. Brelade 's Bay Plan in P.15/1968("the Bay Plan") may have been discussed.
2. St. Brelade 's Bay as an area is not defined and delimited which might be of use.
3. There is limitation of development within St. Brelade 's Bay with different zones offering different degrees of protection.
4. Various Policies are referred toin the Report and should be read in their entirety.
5. With direct reference to the numbering in the Bay Plan it appears that (a), (b) and (d) are incorporated to a certain extent (see Report) but (c) is not.

At (a) in the Bay Plan, limited extension of existing hotels is agreed and at point (b) of the Bay Plan no other commercial development is agreed. I have not found reference to a complete ban of any further commercial development in the Island Plan.

Point (c) approves 8 specific sites for residential development as shown on the map attached to the Bay Plan, and again I have found no reference to these within the Island Plan.

It should also be noted that the Planning Department were unaware of P.15/1968 and very few were aware of the 1989 St. Brelade 's Bay Environmental Improvement Plan when questioned. It would seem that point (1) of the conclusions may be open to question.

The recent spate of developments in the Bay suggests that there should be a coherent plan  for  development  in  the  Bay  rather  than  the  current  piecemeal  proposals.

Preservation of historic buildings has depended on the actions of a few individuals rather  than  a  comprehensive  inventory  of  the  Bay  and  identification  of  valuable buildings. The combination of both P.15/1968 and the 1989 Plan are effectively a well-researched Development Plan for the Bay.

The recent applications to Planning are for buildings of a scale and mass completely disproportionate to the context of the Bay and to the existing buildings. Continuation of this scale of development would be detrimental to the area and detract from the enjoyment of the Bay for Islanders and visitors alike.

It is for these reasons that we are bringing this amendment to request the Minister for Planning  and  Environment  to  include  the  principles  of  the   St. Brelade 's  Bay Development  Plan set out  in  P.15/1968 and the   St. Brelade 's  Bay  Environmental Improvement Plan of 1989 in the Island Plan 2011.

Financial and manpower implications

The ability for this work to be resourced from within the resources of the Department of the Environment will be reviewed by the Minister for Planning and Environment, in partnership with other key stakeholders such as the parochial authorities, during the Plan period.

APPENDIX 1

APPENDIX 2

REPORT ON ST. BRELADE'S BAY

Conclusions:

1. The inclusion of other Development Plans in the Island Plan would indicate that the St. Brelade 's Bay Plan in P.15/1968 ("the Bay Plan") could have been discussed.
2. St. Brelade 's Bay as an area is not defined and delimited which might be of use.
3. There is limitation of development within St. Brelade 's Bay with different zones offering different degrees of protection.
4. Various Policies are referred toin the Report and should be read in their entirety.
5. With direct reference to the numbering in the Bay Plan it appears that (a), (b) and (d) are incorporated to a certain extent (see Report) but (c) is not.
6. At (a) in the Bay Plan limited extension of existing hotels is agreed and at point (b) of the Bay Plan no other commercial development is agreed. I have not found reference to a complete ban of any further commercial development in the Island Plan.
7. Point (c) approves 8 specific sites for residential development as shown on the map attached to the Bay Plan, and again I have found no reference to these within the Island Plan.

Methodology

To compile the Report I reviewed the 2002 Island Plan ("the Island Plan") as on the States website, the Final Draft of the 2002 Island Plan and the St. Brelade 's Bay Plan ("the Bay Plan"). It appears that certain of the information on the States website differs to the Final Draft, in particular Section 8 (Housing) and Section 11 (Tourism). In addition, the Proposal Map found on the website shows a Coastal National Park which is not on the draft Proposal Map.

In the Report, direct quotes from the Island Plan are in italics and my comments and/or items of particular note are in bold.

1. The 1968 St. Brelade 's Bay Plan P.15/1968 ("the Bay Plan")

I can find no mention of the actual Bay Plan in the 2002 Island Plan ("the Island Plan"). Whether the Bay Plan was forgotten/ignored or discussed at all is, therefore, uncertain, but within the Island Plan there is reference to other development plans that were discussed and/or adopted. There is also reference to guidance notes referred to in Appendix 2.

Sections supporting the inclusion of any existing plans –

3.2 – outlines the broad aims of the Island Plan and at bullet point 4 states that one of the  aims  "is  to  ensure  land-use  planning  is  approached  in  a  positive,  corporate manner, by translating the strategic aims and objectives of the States of jersey (as found in the Strategic Policy reviews, the States' Environmental Charter, international commitments and other relevant documents) into a Plan";

4.5 – refers to publishing Guidance Notes and refers to those in the Appendix;

5.51 – St. Ouen 's Bay Framework adopted;

6.51 – approval given to St. Mary 's and St. Martin 's Plans Ref. Policy B7;

7.31 – St. Ouen 's Bay Framework taken into account;

8.125 – reference to Planning Policy Advice Notes; and

9.14 – mention of St. Martin 's Village Conservation and Development Plan.

2. St. Brelade 's Bay ("the Bay")

The Bay Plan does not define exactly what constitutes St. Brelade 's Bay in terms of planning. Clarification of this might be useful.

The Final Draft of the 2002 Island's Proposal Map and the Map which is on the States website ("website Map") appear to differ, in that the latter has a Coastal Management Zone. The Bay is categorised in the 2002 Plan as follows –

1. An Urban Settlement;
2. Countryside Character and Planning Zones comprising –

1. A Zone of Outstanding Character;
2. A Green Zone;
3. Countryside Zone;

3. A Backdrop Green Zone;
4. A Tourist Destination Area;
5. Area with Important Open Space; and
6. Coastal Management Zone (from website Map).

The above Zones/Areas each provide a certain degree of protection and/or control in terms of development in the Bay area to which they apply.

3. Urban Development (under Section 3)

1. – 3.22 discuss urban settlements classing St. Brelade 's Bay as such.
2. states (in terms of future development) that "St Aubin, St Brelade's Bay and Gorey are limited in their capacity because of their historic character and coastal setting".

Potentially inferring limited development but not restricting it as in the Bay Plan at (c) to 8 specific sites.

4. Countryside Character Areas and Planning Zones (under Section 5)

Table 5.2 in the 2002 Plan identifies the Countryside Character Areas and Planning Zones.

St. Brelade 's Bay is in the Zone of Outstanding Character as a bay with inter- tidal flats and reefs;

St. Brelade 's Valleys are in the Green Zone as Enclosed Valleys; and

South-West Headland ( St. Brelade ) is in the Countryside Zone as Interior Agricultural Land.

Reference  is  made  to  a  report  "Jersey  Island  Plan  Review:  Countryside Character Appraisal 1998 and the levels of protection in the appraisal have been translated into the above three planning zones. (See 5.34)

5. Zone of Outstanding Character ("the OC Zone")

The highest level of protection is given to the OC Zone in Policy C4 – Zone of Outstanding Character and "all proposals will be subject to rigorous examination of their  environmental  implications  "  and  "will  require  an  Environmental  Impact Assessment to be carried out for any development likely to have a significant effect on the environment."

Various other points under C4 include –

1. proposal for redevelopment of existing residential properties in this zone will only be permitted where they are within the same or lesser footprint of the existing dwelling where any such proposal makes a positive contribution to the character of the area and where it is in accordance with other principles and policies of the Plan;
2. a presumption against the redevelopment of existing non-residential buildings for residential and other use in this zone with mention of exceptions, etc. and the provisos thereof;

3. extensions  to existing  buildings  not  normally  permitted  and  other developments strongly resisted unless they are proven to be in the Island interest. (See (d) of Plan though "strongly resisted" not same as no development.)

Reference is made to the OC Zone in Policy C12 – Tourism and Recreation Support Facilities in the Countryside states that "There is a presumption against the provision of tourism and recreation support facilities in the Zone except for minor improvements to enhance public enjoyment of the coast and countryside."

6. Green Zone

Policy C5 – Green Zone deals with developments in this zone and states, inter alia, "proposals for new development which must occur outside the built up area will only be permitted in the Green Zone where it is demonstrated that there are no suitable alternative sites available in the Countryside Zone "  An Environmental Impact Assessment may be required.

7. Countryside Zone

Policy C6 – Countryside Zone states that "The area outside the Zone of Outstanding Character, the Green Zone and the built up area is designated the Countryside Zone. This  zone  will  be  given  a  high  level  of  protection  and  there  will  be  a  general presumption against all forms of new development for whatever purpose." It goes on to say, however, that "the Planning and Environment Committee recognise that within this zone there are many buildings and established uses and that to preclude any development would be unreasonable." Then follows a list of types allowed and/or criteria and provisos allowing extensions, etc.

Part (d) of the Bay Plan allows for limited extensions to existing dwellings and  reconstruction  of  existing  unsatisfactory  dwellings  to  broadly the same size and to reflect the character of the neighbourhood" but does not permit any other dwellings apart from the 8 in part (c) of the Bay Plan.

8. Green Backdrop Zone (Section 6)

The  Green  Backdrop  Zone  is  defined  in  6.65/6.66  and  Policy BE-10  the  Green Backdrop Zone and includes part of St. Brelade 's Bay. Its aim is to ensure that any proposed development within this zone conserves the landscape backdrop to urban areas through careful siting, the design, retention of existing trees and the use of appropriate  planting.  It  is  acknowledged  at  6.66  that  greater  resolve  in  its application is needed than has been applied in the past.

The Bay Plan at (c) approved residential development of up to 8 dwellings as sited on layout plan No. SBB.2.03. Not clear what the basis of the siting of these sites was without further information but the Zones at 5, 6, 7 & 8 all have some limitations on development.

9. Shoreline Zone (Section 6)

Defined  in  6.67/6.68  and  Policy BE-11  Shoreline  Zone  and  includes  part  of St. Brelade 's Bay. Within this zone, inter alia, there is a presumption against new buildings or extensions to existing buildings where such development will fill gaps or obstruct public views to the foreshore or the sea.

10. Tourist Destination Area (Section 11)

11.25 defines St. Brelade 's Bay as a Tourist Destination Area – precise boundaries to be  defined  by  the  Tourist  Committee.  Presumably  these  have  been  defined somewhere – the Proposals Map not particularly helpful showing just a large star somewhere in St. Brelade 's Bay.

Policy TR1 – Development of New Tourist Accommodation states –

"In the Countryside Zone and the Green Zone, extensions to existing tourist accommodation  or  the  conversion  of  existing  buildings  will  normally  be permitted  where  the  proposed  development  satisfies  the  above  criteria" (i.e. within TR1) and "there is a presumption against new and the extension of existing accommodation in the Zone of Outstanding Character."

The Plan at (a) approved the limited development of existing hotels in the area of St. Brelade 's Bay; and

The  Plan  at  (d)  inter  alia  "permitted  limited  extensions  of  the  existing dwellings and the reconstruction of existing unsatisfactory dwellings to broadly the same size and to reflect the character of the neighbourhood".

Policy TR2 – Tourist Destination Areas states at bullet point 4 that –

"there is a presumption against the change of use of a property from tourist accommodation or a tourism support property to a non-tourist related use provided the existing use remains viable" (Zanzibar?)

Furthermore,  proposals for  new  tourist accommodation and  support  facilities  will normally be permitted in a Tourist Destination Area with certain provisos under TR2 (see below).

Policy TR3 – New or Extended Tourism and Cultural Attractions discusses that these are normally permitted in the Countryside and Green Zone within the criteria in TR3 and with certain provisos. There is, however, a presumption against such development in the OC Zone.

The Bay Plan at (a) approved limited development of existing hotels in the area of St. Brelade 's Bay.

TR5 – Development of Recreation Resources states that –

"there is a presumption against the development of recreational resources in the Zone of Outstanding Character except for minor improvements to enhance

public enjoyment of the coast and the countryside." But "Proposals for the development of recreation resources will normally be permitted" provided the criteria in TR5 is followed.

The Plan at (b) stated that "no other commercial development, with the exception of outdoor recreational facilities, be permitted."

11. Area with Important Open Space (Section 6)

An area within St. Brelade 's Bay is shown on as an Important Open Space. These fall under Policy BE8 which states –

"that there will be a presumption against the loss of important open spaces as designated on the Island and Town Proposals Map."

12. Coastal Zone Management ( Section 7)

Mentioned  at  7.21–7.22  and  Policy M2  Coastal  Zone  Management  Strategy  and shown on the website Map. I am not clear to what extent this has been adopted and/or addressed but a Coastal Management Park is shown on the website Map.

13. General Policies (Section 4)

G15 – Replacement Buildings and G5 – Environmental Impact Assessments.

Dated 19th December 2010