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

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STATES OF JERSEY

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

Lodged au Greffe on 20th June 2011

by the Minister for Planning and Environment

STATES GREFFE

2011   Price code: B  P.48 Amd.(50)

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

1  PAGE 2 –

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

"except that in the section on Category A housing sites, for paragraph

  1. (page 244) substitute the following words and footnote –

6.96 The use of States-owned land to help meet the need for affordable

homes is identified as a clear policy objective of the States of Jersey Development Company(1). Five States-owned sites, within

the Built-up Area, have been identified as having the potential to contribute – at least 150 homes – towards the clear and immediate need for affordable homes in the early part of the Plan period: other may emerge as States departments and Jersey Property Holdings review property portfolios. The extent to which all or some of these States-owned  sites  contribute  to  this  need  will  be  determined, through agreement, between the respective Ministers, and set out in supplementary planning guidance.

  1. Some of these States-owned sites presently remain in active use and the timing of their release, and their potential to contribute towards  the  need  for  affordable  homes,  cannot  be  definitively known at this time. To ensure the deliverability of homes to meet the need for affordable homes that is evident now, the release of States-owned  land  for  this  purpose  and  the  approval  of development proposals for new homes, will be subject to specific targets and timescales which, if not realised, will trigger a review of  the  Island  Plan.  Any  such  review  will  include  proposals  to rezone alternative development sites that are capable of delivering affordable homes, that would otherwise have been provided on States-owned land, and which accord with the spatial strategy of the Island Plan: these include Samarès Nursery, La Grande Route de  St.  Clement;  Longueville  Nurseries,  New  York  Lane,  St Saviour; and Field 252A and Field 252B (Le Quesne Nursery), La Rue de Jambart, St Clement.

(1) See statements of the Minister for Treasury and Resources during debate on P.32/2011 (7th June 2011).',

and renumber subsequent paragraphs and footnotes accordingly.".

2  PAGE 2 –

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

"except that after the penultimate paragraph of Policy H1 – Category A housing  sites  (Pages  246-7)  after  the  words,  meeting  the  need  for affordable homes' insert the following words –

The provision of affordable homes on the States owned sites above will be monitored. In the event of either of the following not being met:

  1. planning applications for 150 affordable homes on States owned land being made within 12 months of the adoption of this Plan;
  2. planning permission for 150 affordable homes being granted and the sites released within 24 months of the adoption of this Plan,

the Plan will immediately be reviewed to provide for the development of a minimum of 150 affordable homes on some or all of the following sites: Samarès  Nursery,  La  Grande  Route  de  St.  Clement;  Longueville Nurseries, New York Lane, St. Saviour ; and Field 252A and Filed 252B (Le Quesne Nursery), La Rue de Jambart, St. Clement .' ".

MINISTER FOR PLANNING AND ENVIRONMENT NOTE:

This amendment has been lodged by the Minister for Planning and Environment for less than 8 weeks before the start of the debate in accordance with the provisions of Article 4A of the Planning and Building (Jersey) Law 2002. Paragraphs 4A(2), (3) and (4) are in the following terms –

4A  Procedure for and following lodging of draft Island Plan

"(2)  An amendment to a draft Island Plan cannot be debated by the States

unless it has been lodged for a minimum period of 8 weeks.

  1. An amendment to an amendment to a draft Island Plan cannot be debated by the States unless it has been lodged for a minimum period of 6 weeks.
  2. Paragraph (2)  or  (3)  does  not  apply  to  an  amendment  lodged  by  the Minister if the States agree that the amendment may be debated forthwith or on a day or at a time approved by the States."

In accordance with the provisions of paragraph (4) the Minister for Planning and Environment will seek the agreement of the States to debate this amendment during the debate on the Island Plan 2011: approval' (P.48/2011).

REPORT

The Minister for Planning and Environment has set out a clear housing strategy in the Island Plan which is consistent with the States strategic objectives of protecting green field land and open spaces and has led to the preferred spatial option of using a combination of brownfield land, States-owned land that is surplus to requirements, and a  new  policy  of  providing  affordable  housing  through  windfall  developments (Policy H3).

The Minister recognises and acknowledges that questions have been raised about the ability of States-owned land to contribute towards the need for affordable homes. Two issues have been raised in this respect, relating to –

  1. the intent of the States to use its own assets to contribute towards the need for affordable homes.

Most significant, in this respect, are recent statements made by the Minister for Treasury and Resources (during the debate on P.32/2011 on 7th June 2011) to make clear the intent to use States assets to help meet the need for affordable homes. This is an important commitment.

This  important  information  was  not  available  at  the  time  of  the  further Examination in Public. Because of its significance to the Minister's housing strategy, as set out in the revised draft Island Plan, the Minister asked the independent planning inspectors for their independent view on it, which they set out in an addendum to their main report.

As stated clearly and unequivocally by the inspectors, this evidence has not been discussed in a public forum before the inspectors and other parties (other than by States members in a public debate). It could be argued, however, that a public discussion about the use and release of States-owned sites may not reveal  anything  of  particular  value  to  the  inspectors,  over  and  above  the statements already made, given that the ability to influence both the intent and timing of the release of States-owned land is within the gift of States members alone.

Irrespective of the inspectors' views on this matter, however, the statement with the greatest bearing on this issue is that which has been made by the Minister of Treasury and Resources, setting out a clear objective for the States of Jersey Development Company to use States-owned land to help meet the need for affordable homes. The Minister seeks to recognise and incorporate this commitment into the Plan by way of his amendment.

  1. the release of land and the deliverability of sites.

The Minister acknowledges and accepts that the deliverability of homes on States-owned land remains to be definitively determined. The independent planning  inspectors'  addendum  usefully  highlights  this  issue  and,  more importantly, sets out a clear mechanism to ensure that the performance of the Plan, in this respect, is not only monitored, but acted upon, with a clear and specific course of action.

The Minister accepts most of the inspectors' recommendation, in this respect, to include a trigger mechanism' to review the Island Plan if States-owned

sites fail to make progress in the delivery of affordable homes against clear targets one and two years after adoption of the Plan.

The  Minister  considers,  however,  that  only  those  former  glasshouse  sites identified during the course of the Island Plan Review, including , Samarès Nursery, La Grande Route de St. Clement ; Longueville Nurseries, New York Lane, St. Saviour ; and Field 252A and Field 252B (Le Quesne Nursery), La Rue de Jambart, St. Clement , should be considered as alternative development sites  as  part  of  a  draft  revision  of  the  Plan,  required  by  this  trigger' mechanism.

Inclusion  of  other,  greenfield  sites,  such  as  Field  1248,  La  Pouquelaye, St. Helier ,  challenges  the  States  Strategic  Plan  objective  of  meeting  the Island's housing need without developing on greenfield land, and undermines the  objective  of  protecting  the  Island's  countryside.  This,  the  Minister considers, involves a change in the strategic direction of the Plan, which should not be reviewed until other, more favourable alternatives, have been pursued.

Financial and manpower implications

There  are  no  additional  financial  and  manpower  implications  arising  from  this amendment.