Island Plan 2011: revised draft revision – approval (P.37/2014) – eleventh amendment (P.37/2014 Amd.(11)) – amendment (P.37/2014 Amd.(11)Amd.) – amendment.

STATES OF JERSEY

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ISLAND PLAN 2011: REVISED DRAFT REVISION – APPROVAL (P.37/2014) – ELEVENTH AMENDMENT

(P.37/2014 Amd.(11)) – AMENDMENT (P.37/2014 Amd.(11)Amd.) – AMENDMENT

Lodged au Greffe on 9th July 2014

by the Minister for Planning and Environment

STATES GREFFE

2014   Price code: B  P.37 Amd.(11)Amd.Amd.

ISLAND PLAN 2011: REVISED DRAFT REVISION – APPROVAL (P.37/2014) – ELEVENTH AMENDMENT (P.37/2014 Amd.(11)) – AMENDMENT

(P.37/2014 Amd.(11)Amd.) – AMENDMENT

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PAGE 2 –

For the words "amendments to Policy NE7 (pages 88 to 102" substitute the words –

"amendments to:

Policy NE7 (1)(a) and (c);

Policy NE7 (3)(a);

at Policy NE7 (5)(b) the words "remains subservient";

Policy NE7 (7)(a); and

Policy NE7 (10)(b)

(pages 98 to 101"

and make such consequential changes as are necessary to the preamble of the policy to reflect these deletions.

MINISTER FOR PLANNING AND ENVIRONMENT

This amendment has been lodged by the Minister for Planning and Environment for less than 6 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.
3. 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.
4. 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 P.37/2014: Island Plan 2011: revised draft revision – approval.

REPORT

The effect of this further amendment is twofold –

1. It removes the objective parameters of assessment for replacement buildings and extensions in the Green Zone.

This means that, in principle, residential and commercial redevelopment in the Green  Zone  could  be  larger  than  the  building  being  replaced,  and  that extensions could be larger than the principal building being extended.

The  key  test  would  be  the  impact  of  the  proposed  development  on  the landscape character of the area.

2. It  ensures  that  the  revised  policy  for  the  Green  Zone  is consistent,  in comprehensiveness and format, with the proposed changes to policy for the Coastal National Park (at Policy NE6).

It is considered that this further amendment ensures that the Coastal National Park retains the highest level of protection from damaging forms of new development, whilst providing clarity for residents and businesses about what might be permissible there.

At the same time, it ensures a level of protection for the remainder of the countryside, represented  by  the  Green  Zone,  where  the  further  revised  policy  retains  the comprehensiveness and clarity of scope that is applied in the Coastal National Park, whilst recognising that the capacity of the landscape to accept change in the Green Zone may be greater than that in the Coastal National Park, which is made up of more sensitive landscapes.

The key test in the Green Zone will, under the terms of this further amendment, be the impact of the development upon landscape character, which is similar to the current (2011) Green Zone policy test.

For clarity and the avoidance of doubt, the outcome of this further amendment for Policy NE7: Green Zone, if adopted, is set out in the attached Appendix.

Financial and manpower implications

There  are  no  financial  or  human  resource  implications  arising  from  this  further amendment.

APPENDIX

Policy NE 7

Green Zone

The Green Zone, as designated on the Proposals Map, will be given a high level of protection from development and there will be a general presumption against all forms of development, including but not limited to:

• the development of a new dwelling (other than as a replacement under 3 and 10; the provision of new, under 4; or conversion under 9, below);
• facilitating a separate household by means of an extension, conversion or new build (other than to meet changing family circumstances under 1e below);
• the change of use of land to extend a domestic curtilage;
• redevelopment of modern agricultural building(s) involving demolition and replacement with a building(s) for another use, or their conversion to a non-employment use;
• redevelopment of glasshouse(s) involving demolition and replacement with a building(s) or conversion for another use , or their conversion to a non-employment use.

Only the following exceptions may be permissible, and only where they do not cause serious harm to landscape character:

Residential

1. the extension of a dwelling, but only where;

1. it remains subservient to the existing building in terms of design andscale;
2. its design is appropriate relative to existing buildings and its context;
3. having  regard to its planning history, it does not disproportionatelyincrease the size of the dwelling in terms of any of its gross floorspace,building footprint or visual impact;
4. it does not facilitate significant increased occupancy; and
5. in the case of an extension or the conversion of part of an existing dwelling that would lead to the creation of a separate household:

1. the  accommodation  is  for  an  elderly  relative  or a  relative  who requires a degree of care and/or support for their health and well- being;
2. the  new  accommodation  is  capable  of  re-integration  into  the principal dwelling; and
3. it is designed to lifetime home standards, and

6. it does not seriously harm landscape character.

2. the development of an ancillary building and/or structure, but only where;

1. it is modest and is proportionate to other buildings on the site;

2. it is well sited and designed, relative to other buildings, the context, size, material, colour and form; and
3. it does not seriously harm landscape character.

3. the  redevelopment  of  an  existing  dwelling  and/or  an  existing  ancillary residential building and/or structure, involving demolition and replacement, but only where the proposal would;

1. not be larger in terms of any of gross floorspace, building footprint orvisual impact than the building being replaced;
2. not facilitate a significant increase in occupancy; and
3. give rise to demonstrable environmental gains, contributing to the repair and restoration of landscape character.

4. the development of staff and key agricultural worker accommodation, but only where the proposal would;

1. accord  with  Policy H9:  staff  and  key agricultural  worker accommodation; and
2. not cause serious harm to the landscape character of the area.

Employment

5. the extension and/or intensification of use of existing employment buildings and land, but only where, having regard to the planning history of the site;

1. the requirement for a coastal or countryside location can be adequately justified;
2. an extension remains subservient, is well related to the existing building in design and scale;
3. an  intensification  does  not  create  undue  noise,  disturbance  or  a significant increase in travel and trip generation; and
4. it does not cause serious harm to landscape character.

6. the development of an ancillary building and/or structure, but only where;

1. it is modest and is proportionate to other buildings on the site;
2. it is well sited and designed, relative to other buildings, the context, size, material, colour and form; and
3. it does not cause serious harm to landscape character.

7. the redevelopment of an employment building(s), involving demolition and replacement for the same use, but only where;

1. it would be no larger in terms of any of gross floorspace, buildingfootprint or visual impact than that being replaced;
2. an  intensification  does  not  create  undue  noise,  disturbance  or  a significant increase in travel and trip generation; and

3. it gives rise to demonstrable environmental gains, contributing to the repair and restoration of landscape character.

8. the change of use of employment land and buildings (involving conversion of a building), to other employment uses, but only where:

1. it would accord with Policy E1: Protection of employment land;
2. the requirement for a coastal or countryside location can be adequately justified;
3. in the case of an intensification of use, it does not create undue noise, disturbance or a significant increase in travel and trip generation; and
4. it does not cause serious harm to landscape character.

9. the change of use of employment land and buildings (involving conversion of a building) to non-employment uses but only where:

1. the redundancy of employment use is proven in accord with Policy E1: Protection  of  employment  land  or  where  the  development  involves office or tourism accommodation; and
2. it gives rise to: demonstrable environmental gains, contributing to the repair  and  restoration  of  landscape  character;  reduced  intensity  of occupation and use; and improved design and appearance of the land and building(s); or
3. it secures a viable alternative use for a traditional farm building in accord with Policy ERE4.

10. the redevelopment of an employment building(s), involving demolition and replacement for another use, but only where:

1. the redundancy of employment use is proven in accord with Policy E1: Protection  of  employment  land  or  where  the  development  involves office or tourism accommodation; and
2. the proposal is no larger in terms of any of gross floorspace, buildingfootprint or visual impact than the building being replaced; and
3. it gives rise to: demonstrable environmental gains, contributing to the repair  and  restoration  of  landscape  character;  reduced  intensity  of occupation and use; and improved design and appearance of the land and building(s).

11. new cultural and tourism development, but only where it:

1. is appropriate relative to existing buildings and its landscape context; and
2. does not seriously harm landscape character.

Minor development

12. Development small in scale and incidental to the primary use of land and buildings, but only where it:

1. is  well  sited  and  designed,  having  regard  to  the  relationship  with existing buildings, landscape context, size, material, colour and form; and
2. does not cause serious harm to landscape character.

Managed open space

13. Development of managed open space, such as allotments, playing fields, other amenity green spaces and cemeteries where it does not cause serious harm to the landscape character of the area.

Strategic development

14. Where it is demonstrated to satisfy a proven Island need, relative to the proper  assessment  of  alternative  options,  strategic  development  related  to renewable  energy  production;  extraction  of  minerals  or  other  elements  of significant public infrastructure, such as a new secondary school, but only where:

1. its environmental implications are properly identified, avoided and/or mitigated as far as possible; and it accords with
2. Policy NR 6: On-shore renewable energy proposals; or
3. Policy MR3: New or extended mineral workings.

Green Zone