Island Plan 2022-25: Approval (P.36/2021) – fifty-ninth amendment (P.36/2021 Amd. (59)) – amendment

STATES OF JERSEY

ISLAND PLAN 2022-25: APPROVAL (P.36/2021) – FIFTY-NINTH AMENDMENT

(P.36/2021 AMD.(59)) – AMENDMENT

Lodged au Greffe on 14th February 2022 by the Connétable of St. Brelade

STATES GREFFE

2021  P.36 Amd.(59)Amd

ISLAND PLAN 2022-25: APPROVAL (P.36/2021) – FIFTY-NINTH AMENDMENT (P.36/2021 AMD.(59)) – AMENDMENT ____________

PAGE 2 –

For paragraphs (a), (b) and (c) and substitute the following paragraphs –

"(a) within  Policy  GD2  the  heading  "Community  participation  in  large-scale

development proposals" should be replaced with the heading "Community participation in large-scale development proposals and proposals affecting St. Brelade 's Bay"; and

(b)  within Policy GD2, immediately before the comma of the first paragraph, there should be inserted the words "and any major development within the Core Area of St. Brelade 's Bay (as identified in the St. Brelade Character Appraisal Recommendations)1".

CONNÉTABLE OF ST. BRÉLADE

Note:  After this amendment, amendment fifty-nine would read as follows –

After the words "the draft Island Plan 2022-25" insert the words "except that within Policy GD2 –

1. replace  the  heading  "Community  participation  in  large-scale  development proposals"  with  the  heading  "Community  participation  in  large-scale development proposals and proposals affecting St. Brelade 's Bay"; and
2. immediately before the comma of the first paragraph, add the words "and any major development within the Core Area of St. Brelade 's Bay (as identified in the St. Brelade Character Appraisal Recommendations)2".

After the amendment, if amended by this amendment, the main proposition would read as follows –

THE STATES are asked to decide whether they are of opinion

to approve, in accordance with Article 3(1) of the Planning and Building (Jersey) Law 2002, as amended by the Covid-19 (Island Plan) (Jersey) Regulations 2021, the draft Island Plan 2022-25, except that within Policy GD2 –

1. replace  the  heading  "Community  participation  in  large-scale  development proposals"  with  the  heading  "Community  participation  in  large-scaledevelopment proposals and proposals affecting St. Brelade 's Bay"; and

1 Section 2 – Improvement Plan, Page 3 St. Brelade Character Appraisal Recommendations April2021 https://www.gov.je/SiteCollectionDocuments/Planning%20and%20building/R%20St%20Brelade%20Character%20Ap

praisal%20baseline%20report%20WMUD.pdf

2 Section 2 – Improvement Plan, Page 3 St. Brelade Character Appraisal Recommendations April2021 https://www.gov.je/SiteCollectionDocuments/Planning%20and%20building/R%20St%20Brelade%20Character%20Ap

praisal%20baseline%20report%20WMUD.pdf

2. immediately before the comma of the first paragraph, add the words "and anymajor development within the Core Area of St. Brelade 's Bay (as identified in the St. Brelade Character Appraisal Recommendations)[3]".

REPORT

The original Proposition sought to improve consultation with local communities in respect of developments and installations that can affect the enjoyment of localities by members of its community.

This Proposition proposes that paragraphs (a) and (c) of the original amendment are withdrawn in response to Statement Response SR06 of the post-consultation report4,

which the Minister has discouraged on the grounds of their operational and procedural content.

In view of the acknowledgement in the preamble to the Proposal 17 – St. Brelade 's Bay Improvement Plan of the draft Bridging Island Plan that St. Brelade 's Bay (the Bay') is an important part of Jersey's tourism offer", this Proposition further proposes that, pending development of the improvement plan for the Bay, paragraph (b) is replaced to actively involve the community in the design stages of development' of major development proposals for the Core Area of St. Brelade 's Bay identified in the Figure 1 below, in line with the policy proposed in Policy GD2.

Figure 1– Core Area of St. Brelade 's Bay5

This  is  being  proposed  as  a  temporary  measure  pending  the  development  of  the proposed improvement  plan  for  the  Bay  that  would  support  and  complement  the

4 Page 11, part 3, Draft Bridging Island Plan: Post-consultation Report https://www.gov.je/SiteCollectionDocuments/Planning%20and%20building/R%20Draft%20Br idging%20Island%20Plan%20-%20Post-consultation%20report%20-%20part%203.pdf

5 Section 2 – Improvement Plan, Page 3 St. Brelade Character Appraisal Recommendations April2021 https://www.gov.je/SiteCollectionDocuments/Planning%20and%20building/R%20St%20Brelade%20Character%20Ap

praisal%20baseline%20report%20WMUD.pdf

Minister for the Environment's proposed amendment[4] to Policy GD9 of the draft Bridging Plan, which seeks to protect or enhance strategic views, pending the development of the improvement plan for the bay' which would provide more detailin due course as resources allow'. [5]

The  St Brelade Character Appraisal has identified a deterioration in the Bay's appearance, saying

"the ratio of built to unbuilt is delicately balanced at present, and this is an important consideration if the valued rugged coastal character of the Bay is to be retained. Consequently, protecting open spaces, wooden areas and parks and private gardens, as well as promoting more planting common natural boundary treatments and less intrusive outdoor lighting will be an essential part of retaining the natural character of the Bay. The more that manmade features replace or conceal the natural features of the Bay, the less distinct, remote and unique the Bay will feel"[6].

It is proposed that, in view of the size of the Bay and its strategic importance, and the intention of involving community in the development of its improvement plan, that Policy GD2 be amended in the manner proposed, to involve the community on a case- by-case basis in major developments as a temporary measure pending development of the improvement plan.

GD2, as amended by this Proposition would read –

"Policy GD2 – Community participation in large-scale development proposals and proposals affecting St. Brelade 's Bay

Large-scale development proposals for 10 or more homes or of 400 sqm floor space and over and any major development within the Core Area of the St. Brelade 's Bay as identified in the St. Brelade Character Appraisal, must be subject to consultation with the community, prior to a planning application being made.

A community participation statement should be submitted as part of the proposal providing evidence of:

• the consultation that was undertaken, including who was consulted, on what, when and how the consultation was carried out; and

• how any feedback received from the consultation was taken into account in the formulation of proposals."

Financial and manpower implications  

There are no financial or manpower implications in relation to the proposed amendments.

Child Rights Impact Assessment implications  

These amendments have been assessed in relation to the Bridging Island Plan CRIA. Improved well-being of children will arise from improved public enjoyment of a public beach and recreation area.