Island Plan 2022-25: Approval (P.36/2021) – seventy-seventh amendment (P.36/2021 Amd.(77)) - amendment Use of Fields B26 and B27 in St. Brelade for Vehicle Inspection Centre

STATES OF JERSEY

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

(P.36/2021 AMD.(77)) – AMENDMENT

Lodged au Greffe on 28th February 2022 by the Minister for the Environment

STATES GREFFE

2021  P.36/2021 Amd.(77)Amd

ISLAND PLAN 2022-25: APPROVAL (P.36/2021) – SEVENTY-SEVENTH AMENDMENT (P.36/2021 AMD.(77)) – AMENDMENT

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PAGE 2, PARAGRAPH (a)

For the words "to add a new site through the designation of fields B26 and B27 (St Brelade) as light industrial use for the specific purposes of accommodating a vehicle inspection centre" and substitute the words "after the words "make use of existing buildings.", there should be inserted the words "To enable the provision of a single island vehicle inspection centre, development for this purpose outside the built-up area may be supported but only where it can be demonstrated that no other land or buildings within the built-up area or in employment use is available to meet this specific need."

PAGE 2, PARAGRAPH (c) Delete paragraph (c).

THE MINISTER FOR THE ENVIRONEMNT

Note:  After this amendment, the seventy-seventh amendment would read as follows – After the words "the draft Island Plan 2022-25" insert the words "except that –

1. under Policy EI1 after the words "make use of existing buildings.", there should be inserted the words "To enable the provision of a single island vehicle inspection centre, development for this purpose outside the built-up area may be supported but only where it can be demonstrated that no other land or buildings within the built-up area or in employment use is available to meet this specific need."
2. the draft Island Plan 2022-25 be further amended in such respects as may be necessary consequent upon the adoption of (a);

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 –

1. under Policy EI1 after the words make use of existing buildings.', there shouldbe inserted the words "To enable the provision of a single island vehicle inspection centre, development for this purpose outside the built-up area may

be supported but only where it can be demonstrated that no other land or buildings within the built-up area or in employment use is available to meet this specific need."

2. the draft Island Plan 2022-25 be further amended in such respects as may be necessary consequent upon the adoption of (a);  

REPORT

The proposed use of fields B26 and B27, La Route des Quennevais, St Brelade for the provision of a vehicle inspection centre has been considered by both the Minister for the Environment and inspectors' following a representation received from Ports of Jersey requesting that the site be considered for light industrial use, specifically  for this purpose.

The Minister's initial response, as set out in Statement Response SR 56 - Economy - Industrial land (Policy EI1) - Rezoning of specific sites as protected industrial sites, was to resist any such designation on this site, given that inadequate evidence was provided to demonstrate that no other suitable sites exist in the island to meet the identified need, which is a key test to overcome when considering the re-zoning of land for a specific purpose.

The Minister notes that the inspectors, in their recommendation, recognise that this site may not be best suited as a vehicle inspection centre but that, given evidence of ongoing need for land for modern industrial/warehouse premises, the site should be allocated for industry and/or warehousing (see Inspectors' Report p.67).

The Minister accepts that this site may be suited for industrial uses in the future but cannot accept the recommendation to allow an unrestricted light-industrial use on the site - particularly where the landowner has not sought this designation – and where it would otherwise be deemed speculative.

Were adequate information to support the case for a vehicle inspection centre on fields B26 and B27 had been provided during the consultation phases of the draft Bridging Island  Plan,  it  would  have  been  possible  to  fully  consider  the  relative  merits  of designating fields B26 and B27 for this purpose. This would have enabled the evidence of need and assessment of all other potential options to have been demonstrated, thus supporting the potential allocation of greenfield land for this purpose. Such information, or appropriate representation during the public hearings, would also have allowed the matter to be fully tested in the examination in public, and helped to guide the planning inspectors in making a clearer recommendation. They were, however, unable to do this given the lack of evidence available.

Amendment  77,  lodged  by  the  Minister  for  Infrastructure,  now  provides  this information. At this stage of the process, however, it is neither reasonable or appropriate for this body of evidence to be properly examined to test whether or not the outcome of work undertaken by the Minister has reached the right outcome, from a planning perspective. It is for this reason, that Amendment 77 to designate field B26 and B27 cannot be supported.

The need for the Minister for Infrastructure to secure such a facility in order to meet obligations under the Vienna Convention is, however, understood. There are options as to how this might be delivered - such as whether the service should be provided in an island-wide  centre  (which  requires  a  larger  site);  or  whether  a  distributed  model employing satellite centres is more appropriate. The latter may not be the preferred option for delivery, but could be the best option relative to the availability of land.

These issues require, and are deserving of, more detailed consideration. At this juncture, the most appropriate way to achieve this is by way of a planning application, and not by a late and ill-considered allocation of greenfield land in the Island Plan.

This amendment to Amendment 77, therefore, recognises the need to prioritise and support the delivery of vehicle inspection centre, and that this could be by way of a single island-wide centre, as suggested by the Minster for Infrastructure to be the preferred option. It would enable an exception for such a development on greenfield land, when all the evidence has been tested and agreed, subjected to public consultation, and concluded that this is indeed the best feasible option. This amendment also allows the flexibility for other sites to be considered, should they be found, rather than binding the Minister for Infrastructure to a single option.

In the meantime, the Minister for the Environment has also proposed to develop a west of island planning framework – this is identified as a strategic proposal (4) in the draft plan - which would include this area and the airport, and would seek to comprehensively explore opportunities for employment land and other infrastructure requirements in order to inform the subsequent Island Plan review.

Whether by way of planning application or through the development of a west of planning framework, there are clear and more appropriate routes to consider the delivery of the vehicle inspection centre and future use of this land, which will also afford full and proper consideration of the evidence available. To designate B26 and B27 for a specific purpose in the meantime would otherwise be premature.

Location of fields B26 and B27:

As a result of the Minister's proposed amendment to Amendment 77, Policy E1 would read as follows:

Financial and manpower implications

There are no direct financial or manpower implications as a result of this amendment.

Child Rights Impact Assessment implications

This amendment has been assessed in relation to the Bridging Island Plan CRIA, leading to no direct impact upon children's rights, but positive overall effects by ensuring that land in Jersey is developed sustainably, securing the wellbeing of the Island for future generations.