Planning Committee Decisions 2016

STATES OF JERSEY

PLANNING COMMITTEE DECISIONS 2016

Presented to the States on 21st March 2017 by the Minister for the Environment

STATES GREFFE

2017  R.29

REPORT

1. Article 9A(6) of the Planning and Building (Jersey) Law 2002 came into force on 11th April 2015. It requires that –

The Planning Committee shall, within the period of 3 months following the end of a year, report to the States –

1. the number of decisions made by the Committee under this Law during that year;
2. the  number  of  appeals  made  during  that  year  against decisions made by the Committee under this Law;
3. the  Committee's  assessment  of  planning  policy  and  any recommendations it has for its revision.

2. This report is presented to the States for the purposes of complying with this new provision.
3. Between 28th January and 8th December 2016, the Planning Committee has determined 99 applications.
4. Between 28th January 2016 and 8th December 2016, 37 of the Committee's previous decisions were appealed under the  new planning appeals system (24 of which were upheld and 13 of which were reversed).
5. Committee  Members  have  made  the  following  comments  to  the  Minister during 2016.

1. The Committee decided to recommend to the Minister that much more emphasis  be  placed  upon  securing  planning  gains.  Whilst  the Committee understood that legislative changes might be necessary, dependent upon the approach adopted, members were keen to identify a method of addressing this issue in a timely manner. It was noted that changes to Supplementary Planning Guidance were being considered at present.

Minister's response

The  legislative  power  and  the  policy  framework  already  exists  for planning obligation agreements (POAs) to be used to ensure that the direct  impact  of  development  upon  the  local  community  can  be mitigated. The Planning Committee can and should seek to ensure that obligations  are  used  comprehensively  when  considering  the  direct implications  of  development  upon  local  infrastructure  as  part  of  its determination of planning applications.

To assist with this, and to provide greater clarity and certainty for applicants, I am revising the existing supplementary planning guidance for POAs. It is my intention to bring forward this revised guidance in early 2017.

In accord with Proposal 23 of the Island Plan, I am also seeking to explore  the  development  of  a  policy  mechanism –  such  as  an infrastructure levy – that might capture some of the value from the development of land to help support the provision of affordable homes and/or other community infrastructure. This work is in train and the subject of extensive consultation with stakeholders representing the development industry.

In the event that an infrastructure levy is considered to be viable in Jersey, it is likely that legislative changes would be necessary to bring it into effect.

2. The Committee discussed the guidelines which existed in terms of contributions to the Eastern Cycle Route. The Committee noted that, historically, the Department had adopted a more flexible approach in this context in respect of social housing developments. Whilst the majority of members were content with the Department's approach in respect of contributions to the Eastern Cycle Route, others were not and did not believe that flexibility should be shown in respect of social housing developments. The Minister was asked to consider this matter.

Minister's response

The policy framework for the provision of contributions, either directly in the form of a new section of the Eastern Cycle Network or through a financial contribution to support the enhancement or development of the network, is provided by Policy TT3 of the Revised 2011 Island Plan, approved by the States. The Department of the Environment has not issued specific guidelines in respect of contributions to the Eastern Cycle Network.

The Island Plan policy seeks to secure contributions towards the Eastern Cycle Network from a range of large scale developments, which includes housing schemes of five or more homes. The policy, and its supporting justification, makes no explicit formal exception for affordable housing schemes and, in such circumstances, it is my expectation that such contributions should normally be secured.

In  the  case  of  two  sites  specifically  rezoned  for  the  provision  of affordable homes in the Revised 2011 Island Plan within the Eastern Cycle Route Network area (as defined on the Proposals Map), I have explicitly highlighted the requirement for contributions to be made to the cycle  network  in  the  development  briefs  that  were  issued  as supplementary planning guidance for each site.

3. The Committee noted that there were currently no standards in respect of  inter-relationships  between  developments/acceptable  distances. However, members were advised that the Department was preparing draft guidance on this issue and, if adopted by the Minister, this would be published in the form of supplementary planning guidance.

Minister's response

Whilst consideration has previously been given to the need for and value of guidelines about the relationship between buildings to safeguard matters of privacy and loss of daylight and sunlight they have never been formally progressed to adoption and use in Jersey: such guidance is in common use in UK planning authorities.

In  light  of  recent  appeal  decisions  and  the  comment  of  planning inspectors, I have asked the department to prepare supplementary guidance in relation to these matters. Draft guidance will be published, for  consultation,  in  early  2017  with  a  view  to  its  adoption  and implementation as soon as possible thereafter.

4. The Committee noted the tensions which appeared to have arisen as a result  of  the  creation  of  residents'  car  parking  in   St. Helier  and requested that the Minister consider this issue.

Minister's response

I understand that this related to particular case in the west of the town. The St. Helier residents' parking scheme is a matter for the Connétable and he is aware of this particular case.

Notwithstanding  the  existence  of  Residents'  Parking  Schemes  in St. Helier , I am reviewing supplementary planning guidance for parking standards  and  intend  to  release  the  revised  draft  guidance  for consultation as soon as possible in 2017.

5. The Committee considered the Building Bye-Laws process and the need to provide some planning advice on this process and its inter- relation with the planning process.

Minister's response

I am aware that there will occasionally be differences between the application of standards between planning and building control. This is not surprising because both sets of regulations set  out to achieve different objectives. Planning is concerned primarily with the location and  type  of  development,  the  amount  of  which  any  site  can accommodate and its impact on others. The Building Bye-laws are concerned with a building's structural integrity, its safety and energy performance.

However, I agree with the message behind the Committee's suggestion. The various parts of the department need to work together to ensure that Islanders receive rounded advice, which takes into account both sets of regulations. Written advice should be phrased accordingly.

6. The Committee noted the policy tensions between the Strategic Plan, the  Island  Plan  and  the  Rural  Economy  Strategy  (the  latter  was currently being updated and the Island Plan would be updated in the near future) and asked the Minister to consider this issue.

The Committee also noted that standards were being produced to define overbearing development and overshadowing.

Minister's response

Tensions will inevitably arise in any large policy document. It is for the decision-maker, on each occasion, to give appropriate weight to each policy as they see fit, according to the particular circumstances of the planning application that is before them.

The new Rural Economy Strategy is at an advanced draft stage and is due for discussion at the Council of Ministers on 25th January 2017, with implementation expected from Q2/17.

The plan period of the Revised 2011 Island Plan, which was adopted in July 2014, runs to 2020.

I have already referred to the forthcoming planning guidance about the relationship between buildings in (C), above.

7. The Committee recalled that whilst an urban character appraisal for St. Helier had been commissioned and led by Willie Miller Urban Design with Drew Mackie Associates and others, this did not extend to other areas. Character appraisals acted as an aid to the process of preserving and enhancing the character of specific areas and guided policy formulation and the assessment of planning applications. The Committee decided to recommend that individual character appraisals were commissioned.

Minister's response

The commissioning of the St. Helier Urban Character Appraisal, and the subsequent  adoption  of  supplementary  planning  guidance,  was considered  necessary  and  appropriate  given  the  significant development pressure that is focussed on the Island's capital.

This complements the earlier Countryside Character Appraisal, which dealt with those parts of the Island outwith the defined Built-up Area, and now ensures that most of the Island has guidance about the nature and significance of its landscape and townscape.

I  also  intend  to  develop  supplementary  planning  guidance  for St. Brelade 's Bay to better inform decision-making in this sensitive area during the current Island Plan period.

The current capacity of my department to develop and/or commission further character appraisals is limited. I would seek to encourage the Planning Committee to make full use of the existing tools available to it to require applicants to set out a clear and comprehensive justification for  their  proposals  and  to  clearly  set  out  how  the  impact  of  their development proposals upon the local character of the local townscape or landscape has been mitigated. In some cases, applicants may also be able to demonstrate repair and enhancement of local character.

In  particular,  the  submission  of  Design  Statements  with  planning applications should demonstrate how the principles of good design have been taken into account in the preparation of development proposals. These statements should, as a matter of course, analyse the site and its context and demonstrate how the proposed development responds to and contributes towards its particular townscape or landscape context.

Supplementary planning guidance about design statements and the Jersey Design Guide, which sets out my key design principles, is already available and I would urge the Committee to ensure the use of these tools is effectively demonstrated in the schemes that come before them.

8. The Committee agreed to recommend that the Minister review the site notification process for planning applications.

Minister's response

I am aware of some concern in relation to the current requirements for publishing planning applications, in particular those for the location of the site notices displayed by the applicant, and undertake to review these in the coming year.

6th March 2017