All the conditions imposed upon the developers and contractors during the process of negotiating and granting planning permission for the Castle Quay development

1240/5(4707)

WRITTEN QUESTION TO THE MINISTER FOR PLANNING AND ENVIRONMENT BY THE DEPUTY OF ST. MARY

ANSWER TO BE TABLED ON TUESDAY 8th SEPTEMBER 2009

Question

Could the Minister furnish exact details of all the conditions which were imposed upon the developers and the contractors  during  the  process  of  negotiating  and  granting  planning  permission  for  the  Castle  Quays development?

Answer

The following conditions were imposed on the planning permission granted for Phase I of Castle Quays. Standard Condition

A. If the development hereby permitted has not commenced within five years of the decision date, this permission shall cease to be valid.

Reason:  The  Minister  for  Planning  and  Environment  reserves  the  right  to  reconsider  this  proposal consequent on any future change of circumstances or policy.

Condition(s):

1. W  ithin twomonthsofcommencementofany work on site theapplicantshall prepare forapprovalby the Minister a ConstructionEnvironmentManagementPlan. This plan shall make provision for action plans to respond to eachissueand shall also illustrate howtheseplans will be implemented during the course of the construction project.  This mustaddress:

A project description to include construction methods to be used, all earthworks proposed including methods of disposal, and haul route, drainage proposals including disposal of foul and surface water, the basement construction,  noise  control  measures  to  safeguard  existing  and  proposed  residential  accommodation, proposed working hours, and public consultation arrangements

Site specific issues should also address:

• construction traffic management

• groundwater treatment measures

• reduction of dust and airborne pollution measures

• waste management implementation and monitoring controls

• contaminated land handling arrangements

• pollution prevention

• environmental incident management

Operational matters should also address:

• site works and compounds

• site procedures and including working hours, route links and site boundaries

• monitoring regime for noise, dust, odour and fuel storage

• reporting arrangements for this monitoring and chain of command to enforce compliance

• storage locations for equipment, oil and fuel

• traffic management during basement excavation

• staff training and briefing

• health and safety liaison arrangements

Consultation with other bodies must address:

• contact arrangements and work practices with statutory bodies notably

• Health and Safety and Health Protection

• complaints procedures

2. A ll workmustcomply with Supplementary Planning Guidance, Planning AdviceNote 2 - Developmentof Contaminated Land (2005)

Should Methane Gas be discovered on the site the developer will be obliged to provide an appropriate means of ensuring there is not egress to any buildings on site. This will be subject to the approval of the Minister for Planning and Environment.

3. T hat this consentshall cease to be valid should a formal Planning Agreementunder Article 25 of the Planning and Building Jersey Law 2002 not besignedwithin 4 months from the date of this consent.
4. W ithin six months of commencementofany work onsite, the applicant shall prepare a Travel Plan for the approval of the Minister.
5. W ithin six monthsofcommencementofanyworkon site theapplicant shall submit a full implementation and maintenance scheme for all the soft landscapingshown on the approved plans
6. A ll plantingandother operations comprisedinthelandscapingscheme approved shallbecarriedout and completed in the first planting season following the completion ofthedevelopment. Anytreesor plants planted in accordance with the approvedschemewhich,within a periodof five years from the planting taking place; die, removed, orare seriously damagedshallbe replaced in the next planting season.
7. A ll hard landscapingandother public realm works which are part of the approved plan shallbe covered by a long-term maintenance scheme which shall require the approval of the Minister for Planning and Environment. Thesearrangementsshallbe submitted for the approval of the Minister prior to the occupation of any oftheaccommodationonsite.
8. D etailed samplesof all external finishes shallbesubmittedand approved by the Minister for Planning and Environment within six monthsof the commencementofworkon site. This shallinclude samples of the proposed granite cladding, render, balconies, roofs and groundfloor colonade finishes. In addition to those samples an agreed standard and quality of finish shallalso form part ofthematter to be agreed by the Minister within six months from the commencementof the development.
9. A colourscheme for the external finishes shallbesubmittedfor and agreedby the Minister for Planning and Environment within six months of the commencement of work on site. This scheme shall address particularly the colourtobe provided within the render finishes butshallalso illustrate the colour and texture of the granite work,and the relationship intermsof colour between all external finishes.
10. Details of all external lighting proposed shall besubmitted to the Minister for Planning and Environment within six monthsof the commencementofworkon site. These details shall illustrate all fixtures and fittings andshallinclude matters relating to location and luminance.
11. The design of the residentialunitsshould achieve the following internal noise levels dueto noise ingress: Bedrooms - internalnoise should notbe greater than 30dB(A)L Aeq, 8hrs(2300 - 0700hrs)

Living rooms - internal noise should not be greater than 35dB(A)L Aeq, 16hrs (0700 - 2300hrs)

Kitchens - internal noise should not be greater than 45 dB(A)L Aeq, 16hrs (0700 - 2300hrs).

12. The applicant shall ensure that prior to development, the ambient level ofnitrogendioxide at the site is

assessed. The assessment should, as a minimum, include three months data collected, using monthly nitrogen

dioxide diffusion tubes analysed at an accredited analytical laboratory.

The applicant shall continue to monitor levels of nitrogen dioxide, providing monthly results to the Health Protection Services Department, during construction and for a period of eighteen months after completion of blocks A and B.

The applicant shall provide a consolidated report detailing nitrogen dioxide levels, including interpretation and conclusions, within twenty eight days of the completion of the monitoring programme outlined above. All to the satisfaction of the Minister for Planning and Environment.

13. N otwithstanding the details on the approvedplans provision within the basement shall bemade to permit recycling. The details of this provision to be provided within six months from thecommencementofwork on the site.
14. A report giving details ofthe proposed energy efficiency capability of the proposed buildings in conjunction with a detailed sustainability statement and implementation plan shall be submitted to the Minister for Planning andEnvironmentwithinsixmonthsof the commencementofworkon the site.
15. N otwithstanding the information onthe approved plans the provisionmade for planton the roof is not approved. The applicant must submit detailed drawings to the Minister within six months of the commencementofworkon the site indicating the proposals for accommodating the plant. Theseproposals to be subject to the approval of the Minister.
16. N otwithstanding the information on the approved plans the northern elevation of Block B is not approved. The applicant shallprovideanalternativeapproach to this elevation with the Minister for Planning and Environment for his approval within six months from the commencementofwork on the site.

Reason(s):

1. T o safeguard the amenityof the areaand to ensure the properdevelopmentof the site
2. T o safeguard the amenityof the areaand to ensure the properdevelopmentof the site.
3. T o ensuretheimplicationsof developing this land are properly and appropriately addressed.
4. T o ensuretheproperdevelopmentofthesite.
5. T o ensure the site is developed in anappropriatemannerwhich will improve and enhance the character and appearance ofthearea.
6. T o ensure the site is developed in anappropriatemannerwhich will improve and enhance the character and appearance ofthearea.
7. T o ensure the site is developed in anappropriatemannerwhich will improve and enhance the character and appearance ofthearea.
8. T o ensure the site is developed in anappropriatemannerwhich will improve and enhance the character and appearance ofthearea.
9. T o ensure the site is developed in anappropriatemannerwhich will improve and enhance the character and appearance ofthearea.
10. T o ensure the site is developed in an appropriatemannerwhich will improveandenhancethe character and appearance ofthearea.

11. T o ensure the site is developed in an appropriatemannerwhich will improveandenhancethe character and appearance ofthearea.
12. T o ensure the site is developed in an appropriatemannerwhich will improveandenhancethe character and appearance ofthearea.
13. T o ensure the site is developed in an appropriatemannerwhich will improveandenhancethe character and appearance ofthearea.
14. T o ensure the site is developed in an appropriatemannerwhich will improveandenhancethe character and appearance ofthearea.
15. T h e present drawings illustrating the design approach are not satisfactory or appropriate.