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What planning conditions were altered in relation to the drainage system for the development known as La Providence on Goose Green Marsh

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2.13  Senator  A. Breckon of the Minister for Planning and Environment regarding the drainage system for the development known as La Providence constructed on Goose Green Marsh:

What planning conditions, if any, were altered in relation to the drainage system for the development known as La Providence constructed on Goose Green Marsh?

Senator F.E. Cohen (The Minister for Planning and Environment):

The La Providence planning permit has over 60 conditions, 2 of which relate directly to the permanent surface water drainage requirements. These are condition 50 and condition 54. Condition 50 required the developer to provide detailed proposals relating to the controlled disposal of surface water to the water course. These proposals had to include calculations for the sizing of the sewers and details of surface water attenuation. Planning condition 50 originally stipulated that the developer had to submit their proposals within 6 months of commencing work on the site. In February 2008 however, the condition was varied allowing them to submit their proposals within 6 months of an associated Planning Obligation Agreement being registered in the Royal Court. This Planning Obligation Agreement related to both the onsite attenuation and an offsite water pumping station. Their proposals were approved by both the department and T.T.S. in November 2008. Planning condition 54, which has never been varied, required flood mitigation measures to be installed and to be operational prior to the completion of the housing development. These included the surface water attenuation proposals which have been installed onsite plus an offsite surface water pumping station on Route de la Haule. Both of these were also subject to the separate Planning Obligation Agreement.

  1. Senator A. Breckon:

Can I ask the Minister if all that work has been completed? Senator F.E. Cohen:

The pumping station has not been completed but I understand that it will be in the first quarter of 2010.

  1. Senator A. Breckon:

What are the implications of it not being completed? Senator F.E. Cohen:

The pumping station is a planning benefit that benefits the other houses in the area. It is not specifically targeted at the new development because, of course, the newer development is predominately located on the higher land. So it will, when it is finished, be of benefit to the other houses in the area, and clearly until it is finished the benefit to some extent is delayed.

  1. Deputy R.G. Le Hérissier:

Can the Minister for Planning and Environment therefore confirm that when the condition was that the houses would only be sold when the drainage was put in place it was not a prerequisite that the pumping station on Route de la Haule had to be completed? Can he confirm that that was, indeed, the understanding because people have got a different understanding?

Senator F.E. Cohen:

The position is that originally the pumping station was intended to be completed significantly earlier and there were considerable delays in negotiating the acquisition rights from our Property Holdings, so I am really not entirely sure what impression others have.

  1. Deputy J.B. Fox:

Do I understand from the answer the Minister has given today that, in fact, because the pumping station is not finished and the other tanks are not finished that there should be a delay in further residents moving in to fill the gaps that have not yet been occupied because of the amount of water that could occur in storm conditions?

Senator F.E. Cohen:

I do not believe that there should be significant further delays in relation to occupation and, in fact, I have taken quite a practical approach in relation to occupation of properties on this development because there were a number of occasions where individuals who were wishing to purchase one of these properties were about to lose their mortgage opportunity, and I allowed some flexibility in terms of allowing occupation and would continue to do so if necessary.

  1. Deputy S. Power:

Would the Minister not agree with me that the temporary scheme that Transport and Technical Services Department are working at, at the moment in relation to the surface water drains and the holding of water from the surface water drains in La Providence, is working satisfactorily and that the department are carrying out a sometimes weekly, sometimes twice a week, service to make sure that the surface water drains in the tanks are emptied?

Senator F.E. Cohen:

Yes, I understand that the system is working and that it is proving satisfactory in operation.

  1. Senator B.E. Shenton:

Could the Minister confirm that the ownership of the pumping station will eventually be transferred to the States and the taxpayer will be left with the liability of maintaining and operating the pumping station?

Senator F.E. Cohen:

I would need to do some further research in relation to the final ownership of the pumping station and I will do that later today and distribute it to Members before the close of business today.

  1. The Deputy of St. John :

The temporary scheme that is in place by T.T.S.; who is paying for this temporary scheme, the developer or the public?

Senator F.E. Cohen:

It is my understanding that it is the developer paying for the temporary scheme.

  1. Senator A. Breckon:

The Minister  mentioned some planning  benefits and planning gains  in that other properties in the area would benefit from this scheme, but could he also confirm that the building on this land has put some loading and some strain on the existing systems and is he aware that this has raised any insurance issue?

Senator F.E. Cohen:

No, I am not aware that this has raised any insurance issues and if the Senator is

aware of any specific issues I would be grateful if he could advise me accordingly.