Will the current planning process in the period leading up to the ratification of the new Island Plan be sensitive to applications being considered in areas such as proposed conservation areas

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WRITTEN QUESTION TO THE MINISTER FOR PLANNING AND ENVIRONMENT BY DEPUTY S.S.P.A. POWER OF ST. BRELADE

ANSWER TO BE TABLED ON TUESDAY 29th MARCH 2011

Question

Can the Minister give an assurance that the current planning process will, in the period leading up to the ratification of the new Island Plan, be sensitive to applications that are at the moment being considered in areas such as proposed conservation areas?

Answer

Both the current 2002 Island Plan and the 2009 Draft Island Plan set out planning policy regimes for the management of development affecting Conservation Areas (Policy BE9 in the 2002 Island Plan and Draft Policy HE3 in the Draft Island Plan 2009).

Any application affecting a Conservation Area would fall to be considered in respect of the policy regime applicable at that time. Presently, the 2002 Island Plan remains the primary consideration in the determination of planning applications and thus Policy BE9 would apply.

POLICY BE9 – CONSERVATION AREAS

Conservation Areas will be designated within the Plan period subject to a detailed appraisal of their conservation merits.

Once designated as a Conservation Area, the Planning and Environment Committee will initiate the preparation of Conservation Management Plans for each area to inform their long term conservation and enhancement.

Development within or affecting the setting of a Conservation Area will only be permitted where it would conserve or enhance the architectural or historic character or appearance of the Conservation Area.

Development proposals will be expected to be in accordance with all other principles and policies of the Plan and in particular should:

• respect the historic context in scale, form and layout;
• use materials and colours that are appropriate and sympathetic to the site and its setting;
• protect boundary features such as trees, hedges, walls and railings that contribute to the special character of the area; and
• protect and enhance views into and out of the area.

Developments that are likely to have a harmful impact on the character and appearance of a Conservation Area will not normally be permitted.

There are, however, no Conservation Areas presently designated in the Island.

Work is presently underway, as part of my review of the Historic Environment Protection Regime, to bring forward the first proposed designations, which will focus on St Helier. It is my intention that areas at St Aubin and Gorey will follow shortly thereafter. It is likely that the first proposed designations will emerge later this year.

Until such time that details of these proposed designations, involving the detailed definition of the proposed areas on maps, they cannot be considered as material to planning applications. It is relevant to note that proposed Conservation Area boundaries will need to be the subject of extensive consultation with all interested parties, including local residents and businesses, prior to designation.

I would seek to offer the assurance, in the meantime, that all development proposals are assessed relative to their impact upon the character of an area, as provided for in the policy regime of the 2002 Island Plan (specifically Policy G2). Thus, the impact of development proposals upon areas of clear architectural and historic character and value, such as Havre des Pas in St Helier, or St Aubin and Gorey, amongst others, will be material to the determination of current planning applications.