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Government departments limit SDO comments until more detail available

Sketches released by Westend Properties to show the planned setting of buildings, proposed as part of a special development order for the Fairmont Southampton resort, in relation to the overall property. The company said the illustrations do not reflect the ultimate architecture of the units

Submissions from government technical teams in response to proposed development at the Fairmont Southampton highlighted how plans are expected to be further reviewed once more details become available.

A request was made last month for a special development order, which if granted would provide in-principle permission for up to 114 tourism and 147 residential units at the site.

Construction would be phased over 15 to 20 years, according to a letter supporting the application, which was made by hotel owners Westend Properties.

The letter said: “It is important to appreciate that the proposals are in outline format at present and many detailed aspects of the proposed development are not yet available.

“These will not be worked out until in-principle planning permission is granted by a new SDO.”

A government spokesman explained last week: “The SDO is seeking in-principle permission for several residential units, which would include a number of conditions if granted.

“One such condition would specify the requirement to submit a final planning application with all required development details.”

Environmental Health, in its April 27 response to the SDO application, said it could “provide limited comment at this time but anticipate comprehensive comments as the technical and engineering details are provided in the future”.

Its response added that “from the outset”, the proposal should consider elements such as the provision of tanks under or near all buildings, facilities for an increased staff, sewerage infrastructure, water supply and disinfection requirements.

The submission said: “Occupational Safety and Health expect due consideration throughout the entire process for the safety of the workers, users and those accessing the site through the many phases and life of the project.”

A response from the Pollution Control Section of the Department of Environment and Natural Resources referred to the support letter’s acknowledgement that detailed aspects of the proposal would come after an approval of the SDO.

It said: “This consultation is consequently limited and will require review when the necessary information concerning the development has been provided.”

The submission highlighted that a centralised tertiary waste water treatment plant was proposed to replace an ageing WWTP that would not be capable of handling the additional load linked to the proposed development.

It said DENR-PCS supported the approach and recommended consultation with the Pollution Control Section, followed by an application for a construction permit and operating licence, before specifications for a new WWTP were agreed with the manufacturer or provider.

The PCS supported other proposals made in an environmental-impact statement submitted as part of the SDO request, such as a plan related to the management of rainwater as well as an intention to use three supply sources for potable water.

Usual planning application process would follow if SDO is granted

A spokesman for the Government said last week that conditions would be attached to a special development order – if granted – for the Fairmont Southampton resort.

In-principle approval has been sought for up to 114 tourism and 147 residential units in buildings of two to six storeys with associated access roads and parking as well as modifications to the site’s golf course.

The government spokesman added: “One such condition would specify the requirement to submit a final planning application with all required development details.”

He added: “It is typical for a project of this magnitude to split the development into different phases, each submitted as a separate planning application.

“In that instance, an application must be submitted for each building.”

The spokesman said that any applications would "follow the usual planning application process while adhering to the conditions outlined in the SDO“.

A response from the Tourism Regulation and Policy Unit noted that the Fairmont Southampton Hotel Act 2023 allowed concessions on customs duty for the hotel redevelopment as well as on hotel occupancy tax, land tax and the employer’s share of payroll tax in relation to the hotel.

It added: “TR&P is not aware of the estimated timeline by which the hotel redevelopment will be completed and the subsequent start of the Phase 1: tourism units and Phase 2: residential units.

“Initially, it was stated that the hotel redevelopment would be completed before work would begin on phases 1 and 2.

“It is no longer clear that this is the case as it has been stated that the financial success of the hotel is contingent upon the successful application of the revised SDO.

“Our concern is that, as was the case with another similar proposal, the hotel redevelopment will become second priority to Phases 1 and 2.”

A spokesman for the Ministry of Tourism and the Cabinet Office said the TR&P response did not represent the ministry’s views on the application or the proposed redevelopment of the hotel.

He explained: “The submission is an internal, technical communication between departments.

“The Tourism Regulation and Policy Unit is ordinarily invited to comment on technical issues presented by any application for concessions under the Tourism Investment Act.

“In this case, technical views were invited on the SDO, and the submission preceded a fulsome review of the documentation on file.

“Whilst the importance of the Fairmont Southampton development proposed under the application has been emphasised by the developers, they have maintained that the main hotel will be repurposed first, which remains both the understanding and expectation of the ministry.”

The spokesman said there were “no similar hotel development proposals being considered at this time” but no response was provided by publication time when pressed on what was the “similar proposal” referenced in the TR & P response.

Westend Properties said, in an advert published in February, that construction for Phase 1 of its proposals – which plans suggest would include the 114 tourism villas – “will not begin until well after the hotel renovations have commenced”.

Chris Maybury, part of the resort’s ownership group, told The Royal Gazette this month: “We are focusing only to open the hotel.

“We’ve said that multiple times there won’t be any other units until the hotel is going.”

A summary of comments from the Historical Buildings Advisory Committee, which reviewed the SDO application at a meeting on April 13, referenced an SDO granted for the Fairmont Southampton resort in 2009, which was never executed.

The submission said: “It was noted that in the previous 2009 submission there was language that included an archaeological assessment and management plan within the registered Historical Protection Areas should there be any archaeological discovery in these areas.

“The committee would like to recommend including these conditions within this submission.

“The committee has noted there should be careful monitoring of the monuments within the HPAs during construction for any potential damage caused by vibration, dust or any other potential sources during construction.

“The committee also shared concerns about public access to the historic protection areas and how that was to be maintained.”

Responses to the SDO request will be accepted by the Department of Planning no later than the end of Monday, May 29.

A spokeswoman for Westend Properties said: “A few Government entities have submitted comments regarding the SDO application.

“Like the Department of Planning, we are reviewing each of these submissions carefully and will take all the concerns and objections into account before proceeding to the next step in the process.

“Since there seems to be some confusion around this point, we would like to take this opportunity to reiterate that, in the event the SDO is approved, the units will not be completed before the hotel opens.”

• This story has been updated to include a comment from Westend Properties.

To read in full the support letter and submissions referenced in this article, click on the PDFs under “Related Media”

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Published May 17, 2023 at 7:56 am (Updated May 17, 2023 at 9:13 am)

Government departments limit SDO comments until more detail available

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