Field No. P747A and P747B, Le Mont Fallu, St. Peter and Uplands Farm, La Route de Beaumont, St. Peter: Enforcement Appeal Decisions ENF/2020/00003

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A decision made on 25 February 2021

Decision Reference: MD-PE-2021-0013			Enforcement Notice Reference: ENF/2020/00003
Decision Summary Title:	Enforcement Appeal Decisions – Field No. P747A & P747B, Le Mont Fallu, St. Peter and Uplands Farm, La Route de Beaumont, St. Peter		Date of Decision Summary:	22 February 2021
Decision Summary Author:	Principal Policy Planner – Strategic Policy, Planning & Performance		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Inspector’s Report- Uplands Farm		Date of Written Report:	19 November 2020
Written Report Author:	D A Hainsworth LL.B(Hons) FRSA Solicitor Planning Inspector		Written Report : Public or Exempt?	Public
Subject: Appeals under Article 109 of the Planning and Building (Jersey) Law 2002 against the serving of an enforcement notice (ENF/2020/00003) at Field No. P747A & P747B, Le Mont Fallu, St. Peter and Uplands Farm, La Route de Beaumont, St. Peter
Decision: The Assistant Minister allowed the appeal on grounds (f) and (g) and dismissed the appeal on all other grounds. The Assistant Minister upheld the enforcement notice, referenced ENF/2020/00003, subject to the following variations: Paragraph No 3: Replace with the following wording; “3. The Breach of Development Controls: Without planning permission, firstly, the carrying out of operational development by the construction of 2no areas of hardstanding (as indicated hatched black on the attached plan) and, secondly, a material change of use of land from agricultural use to a mixed use of agriculture and as: The operations base, vehicle depot and yard, including the parking and storage of vehicles, trailers, plant and machinery, containers and goods associated with a commercial tarmacadam and resurfacing business; A material change of use of an agricultural building (marked ‘x’ on the attached plan) to a use as a vehicle workshop associated with the tarmacadam resurfacing business; and The use of the 2no. areas of hardstanding (as indicated hatched black on the attached plan) for the parking and storage of commercial and non-commercial vehicles, boats, containers, plant and machinery. Paragraph No 5(b): Replace with the following wording; “b. Cease the use of the agricultural building as a vehicle repair/maintenance workshop associated with the tarmacadam resurfacing business and remove all vehicles, spare parts, equipment and machinery facilitating that use.” Paragraph 5(c): Replace with the following wording; “c. Remove from the land all vehicles, trailers, plant, machinery and containers associated with the tarmacadam resurfacing operations.” Paragraph 6: Replace with the following wording; “6. Period of compliance: 3 months from the date of the determination of the appeal against this notice.”
Reason for Decision: The Assistant Minister agreed with the findings and recommendations of the Inspector.
Resource Implications: None.
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy J Perchard		Position: Assistant Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):