Les Cascades, La Rue des Haies, Trinity: Determination of Planning Application

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A decision made 11 July 2011 regarding:

Decision Reference: MD-PE-2011-0065

Application Number: P/2010/1893

(If applicable)

Decision Summary Title :

Les Cascades, La Rue des Haies, Trinity.

Date of Decision Summary:

06.07.2011

Decision Summary Author:

Senior Planner

– A Coates

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written & Oral

Person Giving

Oral Report:

Director – Development Control. Department of the Environment

Written Report

Title :

Les Cascades, La Rue des Haies, Trinity.

Date of Written Report:

05.07.2011

Written Report Author:

Senior Planner

– A Coates

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Les Cascades, La Rue des Haies, Trinity.

Change of use of part of Field 1327 from agricultural to domestic curtilage. RETROSPECTIVE: Construct dog kennels.

Decision(s):

To APPROVE the application for the following reason:

Reason(s) for Decision:

The Minister for Planning and Environment considered that the proposed retention of the kennels for a temporary period and associated change of use of agricultural land to domestic curtilage, was acceptable under Policies SP1 and NE7 of the Island Planbut only for a temporary period of 3 years. The Minister noted that the structure can not be viewed from any public vantage point and is sited on an existing and significant area of hard-standing between a tall boundary wall and large agricultural shed. The kennels will not be likely to result in the permanent loss of good agricultural land.

It was also considered that the kennels are well designed and of sufficient distance from neighbouring properties and so shielded by other structures as to not be likely to result in any unreasonable or significant adverse impact upon the amenities of nearby residents.

The Minister paid due regard to the personal medical circumstances of the applicant and took into account doctor’s advice that the applicant should not be subjected to any undue stress.

The Minister also took account of the consultation responses and representations received and of the provisions of the recently adopted Island Plan and has decided to grant a temporary permission of 3 years.

Condition

1. The permission, hereby granted, shall enure for a period not exceeding 3 years, after which time, the kennel structure shall be removed in its entirety from Field 1327.

Reason

1. The kennels have been granted planning permission solely because of the personal circumstances of the occupier of the adjacent dwelling, Les Cascades. The Department considers that a temporary permission is necessary, as a permanent structure of this nature would otherwise be contrary to Policy NE7 of the Island Plan, 2011.

Resource Implications:

There are no resource implications.

Action required:

Issue notification of the decision as appropriate.

Signature:

Senator F E Cohen

PLeg / PT Initials

Position:

Minister for Planning and Environment

Date Signed:

Date of Decision (If different from Date Signed):