Government of Jersey

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A decision made (31.05.06) to retain Condition 3 of planning permission of Seawood, Rue de la Freminerie, St. Saviour

Subject:	Seawood, La Rue de la Freminerie, St. Saviour Change of use of existing sheds to general purpose commercial storage sheds.
Decision Reference:	MD-PE-2006-0179	Exempt clause(s):		n/a
Type of Report (oral or written):	Written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		P/2003/1112
Written Report Title:	REQUEST FOR RECONSIDERATION of condition No. 3 (temporary consent) pf planning permission.	Written report – Author:		Anthony Farman
Decision To retain Condition 3 but to amend it to state: “The use herby permitted shall cease on or before 10th September 2009, and the building restored to its former agricultural use”.
Reason(s) for decision: The permanent change of use is contrary to the Policy C6 and C19 of the Island Plan and no other material considerations outweighed the provisions of the Plan. The permanent change of use would set an undesirable precedent for other similar developments.
Action required: Notify agent of the decision.
Signature: (Minister)			Date of Decision: 31.05.06

Seawood, Rue de la Freminerie, St. Saviour - retain condition 3 of planning permission

Application Number: P/2003/1112

Request for Reconsideration Report

Site Address	Seawood, La Rue de la Freminerie, St. Saviour.

Requested by	J.R. Quenault And Sons Ltd	Agent	Andrew Harvey Architects

Description	Change of use of existing sheds to general purpose commercial storage sheds. REQUEST FOR RECONSIDERATION of condition No. 3 (temporary consent) of planning permission.

Type	Planning

Original Decision	APPROVED

Conditions	3. The use hereby permitted shall cease on or before 10th September 2006, and the building restored to its former use.
Reasons	3. To assess the anticipated need for agricultural sheds in 2006.

Determined by	Planning Sub-Committee

Date	11/09/2003

Zones	Countryside Zone

Policies	C19 – Change of Use and/or Conversion of Modern Farm Buildings Applications for the change of use and/or conversion of modern farm buildings will normally be permitted where they are at least five years old, the redundancy to both the farm unit and to agriculture as a whole is proven by the applicant to the satisfaction of the Planning & Environment Department, the building is not of strategic importance to the agricultural industry.

Recommendation

Extend temporary condition as follows:

The use hereby permitted shall cease on or before 10th September 2009, and the building restored to its former use.

Comments on Case	The change of use of agricultural buildings will only be considered where the redundancy of the building to the owner and to the agricultural industry is proven by the applicant to the satisfaction of the Agriculture and Fisheries Committee and the Planning & Environment Department. It is reasonable to suggest that there has been little change in the agricultural industry and therefore it is reasonable to extend the commercial use of the sheds. However, the state of the agricultural industry in general does not mean that these specific sheds will not be useful to the industry in the future and it does not mean that the applicant has demonstrated that these sheds are redundant. To allow the permanent change of use of these sheds or the basis of the information submitted would effectively be changing the Minister’s policy. Such a change of policy would need to be considered on a strategic basis and not on a case by case manner.

Recommendation	Extend temporary condition as follows: The use hereby permitted shall cease on or before 10th September 2009, and the building restored to its former use.

Reason	To assess the anticipated need for agricultural sheds in 2009.

Background Papers	1:2500 Site Plan Letter from agent dated 33/03/06 Consultation response dated 25/04/06 Consultation response dated 02/07/03 (relating to the application)

Endorsed by		Date