Resales and leases of agricultural land (FOI)
Resales and leases of agricultural land (FOI)Produced by the Freedom of Information office
Authored by States of Jersey and published on 18 December 2015.
Questions of Land Control re sales and leases of Agricultural land.
1. Fields 492 + 492 and 494 Rues des Buttes St Martin, when were these fields transacted into the current ownership of (name redacted) ?
2. These ancient agricultural fields / land ! ! Why is a non bona fide agriculturalist allowed to occupy and turn this land into a "horse riding / training school"? Did LAND CONTROL place any conditions of the permitted uses to (name redacted) and what are they?
3. A large parking area on good agricultural land now being taken up with /storage / commercial lorries being used as storage etc, etc, did or does LAND CONTROL permit this change of use ?
4. Is the new owner permitted to occupy these fields for running a commercial riding and tack school for paying clients etc. the new sand school has been hard cored then covered with sand and fencing around it...does this need planning & land control consent if so please explain..
5. the "parking area on Field 494 " is a mudbath and being spread upon the public highway ! is this allowed ?
6. Is it correct that this so called " exempted development " allows shelters for animals / horses but should be a shelter with three sides + roof-these structures upon Fields 491,492 and 494 do not comply .
These questions are for Land Control at Environment and for the Planning Department
1. The department does not hold dates in relation to the change of ownership of land. This information can be accessed online at the offices of the Jersey public registry.
2. In accordance with the States of Jersey approved Rural Economy Strategy and the Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974, the land can be occupied for the purpose of running a commercial livery (recognised as an agricultural activity),subject to complying with other statutory controls (eg Planning and Building (Jersey) Law 2002.
The following conditions apply to the agricultural fields under the Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974:
(a) that field(s), shall not, without the consent of the Planning and Environment Minister, be occupied by anyone other than a bona fide inhabitant of the Island specifically approved by the Minister who is wholly or mainly engaged in work of an agricultural nature in Jersey for his own benefit and profit;
(b) that field(s) are used for agricultural or horticultural purposes only; this excludes the grazing of equine animals and the growing of trees without the written consent of the Planning and Environment Minister.
In relation to the current occupier of the fields in question, the minister granted a license to use the fields for equine use.
The license also required:
- an annual agricultural statistics return form must be completed and returned to the department
- trading accounts must be made available for scrutiny
- to be eligible for the single area payment subsidy the following need to be completed and returned annually:
- a farm manure and waste management plan
- AP1, area claim form
- AP2, financial declaration form
- a gross margin of £5,000 must be achieved by the end of year three.
3. The storing of equipment and / or materials ancillary to an agricultural business on agricultural land is allowed under the Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974 Land Control.
4. In accordance with the States of Jersey approved Rural Economy Strategy and the Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974, the land can be occupied for the purpose of running a commercial livery (recognised as an agricultural activity), subject to planning permission being obtained for any commercial sand school under the Planning and Building (Jersey) Law 2002.
The creation of a commercial sand school on these fields was supported by the Land Control Team when the minister granted the occupier a license under the Agricultural Land (Control of Sales and Leases)(Jersey) Law 1974, subject to planning permission being obtained under the Planning and Building (Jersey) Law 2002.
5. Mud being spread upon a public road does not fall under the control of the Planning and Building (Jersey) Law 2012 or the Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974, both of which are administered by the Department of the Environment.
Public roads in the Island are managed by the Transport and Technical Services Department or the relevant Parish authorities.
The road leading off the parking area of Field 494 is administered by the Parish of St Martin.
A separate FoI request should be made to the Parish of St Martin for any information relating to this road.
6. The erection of a livestock shelter as ‘permitted development’ under the Planning and Building (General Development) (Jersey) Order 2011 does not require the shelter to have three sides and a roof.
Class G of the Planning and Building (General Development) (Jersey) Order 2011 allows the erection of a structure on agricultural land to shelter livestock, as follows:
|Permitted development||G.1 The erection of a structure on agricultural land to shelter livestock.|
Work not permitted
|G.2 Work is not permitted by Class G if –|
(a) the total aggregated external area of any structures erected under this Class since 1st June 2007 exceeds 50 square metres; or
(b) the land or structure is or forms part of a LBP or pLBP, or in a case where the works involve excavation of ground, the land or structure is in an AAP.
|G.3 The area of any structure must not exceed 25 square metres and, where there is more than 1 structure, the aggregate area of the structures must not exceed 50 square metres.|
G.4 The structure must not exceed 3.5 metres in height above ground level.
G.5 The structure must not be erected within 15 metres of a road or within 30 metres of a boundary with land used as a part of residential premises.
G.6 The structure must be clad in timber which has not been coloured, or is stained in a natural timber colour.
G.7 If the structure is removed, any hardstanding forming the base of the structure must be removed and the land restored to its former condition.
Full details of the ‘permitted development’ contained within the Planning and Building (General Development) (Jersey) Order 2011 can be found on the Jersey Law website.