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Ollivier's Farm, Le Mont du Ouaisne, St. Brelade: Planning Application P/2010/1698 - Decision

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A decision made 14 October 2011 regarding:

Decision Reference:   MD-PE-2011-0098

Application Number:  P/2010/1698

(If applicable)

Decision Summary Title :

Ollivier’s Farm, Le Mont du Ouaisne,  St. Brelade,

Date of Decision Summary:

11/10/2011

Decision Summary Author:

 

Senior Planner.

Alistair Coates

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Senior Planner.

Alistair Coates

Written Report

Title :

Planning Application : P/2010/1698 - Demolish existing buildings and structures. Construct 8 No. dwellings with garages. Relocate vehicular access.

 

Date of Written Report:

15 September 2011

Written Report Author:

Senior Planner.

Alistair Coates

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Ollivier’s Farm, Le Mont du Ouaisne,  St. Brelade,  

 

Planning Application : P/2010/1698 - Demolish existing buildings and structures. Construct 8 No. dwellings with garages. Relocate vehicular access.

 

Decisions:

Following his Public Ministerial Meeting on 30th September 2011 and subsequent Site Visit on 10th October, 2011, the Minister refused the application. In arriving at his decision, the Minister paid due respect to the case made out by the Applicant’s agent and to all consultation responses and representations received.  Also given due consideration was the Officer’s report and the relevant policies of the Jersey Island Plan, 2011.

 

Reason(s) for Decision:

1.   The site lies within the designated Coastal National Park wherein there is the strongest presumption against all forms of new development and the extension and / or intensification of existing development. Policy NE 6 of the Island Plan accepts that there may be opportunity to secure the repair and restoration of its character by allowing exceptions to the presumption against new development to be made where it is clear that a redevelopment of existing buildings or land uses might provide an opportunity to repair or reduce the damage caused to the landscape character by existing buildings and uses.

 

In this instance, the site is considered to have a unique and established character formed in the 1930’s and incrementally developed since then, contributing to that character. The demolition of the existing structures and subsequent construction of 8 permanent dwellings on the site will not serve to repair or restore this character and the proposal does not, therefore, justify an exception to Policy NE 6 or GD1 of the Jersey Island Plan, 2011.

 

2.  The site falls outside of the Built-up Area, where planning permission will only be given for (among other things) development appropriate to the countryside and, where it meets an identified need and is appropriate to do so. In this instance, the proposed development is not considered appropriate to this particular countryside setting and no evidence of identified need has been forthcoming. The proposal is also not considered to represent a sustainable approach to development in general or to housing provision in particular, given that the existing chalets and structures are capable of being repaired, refurbished and occupied to a standard acceptable to the occupants.

 

Accordingly, the proposal fails to satisfy the provisions of Policy SP1, SP2 and GD2 of the Jersey Island Plan, 2011.

 

3. The proposal will result in the loss of established housing units, contrary to the provisions of Policy H11 of the Jersey Island Plan, 2011.  

 

4.      The application fails to demonstrate that the proposal will not seriously adversely affect biological diversity or cause significant harm to animal or plant species protected by Law, or their habitats. Accordingly, the proposal is contrary to the provisions of Policies SP4, GD1, NE1 and NE2 of the Jersey Island Plan, 2011.  

Resource Implications:

None

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

 

Deputy R Duhamel

PLeg/AS  Initials

Position:

 

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

Ollivier's Farm, Le Mont du Ouaisne, St. Brelade: Planning Application P/2010/1698 - Decision

 

Department of the Environment

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

 

(This is hidden text it will not print out. Use F11 to move to the next field.  Shift -F11 to previous field.)Planning and Environment Department

Report

 

Application Number

P/2010/1698

 

Site Address

Ollivier’s Farm, Le Mont du Ouaisne, St. Brelade.

 

 

Applicant

Mr B Ollivier

Buckley & Company

 

 

Description

Demolish existing buildings and structures. Construct 8 No. dwellings with garages. Relocate vehicular access.

 

 

Type

Planning

 

 

Date Validated

18/11/2010

 

 

Zones

Coastal National Park

 

 

Policies

SP1 – Spatial Strategy

SP2 – Efficient Use of Resources

SP4 – Protecting the Natural and Historic Environment

GD1 – General Development Considerations

GD 7 – Design Quality

NE1 – Conservation & Enhancement of Biological Diversity

NE2 – Species Protection

NE 6 – Coastal National Park

H 11 – Loss of Housing Units

 

 

Reason for Referral

Minister Call-in.

 

Summary/

Conclusion

Whilst there has never been any planning application to regularise the use of the chalets etc as permanent homes, the Department is satisfied that they have been used as such for a significant number of years and are, therefore, exempt from any enforcement action. This is not to infer that all the homes are now authorised structures and, in planning terms, the site is not viewed as one that should be re-developed for permanent residential use in the conventional sense.

 

The Department considers that the existing range of old chalets and resultant community at Ollivier’s Farm is, perhaps, unique to Jersey and accepts the residential use on that basis. The removal of these homes to allow for a new housing development is not considered to be a sustainable or beneficial option in land use terms. Moreover, the strong presumption against any development within the Coastal National Park (Policy NE6) would presume against a proposed redevelopment of the site for conventional housing, even if the net number of dwellings is to be reduced. This latter issue also comes into conflict with Policy H11 which presumes against the loss of housing units.

 

Over 500 letters of objection have been received to the proposal.

 

 

Officer

Recommendation

Refusal.

 

Site Description

The site is approximately 3½ vergees (0.64 Hectares) in extent, located towards the bottom end of Le Mont du Ouaisne, in close proximity to the pond.

 

 

Relevant Planning History

 No recent planning history relevant to the site. The chalets appear to have been on site since the 1930’s.

 

 

Existing use of Land/Buildings

The  site is currently occupied by a mixed collection of old chalets and de-mountable homes, the physical structures of  which are owned by the residents, but all subject to annual ground leases controlled by the landlord (ie the applicant). It is a fact that if the landlord chose not to renew the lease, then the residents would have to quit the site and remove their home.

 

 

 

Proposed use of Land/Buildings

Residential.

 

 

Consultations

Parish“Consideration was given to the application by the members of the Parish Roads Committee…Please note that consideration was only given to the proposal to relocate the vehicular access. The Committee having also attended on site were unanimous that such relocation would be an improvement to the existing access and therefore fully supported this part of the application.

 

A meeting of the residents of the area was held and concerns in relation to this application were expressed. I would urge the Minister to give serious attention to these concerns when deciding whether or not to grant approval to the proposals”.

 

T&TS(Drainage) – “There is an existing public foul sewer in La Rue de la Retraite that has the capacity for the proposal…It is noted that surface water run-off from the site will be directed to soakaway and due to the sensitivity of the adjacent area, it is recommended that suitable petrol/oil interceptors are utilised for run off from the access and parking areas”.

 

LC &ADS “This application has no impact on commercial agriculture and… the Section have no comments to make”.

 

Natural Environment Team“Policies would indicate that this site is not an appropriate location for the development of a housing estate, even the small estate proposed in this application.

 

The documents supporting this application state that there are currently 21 dwellings on the site and the developer proposes to reduce this number to 8. Whilst it would appear that there is merit in this proposal to reduce the number of dwellings, in this case, it is important to look at the wider footprint of the existing compared to the proposed dwellings. The current dwellings are small, non-permanent structures with a very small footprint. The proposed development would be of permanent housing with foundations and permanent hard-standing – a substantial change to the nature of the footprint.

 

Housing (Population Office) – no objections to the proposal.

 

All consultations are attached with the background papers

 

 

Summary of Representations

Over 500 letters of representation and petitions have been received raising the following concerns:

 

- this is a unique community that should be preserved.

- loss of homes (some people have lived here since the 1960’s).

- most residents have invested substantial amounts of money in

  repair / refurbishment of the chalets.

- contrary to Policy.

- detriment to the environment.

- traffic issues.

- The new dwellings will not be ‘affordable’.

 

The agent has responded to all points raised.

 

All letters of representation and responses are attached with the background papers

 

 

Planning Issues

Policy Considerations

SP1 – Outside the Built-up Area, planning permission will only be given for (among other things) development appropriate to the countryside and, where it meets an identified need and is appropriate to do so. In this instance, the resultant reduction in numbers of dwellings would lead to a corresponding reduction in intensity of use of the site. In terms of the Spatial Strategy, Ouaisne is not a preferred site for housing and the proposal to reduce numbers is, accordingly, compliant with Policy SP1.

 

SP2 – Development should make the most efficient and effective use of land, energy, water resources and buildings. New development should secure the highest viable resource efficiency in terms of the re-use of existing land and buildings. In this instance, the continued use of the existing chalets is considered to be the most sustainable option. Their demolition and replacement with 8 dwellings would result in the need to find at least 13 new homes for the displaced occupant families and this is not considered to be a sustainable approach to development or housing provision.

 

SP4 – A high priority will be given to protection of the Island’s natural and historic environment. The protection of the countryside and Jersey’s biodiversity will be key considerations in the determination of planning applications. In this instance, the department is not wholly satisfied that the demolition and construction of new permanent dwellings would not result in harm to the environment.

 

GD 1 – Outlines the material considerations against which all development proposals will be tested, including the need for the highest standard of design and construction and the need to prevent unreasonable harm to neighbour amenity or to the character of an area. In this instance, the proposal is not likely to lead to any unreasonable impact upon neighbour amenity and the design standard is high. However, as detailed elsewhere in this report, the Department has serious concerns about the potential impact upon the sensitive character of the area.

 

GD 2 – in the case of a replacement building, the new building must enhance the appearance of the site and surroundings and should be seen to replace a building that is not appropriate to repair or refurbish.  In this instance, the chalets have, over the years, been repaired and refurbished by their owners or occupants.  It is evident that the owners / occupants are satisfied with their accommodation and that they are capable of repair and refurbishment.

 

GD7 - Requires a high quality of design that respects, conserves and contributes positively to the landscape and built context. In this instance, the quality of design is of a good standard.

 

NE 6 – Strongest presumption against all forms of new development and the extension and / or intensification of existing development. Notwithstanding this presumption, the Policy accepts that there may be opportunity to secure the repair and restoration of its character by allowing exceptions to the presumption against new development to be made where it is clear that a redevelopment of existing buildings or land uses might provide an opportunity to repair or reduce the damage caused to the landscape character by existing buildings and uses.

 

In this instance, the existing chalets and structures have, to a certain degree, assimilated into the landscape over the years and are not considered to cause any significant harm to the landscape character of Ouaisne.  Nonetheless, the clearance of the chalets and the careful resotration of the land upon which they are situate would not be objected to by the Department on environmental grounds. The Department’s prime concern is that the erection of 8 permanent dwellings should not be seen as a justifiable ‘reward’ for the clearance of the chalet homes. The erection of 8 dwellings here would serve to alter and affect the landscape character and would not necessarily serve to repair or restore its character.

 

Given the strongest presumption against all forms of development within the Coastal National Park, the erection of 8 dwellings is not supported under Policy NE6.

 

H 11 – Presumption against the loss of housing units except where such loss is justified on the basis of, among other things, the replacement of sub-standard accommodation. In this instance, the Department accepts that the existing habitable chalets and structures probably do not comply with latest standards of room sizes and private amenity space etc., but are aware that the majority, if not all, occupants of the chalets wish to remain living in them and are content with the state and nature of the existing structures.

 

The proposed development would provide 8 cottage-style dwellings in place of 21 chalet-style dwellings; a resultant loss of 13 homes. The proposal does not include any measures to try and re-house the displaced residents and, although the existing units are not up to present-day standards, the occupants are content living there. As such, the Department considers that the loss of such a significant number of homes is a material planning consideration and one that conflicts with the presumption against the loss of housing units.

 

NE1 - presumption in favour of the conservation and enhancement

of biological diversity. In this instance, the department is not wholly staisfied that the demolition and construction of new permanent dwellings would not result in harm to the environment.

 

NE2 - Planning permission will only be granted for development that would not cause significant harm to animal or plant species protected by law, or their habitats. In this instance, the department is not wholly satisfied that the demolition and construction of new permanent dwellings would not result in harm to the environment.

 

Land Use Implications

The site is within a very sensitive area of the new Coastal National Park where housing development would not, ordinarily, be considered acceptable. The Spatial Strategy of the 2011 Island Plan would also strongly discourage new housing on such sites away from the Built-up Area and with poor transport links and access to services.

 

The Department considers that the existing range of old chalets and resultant community at Ollivier’s Farm is, perhaps, unique to Jersey and accepts the residential use on that basis. The removal of these homes to allow for a new housing development is not considered to be a sustainable or beneficial option in land use terms.

 

Size, Scale & Siting

The existing structures on site add up to a footprint of approximately 730 sq.m. The proposed development would have a footprint of around 510 sq.m  - a 30% reduction. The siting of the new dwellings would allow for a greater buffer zone between the pond and the houses and would result in the clearance of the structures from just behind the roadside trees. Such an approach could result in environmental improvements to the area although the Natural Environment Team does not believe that this is necessarily the case. They state that “…The current dwellings are small, non-permanent structures with a very small footprint. The proposed development would be of permanent housing with foundations and permanent hard-standing – a substantial change to the nature of the footprint”.

 

Design & Use of Materials

The proposed dwellings are designed in a vernacular form and intended to resemble 1½  fishermen’s’ cottages clustered around a central green area. Materials would include painted rendered walls with stone window / door surrounds, slate roofs and painted timber windows. The dwellings are neatly proportioned and would be acceptable in detail if it were not for the wider concerns raised in this report.

 

Impact on Neighbours

The proposed demolition of the existing structures and the erection of 8 well designed cottages is not likely to result in an unreasonable loss of amenity to any other residents in the vicinity.

 

Access, Car parking and Highway Considerations

The Parish support the proposed access improvements and the site has the capacity to provide sufficient parking and manoeuvring space to serve the proposed development.

 

Foul Sewage Disposal

The site is connected to the public foul sewer which has capacity to cater for the proposed development.

 

Landscaping issues

The site could be landscaped in such a way to try and minimise any impact on the environment. However, given the very sensitive nature of the immediate area, a bespoke landscape scheme would be required in order to ensure that alien species are not purposefully introduced to the Common. In the event that Panel are minded to grant planning permission, a condition should be attached to the permit requiring the submission and approval of all landscaping prior to development commencing.

 

Other Material Considerations

 A Percentage for Art Statement has been received.

 

 

Officer

Recommendation

Refusal

 

 

Reasons

1.   The site lies within the designated Coastal National Park wherein there is the strongest presumption against all forms of new development and the extension and / or intensification of existing development. Policy NE 6 of the Island Plan accepts that there may be opportunity to secure the repair and restoration of its character by allowing exceptions to the presumption against new development to be made where it is clear that a redevelopment of existing buildings or land uses might provide an opportunity to repair or reduce the damage caused to the landscape character by existing buildings and uses.

 

In this instance, the site is considered to have a unique and established character formed in the 1930’s and incrementally developed since then, contributing to that character. The demolition of the existing structures and subsequent construction of 8 permanent dwellings on the site will not serve to repair or restore this character and the proposal does not, therefore, justify an exception to Policy NE 6 or GD1 of the Jersey Island Plan, 2011.

 

2.  The site falls outside of the Built-up Area, where planning permission will only be given for (among other things) development appropriate to the countryside and, where it meets an identified need and is appropriate to do so. In this instance, the proposed development is not considered appropriate to this particular countryside setting and no evidence of identified need has been forthcoming. The proposal is also not considered to represent a sustainable approach to development in general or to housing provision in particular, given that the existing chalets and structures are capable of being repaired, refurbished and occupied to a standard acceptable to the occupants.

 

Accordingly, the proposal fails to satisfy the provisions of Policy SP1, SP2 and GD2 of the Jersey Island Plan, 2011.

 

3. The proposal will result in the loss of established housing units, contrary to the provisions of Policy H11 of the Jersey Island Plan, 2011.  

 

4.      The application fails to demonstrate that the proposal will not seriously adversely affect biological diversity or cause significant harm to animal or plant species protected by Law, or their habitats. Accordingly, the proposal is contrary to the provisions of Policies SP4, GD1, NE1 and NE2 of the Jersey Island Plan, 2011.  

 

 

Background Papers

1:2500 Location Plan

Design Statement

Consultation Responses from: Parish, T&TS(Drainage), Natural Environment Team, Housing Department, LC&ADS.

500+ letters of representation.

Responses from the agent

(Also include correspondence from Case Officer – Possibly [pre-application advice & any other relevant material)

 

Endorsed by:

 

Date:

 

 


 

 

 

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