Retreat Farm, La Rue de la Frontiere, St. Mary, and Rue des Varvots, St. Lawrence: Planning Application (P/2017/1023 & P/2017/0805): Public Inquiry: Decision

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A decision made 25 July 2018:

Decision Reference: MD-PE-2018-0060

Application Numbers: P/2017/1023 and P/2017/0805

Decision Summary Title :

Retreat Farm, La Rue de la Frontiere, St Mary and Rue des Varvots, St Lawrence

Date of Decision Summary:

25 July 2018

Decision Summary Author:

Senior Planner

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Director, Development Control

Written Report

Title :

N/A

Date of Written Report:

N/A

Written Report Author:

N/A

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

N/A

Subject: Retreat Farm, La Rue de la Frontiere, St Mary and Rue des Varvots, St Lawrence,

P/2017/1023

Demolish glasshouse and ancillary structures in Field 770. Construct 13 No. two bed and 14 No. three bed self-catering accommodation units and ancillary structures with associated hard and soft landscaping. Change of use of resulting agricultural field to car park, including hardstanding and associated works. Widen La Rue de la Frontiere and alter vehicular access. Construct bus shelter and form footpath to South-West of site. Construct terraced seating area to North of existing café. 3D model available. AMENDED DESCRIPTION: Additional plans and documents received in support of submission and in response to representations received. AMENDED PLANS RECEIVED. Environmental Impact Statement (EIS) submitted. FURTHER AMENDED DESCRIPTION: Additional plans received in response to previous Department for Infrastructure highway comments. FURTHER AMENDED PLANS RECEIVED. FURTHER AMENDED DESCRIPTION: Secondary Tree Inspection Results Report received. FURTHER AMENDED DESCRIPTION FOLLOWING PUBLIC INQUIRY DEFERRAL: Demolish existing glasshouse and associated structures and hardstandings in field M770. Restoration of land to a condition suitable for agriculture. Creation of permeable surfaces and landscaping. Changes to existing means of access to La Rue de la Frontiere including road widening, creation of link footpath, 2 No. bus platforms and 1 No. shelter. Install pumping station and associated surface and foul water drainage. Erect 27 No. units for Class F (d) self-catering accommodation with 2 No. associated ancillary units for laundry and gym and 2 No. associated ancillary units for reception/ticket office and shop (and canopy) ancillary to Tamba Park leisure facility with associated bases. Use of land for mixed use for a) car parking associated with Tamba Park; b) reception/ticket office and shop facilities with office for leisure and tourism and c) Class F (d) self-catering use with associated car parking. SUBMITTED PLANS CLARIFIED FOLLOWING PUBLIC INQUIRY.

P/2017/0805

Demolish glasshouses to field No. L78. Alter vehicular access onto La Rue de la Frontiere. Construct 1 No. four bedroom single storey house, detached three car garage and swimming pool to car park south of Field No. L78 with associated landscaping and parking. 3D MODEL AVAILABLE. AMENDED DESCRIPTION: Additional plans and documents received in support of submission and in response to representations received. AMENDED PLANS RECEIVED. FURTHER AMENDED DESCRIPTION: Refined red line application site. FURTHER AMENDED PLANS RECEIVED.

Decision:

A Public Inquiry was held into these two linked applications with arguments made in writing and at the hearing, in favour and against. The planning inspector’s initial report raised several procedural difficulties with the application P/2017/1023. To enable him to assess the planning merits, both positive and negative, and to decide the 2 applications, the previous Minister asked the applicant to address these matters, after which the application P/2017/1023 was re-advertised to allow for further public comments. The inspector was asked to then complete his assessment of the two applications.

The Inspector considered, on balance, that permission should be granted. He cited both benefits and disbenefits of the proposals and considered that the public interest planning gains were sufficient to overcome the concerns, and the normal presumption against development in the Green Zone.

The Minister does not agree with this view. The presumption against development in the Green Zone, in line with the Island Plan’s Spatial Strategy, is a fundamental cornerstone of the Island Plan, and only in exceptional circumstances should departures from this policy be allowed. Whilst policy EVE 1 allows for new tourism accommodation in the designated Built Up Area, and policy NE 7 allows in principle for the redevelopment of existing tourist accommodation, neither of these policies encourage the development of new tourist accommodation in the Green Zone. The Spatial Strategy seeks to direct development into the designated Built Up Area, not to the countryside, and policies ERE 7 and NE7 set a presumption against the redevelopment of agricultural glasshouses.

Whilst some environmental gains, and other benefits, would be achieved, the negative impacts of the scheme including what is described as its “essentially urban character”, would be substantial. The result is significant harm to the landscape character.

The Minister has weighed up the benefits and disbenefits of the schemes, and concluded that the scheme does not justify what would be a significant departure from Island Plan Policy, which would also set a precedent for the redevelopment of other glasshouse sites and an expectation that these can be replaced with major new development in the countryside.

The Minister also concludes that a convincing case has not been made to prove that the existing buildings cannot be reused either for another agricultural purpose or for another employment use, rather than redeveloped.

The dwelling proposed in application P/2017/0805, would replace the existing car park and an existing glasshouse. The original permission for the glasshouse does however require it to be removed should it fall into disuse or disrepair. In addition, the application is linked to application P/2017/1023, as it relies upon the creation of a new car park to compensate for the loss of that existing. In the absence of that, if application P/2017/0805 was approved and implemented, it would leave a shortfall of customer parking.

Reasons for Decision:

P/2017/1023

1. The proposed new development would be located within the Green Zone where there is a general presumption against all forms of development for whatever purpose including the redevelopment of glasshouses. Given the scale and nature of development proposed including the extent of proposed car parking required, it is considered that the development will result in serious harm to the character of the area. Neither the environmental enhancements proposed nor the tourism benefits submitted are considered adequate to overcome this serious harm to landscape character and it is not considered that there is sufficient justification to make an exception to the presumption against development in the Green Zone. The proposal therefore fails to satisfy Policies SP 1; SP 3; SP 4; SP 6; GD 1; GD 7; EVE 1; ERE 7 and NE 7 of the Adopted Island Plan 2011 (Revised 2014) and its approval would set a precedent for other developments of glasshouses which fail to satisfy these policies.

2. The provision of additional tourism accommodation development in this location which is situated outside the Built-up Area as defined on the Adopted 2011 Island Plan Zoning Map (Revised 2014), would be contrary to the aims of Policy SP 1 of the Plan which seeks to provide appropriate development in sustainable locations.

3. Inconclusive justification has been provided to demonstrate that the site is not suitable for re-use rather than re-development, either through the retention of the site in its current use, or for alternative employment uses. It is therefore considered that the scheme fails to satisfy the requirements of Policies GD 1(a) and ERE 7 of the Adopted Island Plan 2011 (Revised 2014).

4. Sufficient justification to warrant a substantial and significant departure from the Island Plan has not been demonstrated.

P/2017/0805

The proposed development would be located within the Green Zone where there is a general presumption against all forms of development for whatever purpose including the construction of new dwellings and the redevelopment of glasshouses. Given the scale and nature of development proposed, it is considered that the development will result in serious harm to the character of the area. It is not considered that the environmental enhancements proposed overcome this serious harm to landscape character and it is not considered that there is sufficient justification to make an exception to the presumption against development in the Green Zone. The proposal therefore fails to satisfy Policies SP 1; SP 3; SP 4; SP 6; GD 1; ERE 7 and NE 7 of the Adopted Island Plan 2011 (Revised 2014) and its approval would set a precedent for other developments of glasshouses which fail to satisfy these policies.

The development of a new dwelling on the existing Tamba Park car parking area off La Rue des Varvots, is an essential component of the proposed holiday village development under P/2017/1023, which seeks to create a new larger car parking area off La Rue de la Frontiere to serve the whole Tamba Park site. As a consequence of the refusal of planning permission for the holiday village, the erection of a new dwelling in isolation cannot be supported as this would result an unacceptable shortfall in car parking requirements, contrary to the requirements of Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014).

Resource Implications:

None

Action required:

Notify Agent, Applicant and all other interested parties

Signature:

Position:

Minister for the Environment

Date Signed:

Date of Decision (If different from Date Signed):