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La Ferme, La Grande Route des Sablons, Grouville: Planning Application considered by Minister

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 8 April 2011:

Decision Reference:  MD-PE-2011-0041

Decision Summary Title

Planning Applications Panel – decisions considered by Minister

Date of Decision Summary:

 8th April 2011.

Decision Summary Author:

 

Chief Officer Department of the Environment

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written & Oral

Person Giving

Oral Report:

Chief Officer Department of the Environment

Written Report

Title

P/2010/1205

Report to PAP

Date of Written Report:

13 February 2011

Written Report Author:

Planning Officer

Written Report :

Public or Exempt?

 

Public

Subject: 

 

  • P/2010/1205. La Ferme, La Grande Route des Sablons, Grouville. Construct extension to South elevation of existing barn. Convert existing barn into 9 No. Units of staff accommodation.
  •  

Decision(s): 

 

The Minister resolved to APPROVE the application, subject to the conditions set out in the Department Report dated 13 February 2011 and required that condition 6 is reworded to include specific reference to all design details needing to be agreed with the Principal Historic Environment Advisor and the Department Architect.

 

The wording of condition 6 has therefore been revised to:

 

6. Notwithstanding the indications on the approved plans, prior to the commencement of the development hereby permitted, all design details shall be submitted to and approved in writing by the Minister for Planning and Environment, having first been agreed with the Principal Historic Environment Advisor and the Department Architect. The details shall include the following external materials to be used to construct the development:
A. joinery details for all windows in horizontal and vertical section (scaled no smaller than half full size)
B. smoke vents;
C. any replacement roof slates;
D. rooflights;
E. all vents and flues;
F. roof materials, infill panels, piers and doors for the new single storey eastern wing.

 

Reason: To safeguard the visual amenities of the area, to ensure a high quality of design, and in the interests of the preservation of the historic environment, in accordance with Policies G3 and G13 of the Jersey Island Plan 2002.
 

Reason(s) for Decision:

 

The Minister for Planning and Environment became aware that Planning Applications Panel (PAP) may not have been fully constituted for consideration of the above application and resolved to reconsider the application. The Minister considered all the relevant information including the information presented to the Planning Applications Panel. 

Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other materials considerations, including the consultations and representations received.

 

Resource Implications:

There are no resource implications.

Action required:

Issue notifications of the decision as appropriate.

Signature:

 

Senator FE Cohen

Position:

 

Minister for Planning and Environment

Date Signed:

 

Date of Decision

 

 

 

 

 

 

La Ferme, La Grande Route des Sablons, Grouville: Planning Application considered by Minister

 

 

Planning and Environment Department

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/2010/1205

 

Site Address

La Ferme, La Grande Route des Sablons, Grouville, JE3 9FE.

 

 

Applicant

Mr C Le Masurier

 

 

Description

Construct extension to South elevation of existing barn. Convert existing barn into 9 No. units of staff accommodation.

 

 

Type

Planning

 

 

Date Validated

11/08/2010

 

 

Zones

Building Of Local Interest
Countryside Zone

 

 

Policies

G2 –General Development Considerations

H14 – Staff Accommodation

 

 

Reason for Referral

Level and degree of objection

 

Summary/

Conclusion

This application seeks to redevelop an agricultural barn for staff accommodation, following the approval in August 2010 of the new shellfish processing unit on the adjacent site for the Jersey Oyster Company Ltd.

 

There is one existing staff unit in the building, and nine further units are proposed (2-beds in each unit). A new eastern wing is proposed, following the removal of the existing portacabins.

 

The proposal has some obvious benefits, including that the subject property is within the Built-Up Area, it is co-located with the oyster business, the application would deliver long-overdue investment into the registered building to up-grade the ad hoc alterations of the past and the egg packing operation will be relocated into an existing neighbouring shed.

 

The key issues are considered to be the implications for the neighbours, particularly in relation to traffic movements and noise / disturbance – as is evidenced by the five letters of representation.

 

In relation to the traffic, the approved shellfish processing plant includes staff parking, and provides vehicular routing to minimise the intensification of use of the unsafe junction at La Rue de la Sente Maillard and La Grande Route de Sablons. T&TS Highways have endorsed use of the improved highways arrangements, and the Parish of Grouville have raised no objections.

 

When considering noise / disturbance, there is potential for additional activity from any proposed use. However, this matter will need to be considered in its context as being a project for the re-use of an existing building in the Built-Up Area, adjacent to several existing commercial agricultural operations and the committed shellfish processing unit. Additionally, in a balanced assessment, although there are a high number of potential occupants, the property is relatively remote from neighbours outside the farm holding.

 

Having considered the policy framework, the consultation responses and the representations, this application is considered acceptable and is recommended for APPROVAL.

 

(Worthwhile, when there is a conflicting balance of considerations, to play devil`s advocate, then give reasons for reaching recommendation.)

Officer

Recommendation

APPROVE

 

Site Description

The subject property is a two-storey agricultural barn presently used for egg packing, situated immediately to the south of La Rocque Methodist Chapel. The building is L-shaped, with one wing having a gable abutting La Grande Route des Sablons, and the other wing backing onto an agricultural yard area used by Happy Hens and Jersey Oyster Company Ltd.

 

 

Relevant Planning History

Permission was granted on a temporary basis for 2 x staff units under P/2004/0199. These were specifically for staff for the Happy Hens operation, being portacabins part-inserted into openings in the barn. The permission has lapsed and the portacabins remain in situ today.

 

There is also a more recent permission under P/2010/0612 for the erection of a shellfish processing unit on land to the west of the current application site, which was approved by the Panel in August 2010.

 

 

Existing use of Land/Buildings

Egg packing facility, with one existing staff unit (2-bed).

 

 

Proposed use of Land/Buildings

Nine new units of staff accommodation, of 2-beds each.

 

 

Consultations

T&TS (Highways) in their response of 9th September 2010 confirm that highways works approved for the shellfish processing unit will result in 2 safe access points to a main road, and as such they do not object to the additional movements from this application, provided vehicles are deterred from the unsafe access points, and directed to the safe junctions.

 

Parish of Grouville in their letter dated 13th September 2010 confirm they have no objections to the current proposals but are concerned there could be a lack of car parking if the units were ever split up and sold.

 

T&TS (Drainage) in their response of 15th October 2010 confirm a connection to the foul sewer with capacity for the proposal.

 

 

LC &ADS in their letter dated 14th September 2010 confirm the application is fully supported to allow the staffing requirements of the modernising and expanding business to be met.

 

Natural Environment in the response of 20 September 2010 confirm they have identified no significant environmental issues.

 

Historic Environment in their response of 11th October 2010 raise no objection and request that numerous matters of design detail are dealt with as conditions if any approval is forthcoming.

 

All consultations are attached with the background papers

 

 

Summary of Representations

There have been FIVE letters of representation, all objecting to the application. The letters are enclosed with the Panel papers, and the concerns can be summarised as:

 

  • Incremental and piecemeal development of the site, following the approval of the shellfish processing unit, which did not include a holistic solution for the business needs, as staff accommodation had been removed;
  • Erosion of the character of the area, from agricultural and residential, to commercial and industrial, with associated noise and disturbance;
  • Increased traffic flows on the surrounding highways network;
  • Detrimental changes to the character of the barn, from the changes necessary to facilitate the conversion;
  • Loss of privacy;
  • The need for staff accommodation could be met by renting or converting other under-utilised buildings in the neighbourhood;
  • Normal planning guidelines should be applied to farm workers accommodation;
  • The Happy Hens egg packing operation will be displaced.

 

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

 

 

Planning Issues

Policy Considerations

The subject site is within the Built-Up Area as defined in the Jersey Island Plan 2002 and as such there is no presumption against the development, with Policy H14 providing the key guidance on applications for Staff Accommodation. H14 sets out that the initial requirement is that there has to be a proven need, and that within the Built-Up Area the accommodation should be capable of future conversion to other types of home.

 

The general policies of the Island Plan should also be met and these deal with such issues as impact on character and amenity, and highways matters.

 

Land Use Implications

This application would displace the egg packing operation, which the applicant proposes to relocate into the existing packing shed on the site (in itself, this does not require planning permission).

 

The staff for the Jersey Oyster Company Ltd are currently based in leased accommodation in St Martin, and with the approval of the shellfish processing unit, this application would deliver 9 staff units from the conversation of the building, and the erection of a single storey eastern wing.

 

Each unit is capable of accommodating 2 people, therefore the capacity (including the existing unit) would be 20 people. The Standards for agricultural worker accommodation are controlled by the Population Office in relation to the Lodging House Laws

 

Whilst the area is generally residential, there are other agricultural / commercial operations, and this proposal would be compatible with the land use pattern, albeit with a higher occupancy density than other residential uses.

 

Size, Scale & Siting (Design Statement submitted?)

The subject building is evidently in need of attention, and this application is a comprehensive proposal to remove the unsympathetic interventions and restore the building.

 

In terms of alterations, the proposal does involve making several new openings (particularly rooflights) unifying the ad-hoc alterations to the fenestration, and most significantly it proposes a single-storey eastern wing on the footprint of a previous structure.

 

Design & Use of Materials

The design is sympathetic to the character of the building – the eastern wing is based on a ‘cart shed’ concept, in appropriate materials. Other works (such as replacement windows) go a long way to remediation of previous unsympathetic interventions.

 

Impact on Neighbours

The direct impacts on neighbours are limited as the majority of the buildings in the vicinity are in the ownership of the applicant and part of the farm holding. The issues of overlooking are removed as the base of the new rooflights will be about 1.8m above floor level.

 

As identified by the letters of representation, the majority of the impacts are likely to be indirect (for example) as a result of increased traffic movements, and the associated ‘lifestyles’ of the proposed additional residents.

 

Access, Car parking and Highway Considerations

There is an existing access to the west of La Rocque Methodist Church, forming a junction with La Rue de la Sente Maillard. This road is in the jurisdiction of the Parish of Grouville, who have raised no objections.

 

T&TS are responsible for La Grande Route de Sablons and have expressed concern about increasing traffic movements on the junction with La Rue de la Sente Maillard. However, they are content with the proposals as long as vehicles are deterred from the unsafe access points, and directed to the safe junctions which have been provided as part of the approved scheme for the shellfish processing unit.

 

A total of 24 vehicle car parking spaces are provided within the curtilage of La Ferme and at the approved shellfish processing unit.

 

Foul Sewage Disposal

To mains

 

Landscaping issues

No landscape works are proposed.

 

Other Material Considerations

The applicant has submitted a Percentage for Art Statement setting out that the contribution will be invested into the art installation proposed for the shellfish processing unit.

 

 

Officer

Recommendation

This application seeks to facilitate the relocation of the necessary staff accommodation for the Jersey Oyster Company Ltd, following the approval in August 2010 of the new shellfish processing unit on the adjacent site.

 

The proposal has some obvious benefits, including that the subject property is within the Built-Up Area, it is co-located with the oyster business, the application would deliver long-overdue investment into the registered building and unify the ad hoc alterations of the past, and the egg packing operation will be relocated into an existing neighbouring shed.

 

The key issues are therefore considered to be the implications for the neighbours, particularly in relation to traffic movements and noise / disturbance.

 

In relation to the traffic, the approved shellfish processing plant includes staff parking, and provides vehicular routing to minimise the intensification of use of the unsafe junction at La Rue de la Sente Maillard and La Grande Route de Sablons. T&TS Highways have endorsed use of the improved highways arrangements, and the Parish of Grouville have raised no objections.

 

When considering noise / disturbance, there is clearly the potential for additional activity from the proposed use and this may disturb some existing residents, however, this matter will need to be considered in its context as being a project for the re-use of an existing building in the Built-Up Area, adjacent to several existing (and committed) commercial agricultural operations. Additionally, in a balanced assessment, although there are a high number of potential occupants, the property is relatively remote from residential neighbours outside the farm holding and that this is not a ‘non-conforming’ use.

 

Having considered the policy framework, the consultation responses and the representations, this application is considered acceptable and is recommended for APPROVAL.

 

 

Conditions/

Reasons

1. The occupation of the units hereby approved shall be limited to a person solely or mainly employed in agriculture by Happy Hens Ltd or Jersey Oyster Company Ltd.
This development has been approved to meet an essential agricultural need and it is necessary to restrict occupancy to ensure that the new units remains available to meet the need in the future, and as the proposal fails to accord with the Standards in PPN3 and PPN6 for new residential development, and as required to comply with Policy H14 of the Jersey Island Plan 2002.

2. Prior to the commencement of development a site plan showing the allocation of car parking spaces for the staff units, and the method of delineation on site, shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implemented prior to first occupation and retained in perpetuity solely for occupants of the relevant units.
For the avoidance of doubt and to ensure adequate car parking in accordance with Policy G2 of the Jersey Island Plan 2002.

3. Prior to the commencement of the development hereby permitted, a vehicle routing agreement covering the movement of construction traffic and staff vehicles to and from the site, shall be submitted to and approved in writing by the Minister for Planning and Environment, implemented and thereafter maintained.
In the interests of highway safety in accordance with the requirements of Policies G2 and G3 of the Jersey Island Plan 2002.

4. A work of art shall be delivered in accordance with the advice of the appointed Approved Art Advisor and the Percentage for Art Statement dated 14 February 2010 which has been submitted to and approved by the Minister for Planning and Environment. The work of art must be installed prior to the first use/occupation of the development hereby approved unless otherwise agreed in writing. So as to accord with the provisions of Island Plan policy BE12.

5. The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Minister for Planning and Environment, a scheme of hard landscape works for the courtyard / yard areas, which shall be implemented prior to first occupation.
To ensure a high quality of design, in accordance with Policy G3 of the Jersey Island Plan 2002.

6. Notwithstanding  the indications on the approved plans, prior to the commencement of the development hereby permitted, full details of all external materials to be used to construct the development shall be submitted to and approved by the Minister for Planning and Environment. The details shall include:
A. joinery details for all windows in horizontal and vertical section (scaled no smaller than half full size)
B. smoke vents;
C. any replacement roof slates;
D. rooflights;
E. all vents and flues;
F. roof materials, infill panels, piers and doors for the new single storey eastern wing.
To safeguard the visual amenities of the area, to ensure a high quality of design, and in the interests of the preservation of the historic environment, in accordance with Policies G3 and G13 of the Jersey Island Plan 2002.

7. Prior to the commencement of development a method statement for the retention and protection of the roadside wall during construction shall be submitted to and approved in writing by the Minister for Planning and Environment.
In the interests of the preservation of the historic environment, in accordance with Policy G13 of the Jersey Island Plan 2002.

8. If hidden historic features are revealed during the course of the works they should be retained in-situ, until examined by an Historic Buildings Officer.  Works shall be suspended in the relevant area of the building, and the Historic Buildings Officer notified immediately with a view to agreeing the appropriate action. Failure to do so may result in unauthorised works being carried out and an offence being committed.
To ensure that special regard is paid to the interest of the protecting the architectural and historical interest, character and integrity of the building under the provisions of Policy G11 of the Jersey Island Plan 2002.

 

 

 

Background Papers

1:2500 Location Plan

 

Consultation responses

Letters of representation

 

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

 

Endorsed by:

 

Date:

13 February 2011

 


 

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