Field 585, L'Abri Farm, La Grande Route de Faldouet / La Rue de Guilleaume et d'Anneville, St. Martin: Planning Application (P/2016/1675): Appeal Decision

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A decision made 29 August 2017:

Decision Reference: MD- PE- 2017 – 0090
Decision Summary Title:	Appeal Decision – Field 585, L’Abri Farm, La Grande Route de Faldouet / La Rue de Guilleaume et d’Anneville, St Martin. (P/2016/1675)		Date of Decision Summary:	17 August 2017
Decision Summary Author:	Principal Planner (Policy)		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title:	Report to Minister-Field 585		Date of Written Report:	17 August 2017
Written Report Author:	D A Hainsworth LL.B(Hons), FRSA, Solicitor		Written Report : Public or Exempt?	Public
Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a refusal to grant planning permission at Field 585, L’Abri Farm, La Grande Route de Faldouet / La Rue de Guilleaume et d’Anneville, St Martin. (P/2016/1675)
Decision: The Assistant Minister for the Environment allowed the appeal and hereby grants permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; “ The change of use of part of Field No. 585 to a boat storage yard, with access through L’Abri Farm from La Grande Route de Faldouet. Associated fencing, landscaping and works.” This permission is granted subject to compliance with the following conditions: 1. The development shall commence within three years of the decision date. Reason: In accordance with the SPG Practice Note: Time limited planning permissions (April 2017) and to ensure that the development to which this permission relates be reconsidered in light of any material change in circumstance. 2. Except as otherwise required in accordance with these conditions, the development shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission. Reason: To ensure that the development is carried out and completed in accordance with the details approved. 3. Notwithstanding the details shown on Drawing Number 587/10/SK26 Revision C Outline Site Plan, prior to the commencement of the development, a scheme of landscaping shall be submitted to and approved in writing by the Department of the Environment. The scheme of landscaping shall provide details of the following: a) all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain; b) the position of all new trees and/or shrubs (this must include the species of plant(s)/tree(s) to be planted, their size, number and spacing and the means to be used to support and protect them); c) other landscape treatments to be carried out, including any excavation works, surfacing treatments and the means of enclosure; d) the measures to be taken to protect existing trees and shrubs; and e) a landscape management plan for the maintenance of the landscaped areas. Once agreed in writing, the approved scheme shall be implemented in full prior to the first use of the field for boat storage as hereby approved and shall thereafter be retained and maintained as such. Reason: To safeguard the character and appearance of the area in accordance with Policies GD1, NE1, NE2, NE4 and NE7 of the Adopted Island Plan 2011 (Revised 2014). 4. No works of repair or maintenance (including washing and cleaning) shall be carried out within the boat storage yard to boats (including engines and motors) or to trailers. Reason: To protect residential amenities in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). . 5. Boats or trailers shall not be moved in to or out of or within the boat storage yard except between the hours of 0800 and 1800 on any day. Reason: To protect residential amenities in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). 6. No sound-amplifying equipment shall be operated in the boat storage yard so as to be audible beyond the boundaries of the boat storage yard. Reason: To protect residential amenities in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). 7. No security apparatus involving the use of audible alarms shall be installed to serve the boat storage yard. Reason: To protect residential amenities in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). 8. No external lighting shall be installed to serve the boat storage yard except in accordance with details (including the hours of operation of the lighting) that have been submitted to and approved in writing by the Department of the Environment. The lighting shall thereafter be operated as approved. Reason: To protect residential amenities in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). 9. Nothing shall be parked or stored in the boat storage yard at any time that exceeds 3.5m in height (excluding any aerials) measured from the ground levels existing at the date of this permission. Reason: To safeguard the appearance of the area in accordance with Policies GD1 and NE7 of the Adopted Island Plan 2011 (Revised 2014). 10. The number of boats stored in the boat storage yard shall not exceed 80 at any time. Reason: To protect the amenity of the area and to limit traffic movements in accordance with Policies GD1 and NE7 of the Adopted Island Plan 2011 (Revised 2014). . 11. Prior to the commencement of the development, a plan showing an area between the boat storage yard and La Grande Route de Faldouet to be used as a holding area for trailers waiting to enter the boat storage yard or to move on to the highway shall be submitted to and approved in writing by the Department of the Environment. The holding area shall be provided in accordance with the approved details before the boat storage yard is first used and shall thereafter be permanently retained as such in accordance with the approved details. Reason: In the interests of highway safety, in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). 12. No trailer exceeding 10m in length shall be allowed in to the boat storage yard at any time. Reason: In the interests of highway safety, in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). 13. The means of vehicular access to the boat storage yard shall be from La Grande Route de Faldouet only and shall be in the position shown on Drawing Number 587/10/SK27 Revision A. Reason: In the interests of highway safety, in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). 14. No development shall take place until details of the hard surfacing of the means of vehicular access for the first 5m back from its junction with La Grande Route de Faldouet have been submitted to and approved in writing by the Department of the Environment. The surfacing works shall be completed in accordance with the approved details before the boat storage yard is first used and shall be retained as approved thereafter. Reason: In the interests of highway safety, in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). 15. The improvement works shown on the approved plan Drawing Number 587/10/SK27 Revision A Part Site Plan – Entrance shall be carried out before the boat storage yard is first used and shall be retained as approved thereafter. Reason: In the interests of highway safety, in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). 16. Nothing that may cause an obstruction to visibility shall be placed or permitted to grow within the visibility splays shown on Drawing Number 587/10/SK27 Revision A Part Site Plan – Entrance. Reason: In the interests of highway safety, in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). 17. No development shall take place until details of the foul and surface water drainage works to serve the boat storage yard have been submitted to and approved in writing by the Department of the Environment. The works shall be completed in accordance with the approved details before the boat storage yard is first used and shall be retained as approved thereafter. Reason: To ensure that the site is adequately drained in accordance with Policies LWM2 and LWM3 of the Adopted Island Plan 2011 (Revised 2014). 18. No later than 6 months after the date when the boat storage yard ceases to be used as such, all materials and equipment brought on to the land in connection with its use as a boat storage yard (excluding drainage facilities) shall be removed from the land and the land shall be restored to a condition capable of agricultural use (but no more so than its condition at the date of this permission), or to some other condition agreed with the Department of the Environment, in accordance with details that have been submitted to and approved in writing by the Department of the Environment. Reason: To ensure that the site is restored in an orderly manner to a condition capable of beneficial use. INFORMATIVE: It is the responsibility of the site owner / operator to ensure that all regulations in respect of the notification and treatment of fuel / oil / chemical spillages and of any waste disposal arising from the use hereby approved, be adhered to.
Reason for Decision: The Assistant Minister for the Environment agrees with the recommendation of the Inspector as detailed within his report.
Resource Implications:- None
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy A Pryke		Position: Assistant Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):