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Fields 389 and 418, Le Mont des Charrieres, St. Peter - approval with conditions

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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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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A decision made (20.08.08) to approve planning permission with conditions for Fields 389 and 418, Le Mont des Charrieres, St. Peter.

Decision Reference:   MD-PE-2008 -0147

Application Number:  P/2007/1056

(If applicable)

Decision Summary Title :

Field 389 & 418, Le Mont des Charrieres, St. Peter

Date of Decision Summary:

27/06/2008

Decision Summary Author:

 

Lawrence Davies

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written and Oral

Person Giving

Oral Report:

Lawrence Davies

Written Report

Title :

Field 389 & 418, Le Mont des Charrieres, St. Peter

Date of Written Report:

01/04/2008

Written Report Author:

Lawrence Davies

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Field 389 & 418, Le Mont des Charrieres, St. Peter

 

Construct horse stable in field 389. Erect post and rail fencing around fields 389 and part of 418. REQUEST FOR RECONSIDERATION of refusal of planning permission.

 

Decision(s):

This application was discussed at a public Meeting on the 20th May 2008 where the Minister deferred making a decision until further information was sought.  Upon receipt of the requested information the Minister decided to approve the application subject to the following conditions and reasons;

 

Condition(s):

 

  1. For the avoidance of doubt, the horse stable facility hereby approved shall only be used by the applicants for their own personal use.

 

  1. During the the course of the day to day operation of the stable development hereby approved, there will not be any vehicles movements to and from the site for any purpose other than veterinary emergencies. For the avoidance of doubt, parking is not permitted on the field, whilst animals must be loaded in and out of vehicles offsite and walked to and from the site.

 

  1. The post and rail fence shall enclose the flat area of land to the north of the site only (as shown on drawing P/2007/1056 B, as amended by the Planning Officer).

 

Reason(s):

  1. Permission has been granted on the basis that the horse stable facility will be for personal use only. A more intensive use by others and/or on a commercial basis, would increase the level of activity on site to the possible detriment of the character and appearance of the area and the amenities of neighbouring uses in the vicinity.
  2. The access to the field runs along a narrow track passing directly in front of neighbouring residences. Furthermore, the point at which the access meets Le Mont des Charrieres is a difficult junction to use safely. This condition is added, therefore, in the interest of both highways safety and the residential amenity of the neighbouring property.
  3. On account of its slope, the area of land to the south of this area is considered unsuitable for the grazing of horses.

Reason(s) for Decision:

The Minister was satisfied with the proposed siting, per se, of a stable block in the north-west corner of the field, believing this to be a modest structure which was in-keeping with the rural Green Zone location. It was noted that, under agricultural licensing conditions, the field was already approved for the grazing of horses.

 

The Minister was, however, very concerned with the only access to the field which requires vehicles to pass along a narrow track (just a single car’s width) directly in front of a neighbouring residence (whose occupants had expressed concerns at the time of the application). In addition, at the junction of this track with Le Mont des Charrieres, because of the awkward angle, vehicles exiting the site are required to go against the one-way flow of traffic for a short stretch of the road. It was, however, noted that Le Mont des Charrieres is a quiet country lane and the Parish Roads Committee had agreed that, in the circumstances, this was acceptable. This aside, it was also noted that the applicants currently enjoyed a legal right to access the field “at all times and for all purposes” under the provisions of their legal Land Contract.

 

Notwithstanding this, the Minister decided to approve the application for the stable block, but only on condition that the applicants do not access the development by vehicle, other than in the case of veterinary emergencies. By implementing the development, the applicants would effectively be forgoing their rights of access – in effect, a form of planning gain.

 

In addition, the Minister requested that the proposed new post and rail fence should enclose only the flat top area of the field, and should not enclose the sloping part of the field to the south. This was considered to be the interest of horse safety and, in fact, had previously been agreed by the applicant.

 

Resource Implications:

None

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

PLeg / PT Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

16/06/2008

 

 

 

 

 

 

 

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