Mandorey Villa, La Grande Route de St Jean, St John.- Maintain refusal.

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A decision made (17.06.08) to maintain refusal of planning permission for Mandorey Villa, la Grande Route de St Jean, St John.

Decision Reference: MD-PE-2008 -0128			Application Number: P/2007/2719 (If applicable)
Decision Summary Title :	Mandorey Villa, La Grande Route de St Jean, , St. John,		Date of Decision Summary:		10/06/08
Decision Summary Author:	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:		N/A
Written Report Title :	Request for reconsideration of refusal of planning permission.		Date of Written Report:		18/01/08
Written Report Author:	Alistair Coates		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Mandorey Villa, La Grande Route de St Jean, St. John Change of use to domestic curtilage. REQUEST FOR RECONSIDERATION of refusal of planning permission.
Decision(s): At public meeting held on 18 January 2008 the Minister resolved to defer making a decision until after he had visited the site. The site visit took place on 11th February 2008 and subsequently, the Minister decided to MAINTAIN REFUSAL.
Reason(s) for Decision: The proposed curtilage extension would, by virtue of its significant encroachment into an area of open, undeveloped land, be detrimental to the rural character and scenic quality of this area, contrary to Policies C6 and G2 of the Jersey Island Plan, 2002.
Resource Implications: None
Action required: Issue Decision Notice to Applicant and advice all interested parties
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision 9th April 2008

Mandorey Villa, La Grande Route de St Jean, St John.- Maintain refusal.

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

Planning and Environment Department

Report

Application Number

P/2007/2719

Site Address	Mandorey Villa, La Grande Route de St Jean, St. John.

Applicant	Mr D Manning

Description	Change of use to domestic curtilage.

Type	Planning

Date Validated	19/11/2007

Zones	Countryside Zone Water Pollution Safeguard Area

Policies	G2 –General Development Considerations C6 – Countryside Zone C13 – Safeguarding Farmland C15 – Diversification of agriculture

Reason for Referral	Panel Call-in

Summary/

Conclusion

There does not appear to be any functional need to release this area of land for domestic purposes and, accordingly, the proposal fails to satisfy the criteria of Policies C6 and G2 which are aimed at preserving and enhancing the character and appearance of the Island’s countryside.

Officer

Recommendation

Refusal

Site Description	This 0.26 hectare / 1.5 vergee (approx) field is roughly square in shape and abuts the eastern boundary of the applicant’s rear garden. In recent years the land has been used for the storage of telegraph poles. It is not known when the land was last used for genuine agricultural purposes.

Relevant Planning History	Permission was refused in March 2007 for the erection of a 111sq.m storage shed and workshop (domestic) in this field (P/2006/2777). The refusal was based on the size and siting of the shed failing to satisfy the criteria of Policy C6 (Countryside Zone).

Existing use of Land/Buildings	Open field

Proposed use of Land/Buildings	Change of use to create extension to domestic curtilage.

Consultations	LC &ADS in their letter dated 07/12/2007 state that the parcel of land “…is not considered to be economically viable for commercial agriculture.” No objections are raised. All consultations are attached with the background papers

Summary of Representations	One letter had been received at the time of writing, referring to the previous refusal for the shed. The representor wishes to lodge a ‘strong’ objection if this current proposal is aimed at paving the way for obtaining approval for the shed. All letters of representation and responses are attached with the background papers

Planning Issues	Policy Considerations G2 - Must be applied in all cases as it relates to general development considerations. C6 – Presumes against all forms of new development for whatever purpose. The policy concedes that certain types of development may be permitted where the scale, location and design would not detract from, or unreasonably harm the character and scenic quality of the countryside. ‘Suitable proposals’ for diversification in agriculture may be permitted under C6, where in compliance with Policy C15. C15 – Offers support for diversification in agriculture, but only where (inter alia) the development would be complementary to the agricultural operations on the holding and where it does not conflict with countryside safeguarding policies of the Plan. C13 - Presumes against the permanent loss of agricultural land. Land Use Implications – Use of this field as domestic curtilage is not considered to be acceptable, owing to the effective loss of open, undeveloped land and to the further domestication of part of the Island’s countryside. Given the comments of LC & ADS, the loss of agricultural land is not considered to be of significance in this instance. Size, Scale & Siting - The size of the proposed curtilage extension (0.26 hectares) is considered to be significant in terms of likely impact due to the loss of countryside. Impact on Neighbours – No impact is envisaged. Landscaping issues – No landscaping scheme has been submitted with the application.

Officer Recommendation	Refuse

Reasons	1. The proposed curtilage extension would, by virtue of its significant encroachment into an area of open, undeveloped land, be detrimental to the rural character and scenic quality of this area, contrary to Policies C6 and G2 of the Jersey Island Plan, 2002.

Background Papers	1:2500 Location Plan Consultation response from Land Controls & Agriculture Letter of representation

Endorsed by:

Date: