Edgefield Shed & Greenacre, La Route de Vinchelez, St Ouen: RC/2011/0846: Removal of Planning Condition relating to Agricultural Occupancy

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A decision made 23 January 2012:

Decision Reference: MD-PE-2012-0003			Application Number: RC/2011/0846 (If applicable)
Decision Summary Title :	Edgefield Shed & Greenacre, La Route de Vinchelez, St. Ouen		Date of Decision Summary:		17 January 2012
Decision Summary Author:	Planning Appeals Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Department of the Environment Report		Date of Written Report:		17 January 2012
Written Report Author:	Planning Appeals Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Edgefield Shed & Greenacre, La Route de Vinchelez, St. Ouen. Removal of condition 1 (agricultural occupancy) from permit P/2008/1989. RE-ADVERTISED: Change of description.
Decision(s): To approve the removal of Condition 1 (agricultural occupancy) from permit P/2008/1989 The decision to approve has been delegated by the Minister to Planning Officers to determine following a Department Meeting on 23 January 2012.
Reason(s) for Decision: As outlined in the Department of the Environment Report, the proposed development is considered to be acceptable having due regard to all of the material considerations raised. In particular, the development has been assessed against Policy NE7 and GD1 of the 2011 Island Plan, in which there is a general presumption against development in the Green Zone. In this instance, although the proposed southernmost dwelling is unrelated to agricultural use, the Minister considers that there is sufficient justification to grant permission as an exception to Policy NE7 taking into account all the material considerations and circumstances of the case, to include: (i) the particular site context/location, to include the siting of the proposed dwelling in relation to existing development and the fact that this is a brownfield site; (ii) the fact that two dwellings on this site have already been approved under Permit P/2008/1989 and that in Island Plan policy and visual terms it follows that there is limited difference between allowing one open market dwelling and two open market dwellings; and (iii) on the basis of the pre-application discussions with the Department which were instrumental in the applicants decision to purchase the land and proceed with the P/2008/1989 application and subsequently this application. In addition, the representations raised to the scheme on the grounds that this is a development speculation and that a house is not needed in this location have been assessed. However, it is considered that due to the aforementioned reasons that the development is acceptable as an exception to policy and that the removal of Condition 1 will not impact on the character of the surrounding area and Green Zone.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature: Deputy R C Duhamel		PLeg / AS Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

Edgefield Shed & Greenacre, La Route de Vinchelez, St Ouen: RC/2011/0846: Removal of Planning Condition relating to Agricultural Occupancy

Department of the Environment

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Department of the Environment

Report

1.Application Number

RC/2011/0846

2.Site Address	Edgefield Shed & Greenacre, La Route de Vinchelez, St. Ouen.

3.Applicant	Mr T Binet Jersey Royal Company Limited

4.Description	Removal of condition 1 (agricultural occupancy) from permit P/2008/1989. RE-ADVERTISED: Change of description.

5.Type	Remove/Vary Condition Application

6.Date Validated	20/06/2011

7. Zones & Constraints	Green Zone
Department Recommendation	Approve

8.Site Description & Existing Use

Site occupied by variety of agricultural sheds and one house. Located to the west of La Route de Vinchelez in St Ouen.

Permission exists for a new shed and 2 houses as approved by P/2008/1989 for 1 open market house and 1 house tied to agriculture workers.

9.Proposed Development

To remove condition 1 from permit p/2008/1989. This condition was for the southern most house (out of the 2 approved) to be tied to agricultural workers.

10.Relevant Planning History

P/2008/1989 – demolish existing shed. Construct new shed and 2 no 3 bed houses.

11.Consultations

Agriculture: No comments received

12.Representations

1 letter of objection received stating this application is an abuse of

the system that was meant to be helpful to agriculture. Why is this house needed next to the shed. There is no livestock.

13.Planning

Assessment

a)Policy Considerations

Policy NE7- Green Zone states that there is a general presumption against development, although certain types of development may be acceptable subject to a judgement on its impact on the character of the area. Amongst the types of development that may be acceptable are agricultural workers dwellings.

Proposals for new dwellings will only be permitted in the green zone where it is demonstrated that there are no other suitable alternative sites available and where possible new buildings should be located next to existing ones.

It is considered in this application that the proposal is not in accordance with Policy NE7 as it is not for agricultural workers dwellings.

GD1- general considerations

Policy ERE3 on Enabling or linked development states that there are 6 criteria that need to be complied with for consent to be granted under this policy.

The Applicant has made representations to make the point that he feels there are strong enough grounds to approve this application without using Policy ERE3 on Enabling Development. It is on this basis and without full information having been submitted by the Applicant to enable the Department to assess whether the application meets Policy ERE3, that this application has been determined.

The applicant has submitted extensive evidence of why an open market house is required to fund the development of the approved adjacent shed. The applicant states that without the 2 open market houses, the shed can not be commenced and that the site was purchased at an inflated price in the first place due to the pre-application discussions given by the Minister at the time and the Director of Planning. The application site is intended to be the western base for Jersey Royals and it is important for the Islands agricultural economy that this proposal is approved.

In addition, in policy terms, one house has already been approved for open market housing. In appearance/ impact on the character of the area terms the proposal will be visually no different from the previously approved dwellings and is surrounded on 3 sides by housing, with the agricultural sheds to the west of the house.

Considering all of the above very particular circumstances to this application, it is felt that there exist strong planning considerations to approve this application as an exception to Island Plan Policy.

b)Size, scale

Form and Siting

The house has already approved through permit P/2008/1989, the removal of the condition will have no impact on the Green Zone.

c)Architectural Design and Use of Materials

Design unaltered from approved.

d) Impact In the

Landscape/Street

No different from approved.

e) Impact on

Neighbours

No different from approved.

f) Access, Car

Parking & Highways

Considerations

Same as approved

g) Foul Sewage &

Surface Water

Disposal

acceptable

h) Landscaping

As approval

i) Archaeology

n/a

j)Waste Management

As approved

k)Planning Obligations

& Percent for Art

As approved

l)Contaminated Land

As approved

m) Sustainability

As approved

n) Other Matters

none

14. Conclusion

15.Department Recommendation

Approve

16. Conditions Remove condition 1

17. Reason for

Approval

The proposed development is considered to be acceptable having due regard to all of the material considerations raised. In particular, the development has been assessed against Policy NE7 and GD1 of the 2011 Island Plan, in which there is a general presumption against development in the Green Zone. In this instance, although the proposed southernmost dwelling is unrelated to agricultural use, the Minister considers that there is sufficient justification to grant permission as an exception to Policy NE7 taking into account all the material considerations and circumstances of the case, to include:

(i) the particular site context/location, to include the siting of the proposed dwelling in relation to existing development and the fact that this is a brownfield site;

(ii) the fact that two dwellings on this site have already been approved under Permit P/2008/1989 and that in Island Plan policy and visual terms it follows that there is limited difference between allowing one open market dwelling and two open market dwellings; and

(iii) on the basis of the pre-application discussions with the Department which were instrumental in the applicants decision to purchase the land and proceed with the P/2008/1989 application and subsequently this application.

In addition, the representations raised to the scheme on the grounds that this is a development speculation and that a house is not needed in this location have been assessed. However, it is considered that due to the aforementioned reasons that the development is acceptable as an exception to policy and that the removal of Condition 1 will not impact on the character of the surrounding area and Green Zone.

18. Background

Papers 1:2500 Location Plan

1 letter of objection

Agricultural justification report from applicant

Endorsed by:

Date: