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Edgefield - formerly known as, La Route de Vinchelez, St. Ouen - Determination of planning application

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.

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A decision made 19 November 2010 regarding: Edgefield - formerly known as, La Route de Vinchelez, St. Ouen - Determination of planning application.

Decision Reference:    MD-PE-201007-0126

Decision Summary Title:

Planning Application P/2008/1989 Request for reconsideration of refusal of Planning Permission

Date of Decision Summary:

16 November 2010  21/02/08

Decision Summary Author:

Director of Planning Jonathan Gladwin

Decision Summary:

Public or Exempt?

 PublicPublic

Type of Report:

Oral or Written?

 Written and OralOral

Person Giving

Oral Report:

Director of Planning and Principal Planner (Appeals) Jonathan Gladwin

Written Report

Title:

 Request for reconsideration of refusal of Planning Permission

Date of Written Report:

 20/12/07

Written Report Author:

 Jonathan Gladwin

Written Report :

Public or Exempt?

 

 Public

Subject:  Property formerly known as Edgefield, La Route de Vinchelez, St Ouen.  Application to demolish existing shed. Construct new agricultural shed and 2 No. 3 bed houses.

3 Ventnor Villas, La Route de St Aubin, St Helier, JE2 3SD

Replace dormer window with door, create balcony. REQUEST FOR RECONSIDERATION of refusal of planning permission

 

Decision(s): The Minister, having reconsidered the application and all the material factors, following the submission of an appeal to the Royal Court, decided to grant permission subject to the following conditions:

 

  1. The occupation of the southern most dwelling marked unit 2 on the approved site plan shall be limited to a person solely or mainly employed, or last employed in agriculture, or a dependent of such a person residing with him or her or a widow or widower of such a person.
  2. The agricultural shed hereby permitted shall be used solely for agricultural purposes and for no other purpose.
  3. Prior to the commencement of the development, amended plans showing raised gable ends and a change of external materials to a mix of render and timber to the shed hereby approved shall be submitted to and approved by the Minister for Planning and Environment. The shed shall then be constructed in compliance with these amended details.
  4. Prior to the first use of the development hereby permitted visibility lines must be provided in accordance with the approved drawing 'site plan P8A'. Everything within the visibility sight lines, including gates, walls, railings and plant growth is to be permanently restricted in height to 900mm above road level.
  5. The agricultural shed hereby approved shall not be occupied until all road and access improvements and a scheme for the circulation of vehicle traffic (for both residential and agricultural vehicles) through the site have been submitted to and approved  by the Minister for Planning and Environment.
  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
  7. 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 landscaping which shall provide details of the following;

i)                    all existing trees and hedgerows  which it is proposed to retain on the site and on adjoining land within the same ownership;

ii)                  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;

iii)                other landscape treatments to be carried out or features to be created, for example, any excavation works, surfacing treatments, or means of enclosure;

iv)                the measures to be taken to protect existing trees and shrubs.

(As required by Condition 7 above, the landscape scheme which shall be submitted to and approved by the Minister for Planning and Environment, shall include a dense hedge along the entirety of the north-western boundary between the site and the adjacent field 278, as well as a suitable landscape strip so as to strongly delineate between the porposed two houses and the agricultural shed.)

  1. The services of Morris Architects shall be used for the subsequent detailed design and supervision/construction stages of the proposed development.  The development shall also be completed to the satisfaction of this architect, and a written endorsement to this effect by the architect shall be submitted to and cleared by the Minister prior to the development being signed off as complete.

 

  1. The services of a project landscape architect shall be appointed for the development to be agreed by the Minister for Planning and Environment and this landscape architect shall then be retained throughout the subsequent design and supervision/construction stages of the proposed development.  The development shall also be completed to the satisfaction of this landscape architect as well as the Minister for Planning and Environment and a written endorsement to this effect by the landscape architect shall be submitted to and cleared by the Minister prior to the development being signed off as complete.

 

  1. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2008,or any amendment to or replacement of that order, no works involving the erection of a building, extension, structure, gate, wall, fence or other means of enclosure, or the introduction of any hardstanding to any ground surface, other than those shown on the drawings approved with this permission, is permitted without the prior approval of the Minister for Planning and Environment.

 

  1. Notwithstanding any indications on the approved plans, all new windows on the approved dwellings shall be constructed of timber and shall be 6 by 6 multipane windows and all new doors on the approved dwellings shall be solid boarded timber arched doors, all new chimneys shall be constructed of granite and all dormers shall be lead covered.

 

  1. Notwithstanding any indications on the approved plans, all walls on the site including enclosures shall be constructed of granite.

 

  1. Notwithstanding any indications on the approved plans, the parking area and hardstanding area to the front of the two dwellings shall be constructed of granite sets.

 

 

Reason(s)

  1. There is a presumption against any new non-agriculutral development on this site. This dwelling has been approved to meet an essential agricultural need and it is necessary to restrict occupancy to ensure that the new dwelling remains available to meet the need for such dwellings in the future.
  2. To protect the visual amenities of the surrounding area, the charcater of the street scene and the amenities of occupiers of neighbouring properties.
  3. In the interests of visual amenity and impact on the Green Zone.
  4. In the interests of highway safety.
  5. To ensure that all necessary facilities and access is provided before the shed is occupied and in the interests of highway safety.
  6. To safeguard the visual amenities of the area.
  7. To ensure that before development proceeds provision is made for a landscaping regime that will enhance the appearance of the development and help to assimilate it into the landscape.
  8. To protect the visual amenities of the surrounding area and Green Zone and to enable the proper separation of the residential and agricultural uses on the site.
  9. To ensure that the design quality and details presented in the architect's submitted/approved drawings are executed in the implementation of the development.
  10. To ensure that the landscape design quality and details presented in the architect's submitted/approved drawings are executed in the implementation of the development.
  11. The form and design of the layout approved requires strict control over the form of any additional development which may be proposed.
  12. In the interests of visual amenity.
  13. In the interests of visual amenity.
  14. In the interests of visual amenity.

 

 

The Minister decided to Approve the planning application

 

 

Reason(s) for Decision: The decision to approve was given for the following reason: Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received.

 

  1. Island Plan Policy C5 (Green Zone) sets out a general presumption against development in the Green Zone, but makes specific provision for essentially required agricultural development subject to the proposed development not unreasonably harming the character and scenic quality of this zone. The Minister considers that the proposals for the agricultural shed and the agricultural (southernmost) dwelling, which are sited on a former agricultural holding and which the Minister is satisfied are essentially required to meet agricultural needs, are compatible with Island Plan Policy C5.

 

  1. Although the proposed northernmost dwelling is unrelated to agricultural use, the Minister considers that there is sufficient justification to grant permission as an exception to Policy C5 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 brown-field site; and

(ii) the fact that, in February 2008, the Minister had published a Planning Guidance Note (Planning Advice Note No. 7 - 'Enabling Development'), which was a fundamental consideration in the applicant’s pre-application discussions with the Department and was instrumental in the applicants decision to proceed with this application; although this document was withdrawn just prior to submission of the application the Minister considers these background circumstances to be a further material consideration.

 

Resource Implications: NoneNone

 

 

Action required: Permit to be prepared and issuedNotify Agent, Applicant and all other interested parties and issue Planning Permit.

 

 

Signature:

 

Senator F E Cohen

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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