La Croix, Rue d'Empierre, Trinity

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A decision made (26.06.07) to maintain refusal of planning permission for La Croix, Rue d'Empierre, Trinity.

Subject:	La Croix, La Rue D'Empierre, Trinity Construct new dwelling to south of main development.
Decision Reference:	MD-PE-2007-0160	Exempt clause(s):		n/a
Type of Report (oral or written):	Written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		P/2007/0345
Written Report Title:	Request for Reconsideration	Written report – Author:		Elizabeth Ashworth
Decision(s) Maintain decision to refuse
Reason(s) for decision: The proposal is contrary to Island Plan policies C6 and G13 and there are no planning grounds upon which to reverse the decision to refuse.
Action required: Advise agent
Signature: (Minister)			Date of Decision: 26.06.07

La Croix, Rue d'Empierre, Trinity - maintain refusal

Application Number: P/2007/0345

Request for Reconsideration Report

Site Address	La Croix, La Rue D'Empierre, Trinity.

Requested by	. RP Homes Limited	Agent	PAR Architectural Services Limited

Description	Construct new dwelling to south of main development. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	1. The site lies in the Countryside Zone wherein there is a presumption against new development for whatever purpose. The proposal would be visually intrusive, by being an incongruous and harmful form of development, out of character with the appearance of this particular surrounding area, and the circumstances of the case do not warrant an exception being made to Island Plan 2002 Policy C6. 2. The proposal is deemed to adversely impact upon the setting of La Croix which is a Proposed Site of Special Interest, by virtue of its siting, size and design and is therefore contrary to Policy G13 of the Island Plan 2002.

Determined by	Delegated Refused

Date	19/03/2007

Zones	Countryside Zone Water Pollution Safeguard Area Proposed Site Of Special Int

Policies	C6 and G13

Recommendation

Maintain refusal

Comments on Case	The applicant acknowledges that the site lies in the Countryside Zone but does not accept that a new house here would be visually intrusive and out of character with the area. The view of the Department is quite clear that a house in this position would most certainly be visually intrusive as it would be to the south of the group (which is registered PSSI) and would be clearly visible from the surrounding area. The applicant also states that a time of housing shortage it makes sense to utilize sites such as these ‘that cannot be used for anything else’. Secondly the applicant states that La Croix cannot be a registered building as he had not been able to find it on the register. The fact is that the group was first registered as Buildings of Local Interest in 1992 and upgraded to Proposed Site of Special Interest around 2003. There is a note on file which states that the owner of the site was notified of the PSSI status in July 2003. This information is on the Web site. The applicant also considered that the property cannot be registered as permission has been granted for a conservatory on Unit 4. The conservatory was a replacement and is deemed acceptable but all components are to be agreed with the Department before works commences. New owners of La Croix, which is in a number of units, have objected to both the application and the request for reconsideration. A previous application for a new house was refused in 2002 because it would affect the setting of a BLI

Recommendation	Maintain refusal

Reasons	The proposal is contrary to both Countryside and Historic Building policies and there are no grounds on which to justify an exception to these States approved Island Plan policies.

Background Papers	1:2500 Site Plan Letter from applicant Letters for neighbours

Endorsed by		Date	8 June 2007