Dilwara Barn (Fauvic Barn), Grande Route des Sablons, Grouville

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A decision made (16.02.07) to approve planning permission with conditions for Dilwara Barn (Fauvic Barn) Grande Route des Sablons, Grouville.

Subject:	Dilwara Barn (Fauvic Barn), La Grande Route des Sablons, Grouville Minister for Planning and Environment called a Public Hearing to consider the application to: Convert barn into 2 bed dwelling.
Decision Reference:	MD-PE-2007-0171	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/2006/1658
Written Report Title:	Convert barn into 2 bed dwelling.	Written report – Author:		Anthony Farman
Decision(s After considering the points raised during the meeting and discussing the application further with the case officer the Application was latterly approved subject to conditions and amendments to the scheme.
Reason(s) for decision: To provide the Registered building with a beneficial long term use that prevents it failing into disrepair whilst maintaining the amenity of the area in accordance with the policies of the Island Plan.
Action required: Notify agent and representatives of the decision.
Signature: (Minister)			Date of Decision: 16.02.07

Dilwara Barn (Fauvic Barn), Grande Route des Sablons, Grouville - approval

Planning and Environment Department

Report

Application Number

P/2006/1658

Site Address	Dilwara Barn (Fauvic Barn), La Grande Route des Sablons, Grouville.

Applicant	Mr K Moore

Description	Convert barn into 2 bed dwelling.

Type	Planning

Date Validated	09/08/2006

Zones	Shoreline Zone Built Up Area Proposed Site of Special Interest

Policies	G1 – Sustainable Development G2 – General Development Considerations G13 – Buildings and Places of Architectural and Historic Interest
	BE11 – Shoreline Zone H8 – Housing Development within the Built-Up Area NR2 – Foul Sewerage Facilities
Reason for Referral	Conflicting policy objectives

Summary/

Conclusion

The primary objective of the re-use of this Registered building is to provide it with a beneficial long term use that prevents it failing into disrepair. The use of the building for residential purposes has been accepted in principle during negotiation and on the basis of the building’s location within the Built-Up Area.

The acceptance of the building as a residential unit means it is difficult to reconcile to the primary objective with standards for amenity space, car parking and poor vehicle access, safeguarding the historic integrity of the structure and its historical association, and safeguarding the amenity of neighbouring properties. The long history of discussion about the development of this property means that it would be unreasonable at this time to insist upon the retention of the interior despite its possible connection with escapees during the occupation.

Having regard for all the circumstances surrounding this application it is considered that an appropriate balance has been struck between all the issues mentioned whilst still providing the building with a beneficial long term use.

Officer

Recommendation

Approve subject to conditions.

Site Description	Roadside building that is currently redundant forms the north side of a small courtyard containing 4 other dwellings, all of which look onto each other. Vehicular access is directly from La Grande Route des Sablons.

Relevant Planning History	There have been two past applications to convert this building to habitable accommodation. In September 1997 permission was refused to ‘convert the existing building into a 2 storey, 2 bedroom dwelling with parking’ for the following reasons. The proposal visually degrades and fails to preserve the buildings architectural character. The proposal fails to make adequate provision for amenity space for the proposed dwelling. The available frontage on to the highway is of insufficient length to enable a satisfactory road junction with adequate visibility splays, to be provided in accordance with standards of the Planning and Environment Committee’. In March 2001 permission was refused to ‘Convert outbuilding into two storey 2 bedroom dwelling’ for the following reasons. The proposed development does not provide adequate visibility splays and an intensification of use would therefore result in prejudice to highway safety. The proposal fails to provide adequate standards of private external amenity space contrary to the minimum standards set out in Planning Policy Note No. 6 ‘A minimum specification foe New Housing Developments, Feb 1994. The proposed development would visually degrade and result in changes harmful to the character of this building.’ The most recent refusal P/2005/1078 to “Demolish single storey store with lean-to garage & replace with 2 storey 3 bedroom house”. Was refused for the following reasons. The proposed development fails to provide adequate visibility splays on the vehicle exit onto La Grande Route des Sablons and would therefore result in prejudice to highway safety contrary to the requirements of Policy G2 of the Island Plan 2002. The proposal as designed would result in overlooking to the neighbouring property l'Ecurie resulting in an unacceptable prejudice to the privacy and amenity of the property contrary to the requirements of Policy G2 of the Jersey Island Plan 2002.
	May 2006 - Advice was given post the Request for Reconsideration (that upheld the refusal) that indicated that a 2-bedroom dwelling would be acceptable with only one parking space in order to achieve a long term use for the building. August 2006 – The building was upgraded to a pSSI.
Existing use of Land/Buildings	Agricultural (disused)

Proposed use of Land/Buildings	Residential

Consultations	T&TS (Highways) in their letter dated 10/10/06 state “This is a 35 to 40mph road requiring 50m visibility . . . The department can not support the increased use of such a potentially hazardous access.” LC & ADS in their letter dated 07/09/06 state “no objection.” Env. Division in their letter dated 20/09/06 state “swallows nest and one house martin nest where spotted in the eaves of the existing barn . . . The barn conversion should ideally be completed by April 2007 before any birds return to any vacant nests. Otherwise the works will have to be deferred until the birds have left the building . . . It is recommended provisions are made for the birds to return post-development.” Design & Conservation in their letter dated 30/11/06 state “The building is . . . registered as a pSSI; its formal designation is currently in hand. Whilst its conversion into a unit of accommodation is acceptable in principle I consider the approach proposed by the current scheme to be inappropriate . . . the agrarian character of the interior will be lost entirely. I therefore consider the application to be contrary to [Policy] G13 and should not be approved in its current form.” All consultations are attached with the background papers

Summary of Representations	3 letters of representations (objections) concerning:  unacceptable increase in traffic generation  unacceptable impact on neighbours by virtue of loss of privacy  out of keeping with character of the area  devaluation of property  boundary disputes Applicant’s response dated 13/09/06 stating that the boundary fence has not been disputed by the owners of the adjoining property. All letters of representation and responses are attached with the background papers

Planning Issues	Policy Considerations (What are the presumptions) G13 – Buildings and Places of Architectural and Historic Interest There will be a presumption in favour of the preservation of the architectural and historic character and integrity of registered buildings and places. Applications for the alteration or change of use of a registered building must contain sufficient information against which the impact on the fabric and appearance of the building can be assessed (See Design & Use of Materials). BE11 – Shoreline Zone There is a presumption against new buildings or extensions to existing buildings where such development will fill gaps or obstruct public views to the foreshore and sea. Particular attention will therefore be paid to the siting, massing and height of any proposed developments. Due to the building’s siting and the existence of a number of other dwellings in close proximity, this proposal will have no impact on the Shoreline Zone. H8 – Housing Development within the Built-Up Area Proposals for new dwellings, extensions or alterations to existing dwellings or changes of use to residential, will normally be permitted within the boundary of the built-up area. The principle of using this site, and converting the building to residential use is established. Land Use Implications The building has an agricultural use under the Planning and Building (Jersey) Law 2002. However, it has not been used for this purpose for many years and the principle of residential use is acceptable in order to provide this Registered Building with a long term use and make good use of the Built-Up Area in accordance with Policy G13 and G1 respectively. As the letters of representation note, the immediate area is relatively compact and the yard already serves 4 dwellings. Whilst the amenity of these existing dwellings must be maintained the use of the barn for residential purposes is consistent with the character of the area and thus accords with Policy H8. Size, Scale & Siting The size of the main barn will not alter. The demolition of the outhouse will have not impact on the neighbouring properties and the construction of the 1.8m high brick wall (approx. 6m from the dwelling to the south) will not cause unreasonable overbearing whilst also providing privacy to the proposed garden area. Design & Use of Materials The design of the detailed elements of the exterior of the building has been negotiated and is now, subject to the submission of large scale details, acceptable to the Design and Conservation Section. However, the Design and Conservation Section is concerned that the conversion of the building as proposed will result in the formal designation of the building as a Site of Special Interest being withdrawn and the building being re-graded as a Building of Local Interest. The registration of the building as a pSSI was based on the form and materials of the interior being relatively unchanged and associated with a historical event (escapes during the German Occupation). The evidence for this is not indisputable but significant enough to warrant its upgrade to a pSSI. The loss of the interior will reverse this. It should however be noted that until the building is designated as a SSI, there is no legal control of the interior and as such the applicant can, and would have a reasonable expectation given the length of discussion regarding this building, alter the interior substantially. Impact on Neighbours As detailed in Size, Scale & Siting, the proposed development does not create any unreasonable overbearing relationships. Overlooking and loss of privacy has been raised by concerned neighbours. In accepting the conversion of this building to an alternative use, it has been accepted that the existing window openings must be maintained on the south elevation thereby creating potential prejudice to the property to the south in order to secure a long term use for this registered building. Whilst the relationship between Fauvic Barn and Bel Air to the south is closer then would normally be approved, harm to amenity of the neighbouring property will not occur. The residential unit would have only relatively small areas of glazing facing south and the emphasis of the unit would be balanced between the internal uses and the access to the garden area which faces east. The doorway to the garden will not afford views to neighbouring properties given the proposed 1.8m high wall and fence proposed and the considerably taller existing northern boundary wall. The first floor (in the roof space) is served by roof lights only in the north and south elevations. These roof lights are shown to be set 1750mm from the finished floor level to the bottom of the glazing thereby preventing overlooking in these directions, despite the concerns of neighbouring residents. The west elevation window serves only a bedroom and overlooks only a road. The east elevation window (increased in size to meet Building Bye-Law requirements) also serves a bedroom and will not, due to its orientation and narrowness, provide views across the patio area of “The White House”. Access, Car parking and Highway Considerations It is acknowledged that the access from the site is poor and the Highway Authority has stated that it “can not support the increase use of such a potentially hazardous access”. It is difficult to reconcile this concern with the provision of a long term use for the Registered Building. However, the applicant has previously been advised that approval may be granted if the development is limited to one space only. This has been achieved (and is conditioned to remain one space in perpetuity) and therefore represents the maintenance of the existing level of use of the access given that the existing building, if used as a store, would have vehicular traffic movements associated with it. Normally, the proposed dwelling would require two parking spaces in this location but it is reasonable to set aside that standard in the interests of providing adequate amenity space, maintaining the vehicular use of the access at the current level and overall, providing a long term use for the Registered Building. Letters of representation raise the issue of the lack of visitor parking for the dwelling. PPN No. 3 (Parking Guidelines) states that there is no requirement for visitor parking for the creation of one dwelling in this area. Foul Sewage Disposal The dwelling is to be connected to the foul sewer thereby satisfying Policy NR2. Landscaping issues The site currently has no landscaping. Given the small area available to the dwelling and the hard surfacing that characterises the yard it is unreasonable to insist upon planting in this instance. Other Material Considerations
	Evidence of birds (protected under the Conservation of Wildlife (Jersey) Law 2000) nesting in the barn is indisputable and the Environment Division have provided advice on new nesting points. These have been incorporated within the development.
Officer Recommendation	Approve subject to conditions.

Conditions/ Reasons	1. Prior to the commencement of the development hereby permitted the following details must be submitted to and approved in writing by the Minister for Planning and Environment; i) The nature, materials, dimensions and profile of external heads, cills, jambs and mullions (where included) of windows and the heads and jambs of doorways. ii) The design or pattern, materials and extent of reveals of external windows and doors illustrated by a scale drawing of a typical example. 2. The roof lights approved as part of the development must be Velux (GVA) Conservation Roof Window and must be fitted so that the outer plane of the roof light lies flush with the outer plane of the roof covering. 3. A sample panel of pointed brickwork not less than 1 metre x 2 metres, provided on the site shall be provided for inspection and approval by an officer from the Department of Planning and Building Services prior to the construction of the new 1800mm wall. The building must be pointed in accordance with a scheme approved in writing with an officer from that Department. 4. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2006, no works involving the erection of a building, extension, gate, wall, fence or other means of enclosure, tank, 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. 5. The proposed dwelling hereby approved shall be serviced in perpetuity by one parking space only. 6. All external walls (excluding the outhouse that is shown to be demolished) of the building must be retained in situ. No alteration to or replacement of them may take place without the prior approval of the Minister for Planning and Environment. 1. These details are not included in the application and are required to be submitted and agreed by the Minister for Planning and Environment to ensure that the character of the buildings in which they are to be inserted is not harmed. 2. The type and installation of roof light has been specified to ensure that its insertion is not harmful to the character of this registered building. 3. To protect the structure and appearance of this registered building. 4. Pursuant to its duty to protect the amenities of the Island and the locality, and also the character of this proposed Site of Special Interest. 5. In the interests of highway safety.
	6. These features are considered to be important elements of the building and worthy of retention.
Background Papers	1:2500 Location Plan Consultation responses Letters of representation Letter from applicant Letter from Department (post Request for Reconsideration advice) Letter from Case Officer

Endorsed by:

Date: