Vacant Plot, Les Fonds de Longueville, Grouville: Planning application (P/2013/1691): Determination of Minister

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A decision made 20 May 2014:

Decision Reference: MD-PE-2014-0036

Application Number: P/2013/1691

(If applicable)

Decision Summary Title :

Vacant Plot,

Les Fonds de Longueville, Grouville

Date of Decision Summary:

4th April 2014

Decision Summary Author:

M Jones

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written & Oral

Person Giving

Oral Report:

Planner

Written Report

Title :

P/2013/1691

Date of Written Report:

March 2014

Written Report Author:

Planner

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Vacant Plot, Les Fonds de Longueville, Grouville, Jersey,

Construct 1 No. dwelling.

Decision(s):

The Minister considered the written report which contained a Department recommendation to refuse the application and resolved that he was minded to support the application having previously conducted a site visit to the vacant plot on the 3rd April 2014.

Subject to the satisfactory completion of the Planning Obligation Agreement to restore the public foot path to the north of the site, the Minister wished the following conditions to be imposed.

1. The development hereby approved shall be carried out entirely in accordance with the plans and documents permitted under this permit except as required to meet the terms of the Conditions below. No variations shall be made without the prior written approval of the Minister for Planning and Environment.

To ensure that the development is carried out and completed in accordance with the details approved by the Minister for Planning and Environment to accord with Policy GD1 of the Adopted Island Plan, 2011.

2. The new unit of accommodation shall be constructed in accordance with the sustainable 'Green initiatives' identified in the approved Design Statement and attached schedule.

To make the most efficient and effective use of land, energy, water resources and buildings to deliver a sustainable form and pattern of development in the Green Zone in accordance with Policies, NE7 and SP2 of the Adopted Island Plan, 2011.

3. Notwithstanding the indications on the approved plans, prior to the commencement of the development, hereby permitted, samples of all external materials to be used to construct the development shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall thereafter be implemented in full and maintained and retained as such.

To safeguard the visual amenities of the area, in accordance with Policy GD7 and SP7 of the Adopted Island Plan, 2011.

4. 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, hedgerows and other plants, walls, fences and other features 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 (to be porus paving to central car parking areas and site entrance), or means of enclosure;

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

v) the arrangements to be made for the maintenance of the landscaped areas.

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, in accordance with Policy NE4 of the Adopted Island Plan, 2011.

5. All planting and other operations comprised in the landscaping scheme approved under this permission, shall be carried out and completed in the first planting season following the commencement of the development. Any trees or plant(s) planted in accordance with the approved scheme, which within a period of five years from the planting taking place; die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the Minister for Planning and Environment gives written consent to a variation of the scheme.

To ensure that the benefits of the approved landscaping scheme are not delayed and consequently make an early contribution to the amenity of the site in the interest of sustaining and enhancing landscape quality, in accordance with Policy NE 4 of the Adopted Island Plan, 2011.

6. Prior to first use of the development, connection to the main foul sewer and surface water sewer or on site soakaway shall be implemented and fully operational and thereafter retained and maintained as such.

To ensure that that the completed development is provided with satisfactory infrastructure to accord with Policies LWM2 & LWM3 of the Adopted Island Plan, 2011.

7. Prior to the first use of the development hereby permitted visibility lines must be provided in accordance with the approved drawings. 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.

In the interests of highway safety, in accordance with Policy GD 1 of the Adopted Island Plan, 2011.

8. The parking area and the double garage shown on approved planning document DWG No. 222/1/02 shall be permanently kept available for the parking of vehicles by the occupiers of the dwelling, hereby approved, and for no other purpose.

To ensure the permanent provision of on-site car-parking for vehicles, in the interests of highway safety and amenity, in accordance with Policy GD 1 of the Island Plan, 2011.

9. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2011, 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, 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.

The site is located in the countryside where strict control over development is considered to be necessary to protect the rural character of the surrounding area in accordance with Policies GD 1 & NE 7 of the Adopted Island Plan, 2011.

INFORMATIVE:- Prior to issuance of a Planning Permit the applicants are required to enter into a suitable Planning Obligation Agreement (P.O.A.) pursuant to Article 25 of the Planning and Building (Jersey) Law 2002 (as amended).

The P.O.A. is required to deliver the recovery of the public pedestrian foot path - owned by the Parish of Grouville which is located immediately to the north of the site and links Les Fonds de Longueville with the water fountain on Les Cabots, Grouville.

In the event that the terms of the P.O.A. are not agreed within 4 months of the Ministerial Decision of the 4th April, 2014, the Director (Development Control) be authorised to REFUSE grant of planning permission.

Reason(s) for Decision:

The proposed development is considered to be acceptable having due regard for all the material considerations raised. In particular the Minister has assessed the proposal against Policy NE 7 of the Adopted Island Plan, 2011 in which there is a general presumption against all forms of development.

In this case, however, the Minister has carefully balanced an assessment of the objectives of Policy NE 7 and the principle of constructing a new dwelling on the vacant plot of land to the south of Panorama and considers that the proposal is an insubstantial departure to the presumption against development in this zone given the particular circumstances of the site in terms of its history.

Under the previous Island Plan, 2002 the site was zoned as a ‘Site for Further Consideration for Category ‘A’ Housing’, but following a review for the now Adopted Island Plan, 2011 the site failed to meet the sequential test of the Island Plan Spatial Strategy. Accordingly the site was designated as Green Zone.

Further, the design proposal offers a high quality build with strong ‘green credentials’ and beneficial energy savings which is a sustainable design and build approach. The plot of land, although located in the Green Zone, is not viable for farming purposes within the agricultural industry due to its small scale; proximity to residential dwellings; narrow access road to the site and its low quality in terms of the visual contribution it makes to the character of the Green Zone and surrounding area which is defined as a small hamlet of houses of varying architectural vernacular. Therefore, is not considered that a precedent will be set by allowing this small in-fill triangular piece of land to be developed for a single plot.

Resource Implications: None

Action required:

Subject to terms of P.O.A. being agreed, 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):