Field 705A, Pommier Vineries, La Rue d'Aval, St. Martin

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A decision made (30/01/2008) regarding: Field 705A, Pommier Vineries, La Rue d'Aval, St. Martin - Planning Application.

Decision Reference: MD-PE-2008 -0138			Application Number: P/2007/0218 (If applicable)
Decision Summary Title :	Field 705A, Pommier Vineries, La Rue d'Aval, , St. Martin,		Date of Decision Summary:		16-06-08
Decision Summary Author:	Lawrence Davies		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written and Oral		Person Giving Oral Report:		Lawrence Davies
Written Report Title :			Date of Written Report:		08-01-08
Written Report Author:	Lawrence Davies		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Field 705A, Pommier Vineries, La Rue d'Aval, , St. Martin, , Demolish existing glasshouses and construct 1 No. 4 bed dwelling. AMENDED PLANS: Re-designed house. FURTHER AMENDED PLANS: Reduce size of dwelling.
Decision(s): The application was approved by the Assistant Minister as per the department’s recommendation.
Reason(s) for Decision: The application had originally been deferred by the Minister owing to a conflict of interest. At the public Ministerial meeting on 18/01/08, the Minister directed that the application be determined by the Assistant Minister. The Assistant Minister, at a meeting held 30-01-08, approved the application having concurred with the department’s recommendation.
Resource Implications:
Action required: Notify Agent, Applicant and all other interested parties
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed): 30 January 2008

Field 705A, Pommier Vineries, La Rue d'Aval, St. Martin - Planning Application.

Planning and Environment Department

Report

Application Number

P/2007/0218

Site Address	Field 705A, Pommier Vineries, La Rue d'Aval, St. Martin.

Applicant	Mr J Kirk

Description	Demolish existing glasshouses and construct 1 No. 4 bed dwelling. AMENDED PLANS: Re-designed house. FURTHER AMENDED PLANS: Reduce size of dwelling.

Type	Planning

Date Validated	31/01/2007

Zones	Countryside Zone Water Pollution Safeguard Area

Policies	G2 General Development Considerations G3 Quality of Design C6 Countryside Zone C20 Redundant Glasshouses

Reason for Referral	Level and degree of objection Size and scale of development proposal

Summary/

Conclusion

In November 2006, the Minister approved a ‘Planning in Principle’ application for the demolition of the remaining glasshouses and the erection of a single dwelling on the site.

That application had been made purely to establish the principle of whether or not a single dwelling was acceptable (in light of the history of previous refusals for development on the site); all matters relating to size, siting and design were reserved for future consideration.

However, whilst the actual design of the dwelling did not form an explicit part of the approval, it was stated at the time that the applicant’s intention was for the development to be a ‘modest-sized dwelling’, 1½ to 2 storeys high and 232m2 (2,500 sq ft) in size - it was partly on this basis that consent was given. In addition, it was also suggested at the time that at least some part of the new dwelling would be located within the Built-Up Area, the boundary of which runs through the eastern part of the site (albeit, the majority of the dwelling would remain within the Countryside Zone).

This application has undergone two revisions since having first been submitted but now the proposed development is largely consistent with the ‘Planning in Principle’ approval. The built floor area of the new house (including its garage) will be around 250m2 (2,690 sq ft) although it will perhaps be somewhat taller than was envisaged. Furthermore, the entire dwelling is now proposed to be sited outside of the Built-Up Area. Understandably, the department has some concern that the development as now proposed goes against the spirit of the original approval.

Notwithstanding these concerns, the proposed dwelling is considered to be of an attractive Jersey-vernacular style (a traditional rural ‘farmhouse’), granite faced throughout with timber windows and slate roof.

Despite its larger size, the scheme does still represent a very significant 90% reduction in floorspace from that occupied by the existing glasshouses i.e. 2,500 m2 (27,000 sq ft). Moreover, the application still secures all of the other environmental benefits which were a fundamental part of the original consent (namely the clearance of the site of the unsightly glasshouses and the creation of an orchard).

On balance, therefore, the application is recommended for approval.

Officer

Recommendation

APPROVE

Site Description	The site is located on the northern side of La Rue D’Aval to the east of the Queen’s Valley Reservoir car park. A large proportion of the site is slightly elevated from the road and not readily visible from the public realm. The site (which is generally untidy / overgrown) currently contains six derelict glasshouses together with three small block built structures.

Relevant Planning History	There is a history of redevelopment (and proposed redevelopment) on this glasshouse site throughout the 1980s and 1990s. Most recently, in 2006, a ‘Planning in Principle’ application (PP/2006/0215) was made for the demolition of all the remaining glasshouses and the creation of single dwelling to the north-east of the site. This application did not include any detailed information relating to the form of the new dwelling, but rather it was submitted simply in order to establish the principle of development. Strictly speaking, this application did not fully satisfy the Island Plan policies relating to the redevelopment of glasshouse sites. However, in view of all of the circumstances of the proposal (in particular the significant environmental gains proposed) an exception was considered to be reasonable and the development was eventually approved by the Minister. The permission was subject to the following conditions and reasons; Condition(s) This permission does not authorise the carrying out of any development until an application for detailed planning permission has been submitted to, and approved by, the Minister for Planning and Environment. If an application for detailed planning permission is not received before 29/11/2009, this consent shall cease to have any effect. The size, siting and design of the proposed dwelling are reserved for further approval as part of the application for detailed planning permission. All existing glasshouses and any other detritus shall be cleared from the site, to the satisfaction of the Minister for Planning and Environment, prior to the commencement of development of the proposed dwelling. A detailed landscaping scheme, including details of boundary treatments and planting for the proposed orchard, shall be submitted to, and approved in writing by, the Minister for Planning and Environment as part of the detailed application, and the approved landscaping scheme shall be implemented prior to the occupation of the proposed dwelling. The formal domestic curtilage shall not extend beyond the defined garden area boundary as indicated on the submitted / approved site plan (drawing PP/2006/0215 E). Prior to the first use/occupation of the development hereby permitted, visibility lines must be provided to the satisfaction of TTS Highways. 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. Reason(s) This consent is permitted for planning principle only and is valid for 3 years only. The application is for planning principle only and these matters require approval through the submission of a detailed planning application before any works can commence in pursuance of this development. In the interest of visual amenity. In the interest of visual amenity. For the avoidance of doubt. In the interests of highway safety.

Existing use of Land/Buildings	Agricultural (disused) - derelict site of six glasshouses and smaller block-built structures (approx. 2,500 m2 / 27,000 sq ft of floorspace). Planning in Principle permission has been secured for the redevelopment of the site for a single dwelling.

Proposed use of Land/Buildings	Residential - 1 no. 4 bedroom dwelling and associated domestic curtilage occupying around 40% of the site. Agricultural - the remaining 60% of the site will become an orchard.

Consultations	TTS (Highways), in their consultation response dated 21st March 2007, state that the roadside access is on the inside of a fast bend with zero visibility in both directions. Visibility splays (50m in each direction) must be implemented as shown on the site plan and maintained (this is achievable on land under the ownership of the applicant). LC & ADS, in their consultation response dated 07th February 2007, state that they commented upon similar applications in 2004 and 2006. At the time the Department of Agriculture raised no objection because the glasshouses, which had not been in use since 2002, were considered uneconomical (and therefore redundant) on account of their age and small size. Now, as then, the area of land in question is considered too small and sloping to return to commercial agricultural use. The Environment Department, in their consultation response dated 09th March 2007, seek assurance from the developer that the waste glass will be disposed of in a suitable manner. All consultations are attached as part of the background papers.

Summary of Representations	The scheme has undergone two significant revisions in terms of design since being first submitted and the application was re-advertised in June 2007 and most recently November 2007. Two letters of representation from nearby residents were received at the time that the application was first advertised. Points raised include; This application proposes a far more substantial property than formed the basis of the original (approved) scheme – 2 storey as opposed to single storey. This is a far more intrusive development than envisaged. The scale of the proposed dwelling is too great (in view of the topography of the site) and the dwelling would be highly visible. The property to the south (Le Manoir D’Aval) would be overlooked by the development. Guidelines should be issued with regard to the creation and retention of the new orchard. The application is contrary to planning guidance and represents an extension of building into the countryside. There is no planning gain to the island from the development. The new access proposed onto the main road is an unnecessary incursion into the countryside (an existing access to the east of the site should be utilised). No response was received from the agent on the matters raised. At the department’s request, the scheme was amended significantly and an alternative design was re-submitted and the application was re-advertised. Three further letters of representation were subsequently received (two of which came from the authors of the first letters received). Comments made include; From personal experience, the cost of greenhouse demolition and land restoration is relatively modest – no more than a few thousand pounds. This means that the scale of the development proposal (and hence the value of the proposed dwelling) is not proportional to the costs incurred. The scheme should be significantly reduced to a modest single-storey development in order to lessen the visual impact. Visibility is poor at the location proposed for the access; the developer should negotiate with the owner of the track to the east in order to secure a right of access. The extended residential curtilage should be reduced in size. Concerns remain with regard to the possibility of overlooking from the south facing rooflight windows (these should be repositioned to the north elevation), the scale of the development proposal in light of the original approval and the need to properly implement and retain the new orchard. Once again no response was received from the agent on any matters raised. When the application was re-advertised for the third time (the current scheme), no further letters of representation were received. All letters of representation and responses are attached as part of the background papers.

Planning Issues	Policy Considerations This site is in the Countryside Zone (Policy C6) where the policy aims to give a high level of protection and there is a general presumption against all forms of new development. This includes the creation of new dwellings which are not essential to meet agricultural needs. Glasshouses are considered to be temporary structures related to the basic horticultural use of the land. Under Policy C20, there is a presumption against the re-development of redundant and derelict glasshouse sites for non-agricultural purposes. In exceptional circumstances non-agricultural development of such sites may be permitted provided that the development; can be successfully integrated within a key rural settlement will not have an unacceptable visual impact or unreasonably affect the character of the area will not lead to unacceptable problems of traffic safety is appropriate in scale, form, massing, density and character to the site and its context Whilst this application does not fully satisfy these policy criteria, the principle of the redevelopment of the site with a single unit of accommodation has already been established with the previous application. Therefore, it is only matters relating to scale, siting and design which are left to be determined. Land Use Implications This is currently a disused agricultural site (comprising a derelict series of glasshouses). The scheme proposes the creation of single dwelling to the north east corner of the site, together with a residential curtilage occupying around 40% of the site. The remaining 60% of the site is to become an orchard. Size, Scale & Siting As previously noted, the original approval reserved (for future consideration) all matters relating to the actual design of the dwelling. Nonetheless, the planning statement submitted with that application stated that it was the applicant’s intention to develop “a single, modest-sized dwelling (which would) be in the form of a split level house and which would not be readily visible from the public realm”. It was also suggested that “just under half of the proposed building plot is already in the Built-Up Area”. In addition, the drawings submitted with that application referred to the proposed new dwelling being “2,500 sq ft over 1½ to 2 storeys, 2 storey at rear with 1½ storey to front to reduce perceived visual impact presented to neighbours and road façade”. By contrast, this application is not considered to be entirely within the spirit of the original approval. The dwelling is proposed to be sited in the north-east corner of the site (as per the approval) in a location which is close to other buildings in the vicinity (all of which are located within the Built Up Area). However, its footprint is entirely outside of the Built-Up Area boundary. This runs contrary to the original application which was (at least partially) approved on the understanding that at a portion of the dwelling would be sited within this area (albeit, it was a small portion and most of the footprint would remain within the Countryside Zone). Indeed, the ‘Planning in Principle’ application was actually revised at the time in order to increase the proportion which lay within the Built-Up Area as this was considered to be fundamental to the scheme’s acceptability. In terms of size, however, the dwelling has a roughly similar (although marginally bigger) built floorspace to that originally envisaged ie 250m2 (2,690 sq ft), compared to the original 232m2 (2,500 sq ft). Although it is appreciated that the original ‘sketched’ drawings showing a smaller and lower dwelling were indicative only and did not form an explicit part of the approval, they are nonetheless included within the background papers for the Minister’s attention for the purposes of comparison. Notwithstanding these points, the proposed dwelling does still represent a very significant reduction in floorspace from the existing situation of 2,500 m2 (27,000 sq ft), and the scheme does secure all of the other environmental benefits which were a fundamental part of the original consent. Design & Use of Materials This overall approach is considered to be consistent with the Minister’s standards on high-quality and locally-relevant design – the dwelling is proposed to be constructed in a traditional, Jersey vernacular rural style making good use of high quality materials (a well-proportioned granite ‘farmhouse’ with timber sash windows, leaded dormers, natural slate roof and conservation rooflights etc…). Impact on Neighbours Notwithstanding the objections received, the impact on neighbours is not considered to be unreasonable. At its nearest point, the new dwelling would be 37m from the property to the south and around 27m from that to the east. Access, Car parking and Highway Considerations The current roadside access is on the inside of a fast bend with zero visibility in both directions. The scheme proposes the creation of new 50m visibility splays onto La Rue D’Aval which meet the Highways standard. TTS Highways have confirmed that it is possible to achieve these splays on land under the ownership of the applicant and this element of the proposal is considered acceptable. The site offers ample car parking. Foul Sewage Disposal To foul sewer Landscaping issues A good landscaping scheme has always been considered vital to the success of this development as it will help to secure the necessary environmental benefits (ie the fundamental premise upon which the original application was based). The larger (western) portion of the site is to contain a mixed fruit orchard and areas grassed with wild meadow flowers, whilst a new mixed raised hedge (atop a 900mm high bank) will form the western and northern site boundaries. The garden will be laid to lawn and normal domestic landscaping is expected to occur. A post and rail fence will separate the garden from the orchard (which is to remain as agricultural land). Other Material Considerations none

Officer Recommendation	APPROVE

Conditions/ Reasons	All existing glasshouses to be cleared from the site, and the area improved prior to commencement of the development. This shall be undertaken to the satisfaction of the Environment Department. Landscaping scheme to be implemented in the first available planting season following completion. The formal domestic curtilage shall not extend beyond the defined garden area boundary as indicated. For the avoidance of doubt, the extent of the garden shall be defined by a line running parallel to, and in line with, the extent of of the curtilage of the property Manoir D’Aval to the immediate south (18m away from the western elevation of the new dwelling). Prior to the first use/occupation of the development hereby permitted, visibility lines must be provided to the satisfaction of TTS Highways. 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. Restrict Permitted Development rights.

Background Papers	1:2500 Location Plan all letters of representation consultation responses departmental letter and agent’s response landscaping details original sketch concept for new house

Endorsed by:

Date: