The Barn, Ville es Normans North, Le Neuve Route, Trinity.

Information about the publication of Ministerial Decisions

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.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (24/04/2008) regarding: The Barn, Ville es Normans North, Le Neuve Route, Trinity.

Decision Reference: MD-PE-2008 -0187			Application Number: RP/2007/2553 (If applicable)
Decision Summary Title :	The Barn, Ville es Normans North, Le Neuve Route, Trinity		Date of Decision Summary:		12/08/08
Decision Summary Author:	Jonathan Gladwin		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Oral and written		Person Giving Oral Report:		Alistair Coates
Written Report Title :	The Barn, Ville es Normans North, Le Neuve Route, Trinity		Date of Written Report:		01/04/08
Written Report Author:	Jonathan Gladwin		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: The Barn, Ville es Normans North, Le Neuve Route,Trinity Variation of condition 3 of permit P/2005/1100 (private domestic use with limited livery and private lessons) to alter the nature of the training and livery.
Decision(s): At a public ministerial meeting held on the 11 April 2008 the Minister decided to defer the application to vary/remove a condition for further consideration. On the 25 April 2008 after further consideration by the Minister the application was approved.
Reason(s) for Decision: The decision was approved as subject to condition it was considered that the application was in accordance with the Island Plan and all other material considerations. Condition 3 was varied to state: ‘That the stables hereby approved shall be for private domestic use of the occupiers of the Barn at Ville es Normans and Miss Stacy Vardon and Mr David Kemp only. The two exceptions being that the applicant may: a) Use up to six of the approved boxes for private livery.This shall be on a full livery basis with the horses being attended to by the aforementioned owners or their employed groom only. There shall be no DIY livery whatsoever. b) Only the aforementioned persons or suitably qualified instructors appointed by them may teach private lessons between the hours of 09:00 and 16:00 during the winter months and 09:00 and 19:00 in the summer months. These lessons shall be on a one to one basis only. For the avoidance of doubt there shall be no group teaching. Other than that specified above, there shall be no commercial activity on the site without the prior written consent of the Environment and Public Services Committee’. A further landscaping condition was added to the Permit.
Resource Implications: None
Action required: Notify Applicant and other interested parties
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed): 25.04.08

The Barn, Ville es Normans North, Le Neuve Route, Trinity.

Planning and Environment Department

Report

Application Number

RP/2007/2553

Site Address	The Barn, Ville es Normans North, Le Neuve Route, Trinity.

Applicant	Mr S F Laurens

Description	Variation of condition 3 of permit P/2005/1100 (private domestic use with limited livery and private lessons) to alter the nature of the training and livery.

Type	Remove/Vary Condition Application

Date Validated	24/10/2007

Zones	Countryside Zone Water Pollution Safeguard Area

Policies	G2 –General Development Considerations C6 – Countryside Zone TR5 – Development of Recreational Resources

Reason for Referral	Call In Application

Summary/

Conclusion

The proposal is for the variation of Condition 3 of Permit P/2005/1100 to allow for the private use of the stables by the applicant as well as two other people, whilst at the same time increasing the number of boxes for private livery from 3 to 6. These changes would lead to a more commercial type enterprise and intensify the use from existing.

It is considered that the use of the existing horse boxes by two extra users who will run the business would have a limited impact on the surrounding area, residential amenity and traffic and noise. It would appear that there have been some problems in recent times with the operation of the business as the applicant has been off the Island making it harder to run the business. The addition of new management should improve the situation as they will be more readily available on site to deal with any complaints/issues. This part of the variation of Condition 3 is therefore considered acceptable.

The applicant is also seeking to increase the intensity of use from 3 to up to six of the boxes for private livery.

Policy C6 allows for small scale proposals for recreational uses, whilst Policy TR5 which leads from Policy C6, sets a number of criteria including that the proposal contributes to an existing or latent local or Island-wide demand and will not unreasonably affect the character and amenity of the area amongst other matters. It is considered that there does exist a high demand for this type of use and it is also considered that the use would still remain small scale in nature.

Whilst it is accepted that the use would become more commercial in use than existing and not merely for personal use, it is considered that the intensity of use would be on balance acceptable and not cause an adverse impact on the amenity of nearby residents.

Officer

Recommendation

Approve

Site Description	A riding stables development with access from the east off La Neuve Route in the parish of Trinity.

Relevant Planning History	P/2005/1100 - Construct 6 No. timber stables & tackrooms. Form new sand school. Form new paddocks with landscaping. Construct single garage & boiler room. REQUEST FOR RECONSIDERATION of condition no 3 (Private use only) to allow teaching of horse riding – Approved – 03 March 2006. This curent application is concerning Condition 3 of the above Permission which states the following: 3. That the stables hereby approved shall be for private domestic use of the occupiers of the house outlined in red on the Location Plan only.The two exceptions being that the applicant may: a) Use up to three of the approved boxes for private livery.This shall be on a full livery basis with the horses being attended to by the applicant or his employed groom only. There shall be no DIY livery whatsoever. b) The applicant may teach private lessons between the hours of 09:00 and 16:00 during the winter months and 09:00 and 19:00 in the summer months. These lessons shall be on a one to one basis only. For the avoidance of doubt there shall be no group teaching. Other than that specified above, there shall be no commercial activity on the site without the prior written consent of the Environment and Public Services Committee

Existing use of Land/Buildings	Horse Riding Stables

Proposed use of Land/Buildings	Horse Riding Stables

Consultations	TTS(Highways) in their letter dated 16/11/07 state “ No significant issues, No comment.” Environmental Health in their letter dated 31/10/07 state “No objection.” All consultations are attached with the background papers

Summary of Representations	3 Letters of objection received, summarised as follows: unacceptable increase in traffic generation unacceptable impact on neighbours by virtue of loss of privacy Increase in noise from number of people and vehicles and noise at unsociable hours including at 06:00. Would swap the relatively private and low key private venture to a commercial use. Agent comments that the proposal would have a limited impact on noise, traffic and privacy and any problems that have been caused previously were not caused directly by this development and improvements are being sought such as electronic devices to lower noise emissions. All letters of representation and responses are attached with the background papers

Planning Issues	Policy Considerations Policy C6 of the Island Plan is relevant. This Policy stipulates that subject to an appraisal of the impact of the development on the character and amenity of the area, certain uses may be acceptable within the Countryside Zone. Amongst these acceptable uses is: small scale proposals for the development of new cultural and recreational resources which are sensitively related to the distinctive landscape character and heritage of the area and which are in accordance with Policy TR5 may be acceptable. Policy TR5 states that subject to various criteria, proposals for the development of recreational resources will normally be permitted. Land Use Implications The proposal is for the variation of Condition 3 of Permit P/2005/1100 to allow for the private use of the stables by the applicant as well as two other people, whilst at the same time increasing the number of boxes for private livery from 3 to 6. These changes would lead to a more commercial type enterprise and intensify the use from existing. It is considered that the use of the existing horse boxes by two extra users who will in effect run the business would have a limited impact on the surrounding area, residential amenity and traffic and noise. It would appear that there have been some problems in recent times with the operation of the business as the applicant has been off the Island making it not harder to run the business. The addition of new joint owners who will be running the business should improve the situation as they will be more readily available on site to deal with any complaints/issues. This part of the variation of Condition 3 is therefore considered acceptable. The applicant is also seeking to increase the intensity of use from 3 to up to six of the boxes for private livery. Policy C6 allows for small scale proposals for recreational uses, whilst Policy TR5 which leads from Policy C6, sets a number of criteria including that the proposal contributes to an existing or latent local or Island-wide demand and will not unreasonably affect the character and amenity of the area amongst other matters. It is considered that there does exist a high demand for this type of use and it is also considered that the use would still remain small scale in nature. Size, Scale & Siting No building changes proposed from approval already given. Design & Use of Materials Not relevant Impact on Neighbours The main objections have been regarding noise. This is an important consideration as there do exist residential properties in relatively close proximity to the site and by the very nature of the use, people can start arriving on site early in the morning and into the evening. It is considered that the use is limited involving a not excessive number of users who are likely to use the facility at different times through the day. Therefore vehicle movements will also be limited and at varied times. It should be stressed though, that this increased intensity of use is at the limits of acceptability due to the proximity of the residential properties and existing noise concerns and any future application to extend the buildings/use for shows etc is not likely to be supported. To summarise, whilst it is accepted that the use would become more commercial in use than merely for personal use, it is considered that the intensity of use would be on balance acceptable and not cause an adverse impact on the amenity of nearby residents. Access, Car parking and Highway Considerations The car parking would remain as existing. The stables share the same access onto La Neuve Route as the residential properties, but any increase in traffic from this proposal is considered to be limited particularly as the stables has a separate track to the site than the residential properties for most of its route from La Neuve Route. Foul Sewage Disposal No change Landscaping issues Considering the neighbours objections and the need to screen the development better to minimise visual impact and noise disturbance, a condition is recommended to submit a landscape plan showing landscaping to the boundaries of the site to screen the use from the residential properties.

Officer Recommendation	Approve

Conditions/ Reasons	To vary Condition 3 to read as follows: ‘ That the stables hereby approved shall be for private domestic use of the occupiers of the Barn at Ville es Normans and Miss Stacy Vardon and Mr David Kemp only. The two exceptions being that the applicant may: a) Use up to six of the approved boxes for private livery.This shall be on a full livery basis with the horses being attended to by the aforementioned owners or their employed groom only. There shall be no DIY livery whatsoever. b) Only the aforementioned people or suitably qualified instructors employed by them may teach private lessons between the hours of 09:00 and 16:00 during the winter months and 09:00 and 19:00 in the summer months. These lessons shall be on a one to one basis only. For the avoidance of doubt there shall be no group teaching. Other than that specified above, there shall be no commercial activity on the site without the prior written consent of the Environment and Public Services Committee. and C2. Landscape Plan

Background Papers	1:2500 Location Plan 3 letters of objection dated 19/11/07, 01/11/07 and 15/11/07. Agents letter of representation Comments from Environmental Health dated 31/11/07 Comments from Highways dated 16/11/07

Endorsed by:

Date: