The applicant has written to request that condition number 3, restricting the use of the stabling to private domestic usage is removed. The applicant as explained in his letters of the 18th October 2005, suffers from Multiple Sclerosis a progressive and debilitating disease. His primary occupation is as a riding teacher and this in the past has always been carried out as private tuition involving the applicant visiting his clients and teaching on a one to one basis. At the time of the purchase of the property the applicant consulted the Land Controls and Agricultural Development Section and claims that they were aware of the desire to use the site on a commercial basis, although the consultation response makes no reference to this. For clarity the applicant has at no point, either prior to or after the purchase of the property, requested pre-application advice from the Department for commercial equestrian activity. The applicants’ letter of request for reconsideration sets down the times that teaching would take place, stating that teaching would remain on a one to one basis and would last for 45mins a session. A working day would be between 9am and 4pm in the winter and 9am and 7pm in the summer months, anticipating no more than 20 lessons a week, although the applicant makes clear that this figure is subject to variation. The applicant feels that his circumstances have changed since originally applying for the stable block, and that now there is the potential of competing for the British Disabled Riding Squad. This would mean a significant increase in the amount of training and in associated expenses and therefore it is the applicants’ intention to make the stables more commercially viable. This would involve employing a groom, taking in liveries for owners who were out of the Island. In addition the applicant is a member of the Jersey Dressage Group and intends to offer the facilities for four events a year as detailed in his letter. 1 no. letter of representation has been received in respect of this request for reconsideration, from the occupier of the 2nd cottage on the site and immediate neighbour of the applicant. The representatives’ property backs straight on to the stables. The representative has no issues with the stables per se or to teaching on an occasional basis. The representative is concerned that if the commercial restriction is lifted without other controls, the commercial activity of the yard could get out of hand, particularly if the boxes are let to livery as there is no way that we could reasonably control the time or number of traffic movements of the owners. If the yard was to go to a full commercial operation then there are concerns of loss of amenity, noise pollution and potential problems with the removal of manure if the boxes which are currently approved for hay, feed and tack storage are used as stabling. There is also the suggestion that the intended intensity of the commercial activity may have increased since this request was submitted. Included in the background papers is the applicants’ response to the representation. He states in this letter that they currently have 8 loose boxes although the approval is only for 6. The re-orientation of the parking may be worth considering but only on receipt of a Change of Use application. In assessing this case the officer was concerned about the size of the stables, although understands that with six horses comes much paraphernalia with regard to equipment, feed, bedding and storage. To guard against this the applicant was specifically asked on the site visit if there was any intention of the site being used for anything other than ancillary domestic stabling, (i.e; livery or commercial teaching) the applicant replied in the negative. The case officer made quite clear at the time that a commercial activity would be viewed very differently. The case officer has again discussed the proposal with LC and ADS and they have confirmed that the applicant is intending to submit a business plan in line with the Rural Economy Strategy to provide a fully commercial equestrian centre. In the light of this it is advised that the Condition no 3 is maintained and the applicant submit a formal planning application for the Change of Use of the stables from ancillary domestic to commercial. This way the change can be advertised and all representations can be received and the commercial consent conditioned accordingly if it is to be granted. The removal of the Condition no 3 could at present leave the Department in the position where it is at best difficult and at worst impossible to control the activity. The case officer is also concerned that if the commercial use of this site is not properly controlled then the Department will be faced with applications for floodlighting or perhaps an indoor school building, all of which would dramatically change the character of the area, contrary to policy C6 of the Jersey Island Plan 2002, and in a way that the present set up does not. This was material in the decision to approve this application in the first instance. | 
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