Field 846B, Ruelle Corbel, St. Lawrence

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A decision made to grant planning permission for Field 846B, Ruelle Corbel, St. Lawrence.

Subject:	Field 846B, Ruelle Corbel, St Lawrence Minister for Planning and Environment’s determination of planning application to construct a single storey dwelling
Decision Reference:	MD-PE-2007-0225	Exempt clause(s):		n/a
Type of Report (oral or written):	Written report to Public Hearing.	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		PP/2007/0819
Written Report Title:	Construct a single storey dwelling at Field 846B, Ruelle Corbel, St Lawrence	Written report – Author:		Richard Glover
Decision(s Notwithstanding the report presented at the Ministerial Hearing the particular circumstances of the applicant gave rise to the Minister supporting the application. In particular the disability of the applicants’ child and the evident long term needs as the child grows into adulthood give rise to a situation that needs to be considered and addressed in the context of the next 20 to 30 years at least. These circumstances along with the limited impact the dwelling would have on the area, being located close to the existing settlement boundary, lead to support for the proposal subject to an appropriate design and materials being achieved in the context of the design requirements of the dwelling. The fee for the application should be refunded and any subsequent full application would not attract a fee.
Reason(s) for decision: The particular long term needs of the applicants’ family and the discreet location of the dwelling establish a set of circumstances that allow the setting aside of the Policies of the Island Plan.
Action required: Issue decision notice with conditions normally attached to an outline permission, controlling the submission of reserved matters. Advise other interested parties
Signature: (Minister)			Date of Decision: 13 July 2007

Field 846B, Ruelle Corbel, St. Lawrence - grant permission

Planning and Environment Department

Report

Application Number

PP/2007/0819

Site Address	Field 846B, Ruelle Corbel, St. Lawrence.

Applicant	Mr and Mrs W Newton

Description	Construct single storey dwelling.

Type	Planning Principle

Date Validated	10/04/2007

Zones	Green Zone

Policies	G2 –General Development Considerations C5 – Green Zone

Summary/

Conclusion

This site lies within the Green Zone as defined by the Island Plan 2002. New build dwellings are only acceptable in such areas if they can be shown to be essential for the purposes of agriculture and there are no claimed links between this proposal and the agriculture industry. The applicants have outlined their specific circumstances relating to their child who has disabilities and they consider that this development is the only way they can secure appropriate and suitable accommodation. Whilst the personal circumstances of an applicant should not be ignored they should never be a determinative factor in considering a planning application and as such refusal is recommended on the planning merits of the proposal.

Officer

Recommendation

REFUSE

Site Description	The site is an open field accessed via a private track at the southern end of St Peter’s Valley. To the south and east is residential development with sporadic housing to the northwest.

Relevant Planning History	None

Existing use of Land/Buildings	Open field

Proposed use of Land/Buildings	Single dwelling

Consultations	TTS (Highways) have significant concerns over the standard of the junction of the access track with the adopted road. However T&TS recognise that the intensification of use of the access should be considered rather than the standard of the access in absolute terms. Parish no comment but point out the site is within the Green Zone TTS (Drainage) in indicate that there is likely to be access to the mains sewerage system LC&ADS indicate that the site is not agriculturally viable and has no agricultural restriction placed upon it. All consultations are attached with the background papers

Summary of Representations	One formal letter of representation has been received objecting to the proposal on the grounds that the site is within the Green Zone as identified by the Island Plan2002. All letters of representation and responses are attached with the background papers

Planning Issues	Policy Considerations The site lies within the Green Zone as defined by the Jersey Island Plan 2002. Policy C5 of the Plan carries a general presumption against all forms of development for whatever purpose except for those in connection with established buildings and uses or uses which must occur outside the Built-Up Area. The policy clarifies for the avoidance of doubt that new dwellings will not normally be permitted unless it can be shown to be essential to meet agricultural needs. Policy G2 of the Island Plan allows for development where, amongst other things, they do not harm the visual amenity of the area and will not lead to unacceptable problems of traffic generation, safety or parking. Land Use Implications Development of this site would lead to the loss of an open field. However the field is not agriculturally viable and has no agricultural conditions imposed. Size, Scale and Siting Whilst this application has been submitted seeking only to establish the principle of development, indicative floor plans have given an indication of the size, scale and siting of the property. The plans describe a single storey dwelling similar in footprint to surrounding properties and sited so as not to present any potential harm to the amenity of surrounding properties. Design and Use of Materials Given that this application is in principle, no details of elevational treatment finishes have been submitted. Impact on Neighbours There would be no significant impact by this property on neighbours. Access, Car parking and Highway Considerations Access to this proposed dwelling is by way of an existing private track. The junction of the track with La Vallee de St. Pierre is very poor with nearside vehicle visibility less than 20m and zero pedestrian visibility in both directions. However, despite this substandard junction arrangement the track serves a total of 18 existing dwellings. The addition of a further dwelling to the usage of the junction is unlikely to significantly increase the potential for accidents at the junction. As such whilst far from ideal, it would be unreasonable to resist this proposal on highway safety grounds. Foul Sewage Disposal Connection can be made to the existing foul sewage system Landscaping issues As this application is in principle, no details of landscaping treatment have been submitted. Other Material Considerations As indicated in the Policy Considerations above, given the site’s location within the Green Zone, no application for a dwelling – unless demonstrated to be essential for agriculture - should be allowed. The applicants were fully aware of this situation prior to making this application but have put forward circumstances that they feel should outweigh the general presumption against allowing any development. The applicants have a 6 year old child with Spina Bifida who requires attention and care that is demanding and difficult. They are concerned that this will only become more onerous as he grows and that they would like to provide a home environment as convenient and comfortable as possible in light of Harry’s circumstances. They were owner/occupiers until approximately 3 years ago when the physical constraints of their house became increasingly awkward to provide care and so they moved into rented accommodation to ease the burden of caring. This information was submitted during correspondence prior to the application being submitted. The application as submitted included correspondence from the State’s Occupational Therapy service and Housing Department along with a letter from Brunel Management Limited on behalf of the Jersey Homes Trust. Each of these letters adds to the picture of the applicants’ circumstances. The Occupational Therapy communication indicates the type of specialist features for any dwelling required in order to give the best care to the child. States Housing confirms that as of December last year the personal circumstances of the family were such that they could not be included on the States waiting list for accommodation and that the availability of suitably adapted dwellings provided by the States is extremely limited. Housing do indicate that the situation could be reviewed if evidence is provided that the applicants have tried to secure appropriate accommodation in the private sector but been unable to do so. Brunel Management Ltd on behalf of the Jersey Homes Trust indicated in September 2006 that they could not offer the applicants accommodation that matched their specific requirements. Given the above the applicants claim that the only way they can provide appropriate and suitable accommodation in order to care for their child is for them to erect a purpose built property on land owned by their family. They have previously claimed that to purchase either a plot of land which would normally be granted permission for development or to purchase and then adapt a property on the open market would be unaffordable. However the information submitted is not exhaustive in terms of the applicant’ efforts to secure accommodation that prioritises the needs of their child. Certainly other families are able to secure accommodation and in doing so may well have to make compromises to other considerations. Whether this has been fully and reasonably explored is not clear. The site is identified as part of the Green Zone on the Jersey Island Plan 2002. The purpose of the Island Plan is to establish a framework of policies to ensure a successful economy and to protect and enhance the quality of the local environment and the welfare of the local community as a whole. This means that the Plan and in turn the Planning system operates for the community as a whole and not on the basis of the needs or circumstances of individuals. This principle has been validated by a judgement relating to similar circumstances in The Royal Court that stated “the personal circumstances of an applicant should not be ignored but they should rarely carry any weight and never be a determinative of an (planning) application”. The areas designated as Green Zone in the Plan are given a high level of protection with a general presumption against new development for whatever purpose. Land in the Green Zone has been recognised as being particularly sensitive to the effects of intrusive development. There is no encouragement for new residential development within the Green Zone in the policies of the Plan as there is considered to be adequate development land either within the existing built up area or identified by the Plan itself. It should be added that the Green Zone allocation primarily controls the principle of development and the prominence or otherwise of a development whilst important should only be addressed after any issues of principle have been satisfied. Through the States Occupational Therapy Service the special needs of individuals is carefully assessed and where appropriate a strategy of assistance established. If appropriate this can result in help through the attendance of health professionals and can also be augmented with help at a more practical level in providing assistance in securing adapted accommodation either from Housing or a Housing Trust. Whilst some evidence that this has been pursued has been submitted it is not clear whether this avenue has been exhausted. Whilst noting the circumstances of the applicants these should not be a determinative factor in considering the application which should be judged against the Policies of the Island Plan.

Officer Recommendation	REFUSAL

Conditions/ Reasons	The site lies within an area identified as Green Zone in the Island Plan 2002. Within such areas there is a strong presumption against any development and the proposal does not accord with any of the circumstances that would allow development in such an area.

Background Papers	1:2500 Location Plan (Also include correspondence from Case Officer – Possibly [pre-application advice & any other relevant material)

Endorsed by:

Date: