Part of Fields 50 & 63, Cowley Farmhouse, La Route de Maufant, St. Saviour.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (25/09/2008) regarding: Part of Fields 50 & 63, Cowley Farmhouse, La Route de Maufant, St. Saviour.

Decision Reference: MD-PE-2008-0222			Application Number: PP/2007/1799 (If applicable)
Decision Summary Title :	Part of fields 50 & 63, Cowley Farmhouse, La Route de Maufant, , St. Saviour.		Date of Decision Summary:		18.9.08
Decision Summary Author:	Chris Jones		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Part of fields 50 & 63, Cowley Farmhouse, La Route de Maufant, , St. Saviour.		Date of Written Report:		2.4.08
Written Report Author:	Chris Jones		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Part of fields 50 & 63, Cowley Farmhouse, La Route de Maufant, , St. Saviour, , Convert existing barns into 3 No. dwellings. Construct 3 No. dwellings with garaging and landscaping. Block up 3 No. vehicular access. Create new vehicular access onto La Route de Maufant. Refurbish farmhouse to provide 1 No. dwelling.
Decision(s): The planning application was presented to the Ministerial Meeting on 11th April 2008 where it was deferred pending a Ministerial Site Visit prior to the formal decision being taken. The Minister visited the site on 22nd April 2008. The Minister concluded that the Outline Planning application without the proposed linked ‘enabling development’ element of the scheme could be considered and determined at officer level and the Outline Planning Permission was issued under officer delegated powers on 13th October 2008. The Minister deferred his decision in respect of the proposed linked enabling development aspect of the scheme for further consideration. The Minister is entitled to make a decision that is inconsistent with the Island Plan (Article 19.3) provided be considers that there is justification and explains his reasons for doing so. In this particular case, and having taken legal advice in the matter, the Minister concluded that the linked enabling development is an insubstantial departure from the Island Plan and therefore a case that he could determine without the need for a Public Inquiry under Article 12 of the Law. On 18th September 2008 the Minister resolved to approve the proposal for linked enabling development comprising the erection of 2no. dwellings (as opposed to the 3no. dwellings originally proposed). The two new dwellings were to comprise a maximum aggregate floorspace of 4,800 sq ft and unit 7 indicated on the originally submitted drawing no. PP 2007 1799 F, is the unit to be removed from the layout. The Minister confirmed that details of the appearance, which should be traditional in character and siting of the new dwellings were reserved for later approval. In respect of the proposed linked enabling development, the granting of the Outline Planning application will be the subject of the satisfactory completion of a Planning Obligation Agreement to ensure that funds generated from the sale of the Cowley Farmhouse development are used entirely for the development of the Cowley Farm dairy complex and if the Planning Obligation Agreement is not completed within 3 months of the date of this decision, then the planning application shall cease to have effect.
Reason(s) for Decision: Outline Planning Permission for the proposed conversion of the existing barns into 3no. dwellings; the refurbishment of the farmhouse to provide 1no. dwelling; the construction of the garage block and the formation of a new vehicular access has already been granted having taken into account the relevant policies of the approved Island Plan together with other relevant policies and all other material considerations including the consultations and representations received. The Minister, having given careful consideration to the design and conservation issues, and the States decision of 19 July 2005 to adopt the Rural Economic Strategy which embraces the principle of linked enabling development, and having decided that the proposal represented an insubstancial departure from the Island Plan concluded that the proposed development of two new houses would be acceptable subject to the following conditions and reasons. If the development hereby permitted has not commenced within five years of the decision date, this permission shall cease to be valid. Reason: The Minister for Planning and Environment reserves the right to reconsider this proposal consequent on any future change of circumstances or policy. Application for the approval of Reserved Matters, as detailed in condition C, shall be made before the expiration of three years from the date of this decision. Reason: To accord with Article 19(4) of the Planning and Building (Jersey) Law 2002. C. Approval of the details of the siting, design and external appearance of the buildings, means of access thereto and landscaping of the site – hereinafter called the Reserved Matters – shall be obtained by application to the Minister for Planning and Environment prior to any development commencing. Reason: To accord with Article 19(4) of the Planning and Building (Jersey) Law 2002. Condition(s) 1. Before any development first commences on site, details of the proposed construction and location of nesting boxes for birds and roosting arrangements for bats shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full before the development is first brought into use and shall thereafter be retained and maintained as such. 2. Before any development first commences on site, precise details of the proposed surface water drainage arrangements to serve the development hereby permitted shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full and shall be retained and maintained as such. 3. Notwithstanding the requirements of Standard Condition C above, the reserved matters application shall include details of the following for the prior approval of the Minister for Planning and Environment: - Detailed design and siting of the new dwellings - The physical alterations to the buildings and structures - The access and circulation on the site - The parking and garaging arrangements - The amenity space and enclosure arrangements - A full structural survey by an appropriately qualified person demonstrating the stability of the buildings to be converted. Reason(s) 1. To safeguard the natural habitats for birds and bats on site in accordance with the requirements of Policy C13 of the Adopted Island Plan 2002. 2. To ensure satisfactory drainage arrangements in accordance with Policy G3 of the Adopted Island Plan 2002. 3. To ensure that the development is of an appropriate standard in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. INFORMATIVE The permission hereby approved relates to the conversion of the buildings. It does not convey any authority for the demolition of the buildings and their subsequent re-building. In respect of the proposed linked enabling development, the granting of the Outline Planning application will be the subject of the satisfactory completion of a Planning Obligation Agreement to ensure that funds generated from the sale of the Cowley Farmhouse development are used entirely for the development of the Cowley Farm dairy complex and if the Planning Obligation Agreement is not completed within 3 months of the date of this decision, then the planning application shall cease to have effect.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties. Instruct the Law Officers to prepare the Planning Obligation Agreement
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

Part of Fields 50 & 63, Cowley Farmhouse, La Route de Maufant, St. Saviour.

Planning and Environment Department

Report

Application Number

PP/2007/1799

Site Address	Part of Fields 50 and 63, Cowley Farmhouse, La Route de Maufant, St. Saviour.

Applicant	Cowley Wood Ltd

Description	Convert existing barns into 3 No. dwellings. Construct 3 No. dwellings with garaging and landscaping. Block up 3 No. vehicular access. Create new vehicular access onto La Route de Maufant. Refurbish farmhouse to provide 1 No. dwelling.

Type	Planning Principle

Date Validated	23/07/2007

Zones	Countryside Zone Water Pollution Safeguard Area Building Of Local Interest

Policies	G2 –General Development Considerations G3 – Quality of Design G4 – Design Statements G13 – Buildings and Places of Architectural and Historical Interest G15 – Replacement Buildings G16 – Demolition of Buildings C6 – Countryside Zone C13 – Safeguarding Farmland C16 – New Agricultural Buildings and Extensions NR1 – Protection of Water Resources WM2 – Construction and Demolition Wastes Plan

Reason for Referral	Size and scale of development proposal Link to proposed redevelopment of existing dairy farm complex and Cowley Dairy Farm.

Summary/

Conclusion

Cowley Dairy Farm is in urgent need of modernisation and is not compliant with the requirements of impending legislation regarding farm waste storage. To modernise and become viable, the farm requires substantial re-development. However, the farm does not currently generate sufficient profits, nor does the applicant have access to commercial funding for this purpose.

Although submitted separately, the three applications for Cowley Farm house (this application) and the two applications at Cowley Dairy Farm complex, the re-development of the farm complex (P/2007/1936) and the erection of 2no. units of staff accommodation (PP/2007/1974) are also on this agenda and must be considered as a whole. This is because they are all financially and operationally inter-dependent.

The applicant is now in a position where a decision about his scheme is urgently required. The timescales and legislation which are driving his ambitions require his farm to be compliant by the Winter of 2008 and he has confirmed that if the re-development of the farm does not take place this year, then he will have no alternative but to retire from farming.

Officer

Recommendation

Subject to the satisfactory completion of a Planning Obligation to ensure that funds generated from the sale of Cowley Farmhouse development are used for the development of the Cowley Farm dairy complex, OUTLINE PLANNING PERMISSION subject to conditions. If Planning Obligation is not completed within 3 months of the date of preparation, then the planning application shall be returned to The Minister for Planning for further consideration.

Site Description	The existing granite farmhouse comprises 3no. units of residential accommodation, the main house itself and two flats, in a two and a half-storey dormer property. The remaining buildings to the west and north provide storage for the farm and accommodation for young stock. The farm is located off La Route du Maufant. There is evidence that an earlier house stood on the site. This is evidenced by the remainder of a wing facing south. The remains of the former wing are attached by a brick wall. This structure currently provides domestic storage. Land to the south of the building group is domestic curtilage. A silage clamp is located to the west on Field 62. An electricity sub-station is located immediately to the north of the building group. Three vehicular accesses serve the site directly from La Route du Maufant. The first is directly to the north of the group, the second accesses the central courtyard and the third is immediately to the south of the farmhouse.

Relevant Planning History	2007 – Pre-application advice – PA/2007/0705 -The re-development of Cowley Farm to provide four units of accommodation within the existing group of Registered Buildings and the development of three new build properties close to Cowley Farmhouse as enabling development to allow the re-development and rationalisation of Cowley Dairy Farm in order to secure agricultural operations. The development of Cowley Farmhouse is likely to be acceptable in principle at officer level, given the context of Policy C6. However given that no specific information was available and as the buildings are included as Buildings of Local Interest, no view was given on the number of units that may be accommodated. Secondly and at the time, no enabling policy had been adopted and as a consequence, there was no framework in which to promote the new dwellings indicated in the scheme. The applicant was advised that the policy was also likely to stipulate the financial tests required to be applied for the enabling development as well as a test to minimise the impact of any enabling development by siting it close to existing building groups. This has been pursued to some extent, but concerns were expressed over the suburban nature of the layout as well as significant reservations over how the car parking would be provided. Finally, the proposed re-development of Cowley Farm would be likely to be supported at officer level, subject to demonstrating the works required for agriculture, in which case support from the States’ Land Controls and Agricultural Development Section of the Environment Department would be vital.

Existing use of Land/Buildings	Residential development comprising main farmhouse and 2no. flats. Outbuildings and silage clamp.

Proposed use of Land/Buildings	Residential. Conversion of existing barns to 3no. dwellings. Construction of 3no. dwellings with garaging and landscaping. Refurbishment of existing farmhouse to provide 1no. dwelling and creation of new vehicular access off La Route du Maufant involving the blocking up of three existing accesses to the road frontage.

Consultations	TTS (Highways) in their letter dated 18/7/07 state “The existing 3 access points have zero visibility in both directions. The proposed new single access is a major improvement, meeting all requirements. The Department requires that the bank be mo more than 600mm above road level to allow for vegetation growth. To eliminate the future risk of vegetation obscuring the splay, all species planted in the splay must be of a variety that will not exceed the total height of 900mm above road level when fully grown and without maintenance. Any species planted behind the splay must be located at such a distance that they will not encroach on the splay when fully grown and without maintenance.” Parish (Development Applications Committee) in their letter dated 7/8/07 state “We must first of all make the point that this property is in the Countryside Zone which presumes against any new development in it. We have no objection to the re-development of the existing granite barn and refurbishment of the farmhouse for on-going domestic use, providing that all the proposed works are carried out in an appropriate manner sympathetic to the existing building.” Parish (Roads Committee) in their letter dated 28/9/07 state “The Committee has no objection to the conversion and development of Cowley Farmhouse and appurtences as illustrated on drawing no. 266/G/07/SK03.” TTS (Drainage) in their letter dated 31/7/07 state “The existing property has been provided with a foul connection to the public foul sewer in La Route de Maufant and the sewer has capacity to take the extra flow from the proposal. Surface water from the development must be directed to soakaways as there is no public surface water sewer available. It is highly recommended that porosity/percolation tests are undertaken at an early stage to determine whether soakaways will work.” Environment (Ecologist) in their letter dated 30/8/07 state ”At least one swallows nest could be seen in the most westerly barn which was clearly in use. It is likely that there are more swallows nests and possibly sparrow’s nests in the eaves of the barns. Swallows and sparrows are protected under the Conservation of Wildlife (Jersey) Law 2000 and their nests/roosts are protected when they are in use. The conversion works should ideally be carried out after September and completed before the following April before any birds return to any vacant nests. If works are not complete, the building should be made secure to prevent the birds from re-entering. With regard to the farmhouse, we would recommend that if works are commenced prior to September and any active swallows’ or sparrows’ nests discovered, work should be halted immediately ad the steps described above should be taken. It is recommended that provisions area made for the birds to return post-development to find suitable nesting space within the buildings where development has caused the removal of old nests. Appropriate mitigation would include erecting the Schwegler No9A, 9B and 10. Other successful measures include placing small elbow joints to give birds purchase when they construct their own new nests from mud. These measures would ideally be in place by April in preparation for the returning birds following the development’s completion. Although we have no evidence that there are bats present on this site, it is not uncommon for colonies to be resident in these structures that are not discovered until work is under way. The applicant and site workers should be reminded of the fact that all bat species are given strict protection under the Conservation of Wildlife (Jersey) Law 2000 and the bats themselves, or their roost (whether it is occupied at the time or not), are protected from damage or disturbance. It is their responsibility under Wildlife Law to stop work and notify the Environment Division immediately should bats be found, so that mitigation can be arranged. Environment (Dairy and Livestock Advisor) in their letter dated 19/3/08 state “I have seen independent evidence of Cowley Farm’s current profitability, overdraft and borrowing commitments. My assessment of this information is that current business performance and profitability is not an attractive proposition which would enable commercial banks to lend the applicant a further substantial sum of money to redevelop the farm. I have also seen independent documentation establishing that the applicant has no additional assets that could be used to fund the redevelopment of Cowley Farm. I can therefore confirm that the concept of enabling development involving the sale of Cowley Farmhouse is currently the only means by which sufficient funds can be raised by the applicant to rebuild Cowley Farm and secure its future.” Design & Conservation in their letter dated 25/7/07 state “The principle of the proposal of conversion of the outbuildings is potentially acceptable; although I am unable to comment on the appropriateness of the number of units proposed as the information provided does not adequately demonstrate the impact of the conversion. I note that an existing building in front of the house is proposed for demolition - this is contrary to policy and I therefore object in principle to this element of the scheme. I note that the proposed development is submitted as ‘enabling’ the regeneration of the nearby dairy farm. I suggest that inadequate supporting information is provided – if this approach is to be supported by the Department a proper financial analysis should be required to ensure that any enabling development is limited to that which is actually needed. In terms of the actual proposal, again it is not possible to assess its full impact on the historic buildings with the level of information submitted, however, I am concerned that the layout (including buildings, parking and amenity and site boundary treatment) is rather suburbanised and does not reflect the very agrarian character of this area. It is my opinion that any new housing development will have a detrimental impact on the buildings and the wider surrounding, if only by nature of the additional pressure for ‘domestication’ (amenity/parking etc), brought about by the intensified density. Should new development be deemed acceptable to enable the Cowley Farm regeneration, it should respect and compliment the local distinctiveness – I do not feel the proposed scheme achieves this. Object - contrary to G13, insufficient information, partial demolition of a registered building and external alteration works which would adversely affect the character and setting of the registered building.” Design and Conservation in their subsequent letter dated 13/11/07 state “The principle of the proposal compromises the integrity of the group and appears to cause harm to the BLI. The detail of the proposal is far from clear and is not adequately illustrated as noted previously. Object, I am not convinced that the harm to the BLI is justified given that I have seen applications for development close by which have not impacted on the BLI. Could not the additional development be accommodated elsewhere on the holding if the enabling argument is to be supported? Development may be contrary to other policies elsewhere on the holding, but it is contrary to additional policy here. If staff housing was allowed nearby, why can’t this development be associated with that?” Design and Conservation in their subsequent letter dated 4/12/07 state “I need to preface this entire note with the words “in my opinion”. These comments relate to the impact on the historic buildings/group as protected and in relation to policy and practice in that area only. They contribute to the consideration of the whole by the decision maker(s) who will of course weigh all of the material considerations in reaching their decision. Seeking examples of how Jersey farmsteads are laid out is very thorough but somewhat misguided. Jersey Heritage Trust have recently received the thematic study commissioned by them from Jeremy Lake of English Heritage who is an expert on farmsteads and has studied English and French examples as well as Jersey ones to inform his work. Whilst it is clear that there are a number of layouts which can be identified, the one in question is Cowley. One old map has been put forward showing an earlier layout – a further map regression might be instructive. To suggest that new development can be added here to create another different farmstead layout is entirely at odds with philosophy and good practice in relation to the historic built environment. If new buildings are to be added to those which currently exist, then the only acceptable form is the re-use of the properly researched layout of Cowley. Speculative additions are completely inappropriate and unjustified in terms of the protected historic group in relation to Policy G13. Establishing the yield in outline is not an appropriate premise where protected historic buildings are concerned – this pre-supposes that the layouts shown can be lit and ventilated without harm to the character and appearance of the buildings. Providing plans with lots of rooms is all very well but how many of the new openings will be needed to comply with Bylaws. I cannot commit to a layout without knowing what impacts this will have on the historic fabric. In short, my earlier comments and objections stand – I believe that they are clear and address the issues relating to the historic built environment matters of this scheme. They can be considered by the decision makers as part of the whole in the normal way.” Design and Conservation in their subsequent letter dated 11/1/08 state “I still have concerns re the imposition of this new build on the historic group and consider that it causes harm, contrary to Policy G13 – setting.” All consultations are attached with the background papers

Summary of Representations	Planning application advertised in local newspaper and site notice posted. No responses received. All letters of representation and responses are attached with the background papers

Planning Issues	Policy Considerations This site lies within the Countryside Zone as defined by the Island Plan 2002. Policy C6 of the Plan does not allow for the erection of new dwellings unless they are in connection with an established agricultural need. Policy G13 only allows for development affecting Buildings of Local Interest, provided that the character of the building is not unduly affected. Policy C18 of the Island Plan allows for the conversion of traditional farm buildings subject to there being no harm to issues of recognised importance including the character of the building or its surroundings. On 4 February 2008 the Minister for Planning and Environment adopted an Interim Policy for Enabling Development for support of the Island’s Agricultural Industry. That Interim Policy followed the adopted Rural Economy Strategy that identified ways in which the agricultural industry could be assisted in promoting and maintaining its role not only as an economic activity in itself but also its vital role in shaping the landscape. Enabling Development is considered to be development that would otherwise be contrary to established planning policy of the Island Plan that is allowed because the circumstances of the proposal is such that the public benefits clearly outweigh any harm that would be caused by the proposed development… The Strategy and in turn the Interim Policy allows for enabling development that is commensurate with the investment necessary for new facilities to be constructed and as importantly that it must be demonstrated that the subsidy the development might generate could not reasonably be secured by other means and all other matters of recognised importance must be carefully considered in connection with enabling development. As such the Interim Policy requires that enabling development must satisfy all of the following criteria: There must be no significant harm to archaeological, historic, biodiversity or landscape interest of the countryside asset or its constituent features. Fragmentation of the management of the countryside asset should be avoided. The long term future of the countryside asset must be secured. Adequate financial assistance is not available from any other source. It is demonstrated by the applicant that the quantum of enabling development is the minimum necessary to secure the future of the countryside asset and that its form minimises disbenefit. The value or benefit of the survival or enhancement of the countryside asset outweighs the cost to the community of providing the enabling development. The submitted proposal has clearly been prepared so as to accord with the Interim Policy for enabling development. The applicant is fully aware that in normal circumstances the element of the proposal that involves the erection of three free standing new build dwellings within the Countryside Zone would be out of the question. Consequently the submission has sought to address all of the criteria identified within the Interim Policy. As will be discussed below, the proposals for the new dwellings do not significantly harm any archaeological, historic, biodiversity of landscape interest or the setting of important buildings. The countryside asset to which the enabling development relates – Cowley Dairy Farm – will remain in a single ownership/management. Evidence has been provided from the States Agricultural Advisers that the works tied to this development will ensure the long term future of Cowley Dairy Farm and that appropriate financial assistance could not be secured from any other source. Further independent valuations of the enabling development demonstrate that it is commensurate with verified costs for the investment necessary at Cowley Dairy Farm. Whilst the intrusion of the new dwellings into the countryside around Cowley Farm is inevitable it is relatively limited and should be balanced against the security of the long term future of Cowley Dairy Farm and the economic and countryside management benefits that fall directly from that continued functioning of the farm. Land Use Implications The proposals will increase the density of housing development on the site, which will require the encroachment of land from the current domestic curtilage boundaries into the adjoining farmland. This in turn will impact on the existing character and setting of the main farmhouse and outbuildings which have BLI status. Size, Scale and Siting The 3 new units will comprise the following floor area. Unit 5 = 181sqm; Unit 6 = 230sqm and Unit 7 = 131sqm. The units will be three and four bedroomed with garaging and gardens. The remainder of the development will be contained within the existing farmhouse and the adjoining attached outbuildings. The new build will be separated from the existing farmhouse and outbuildings by the new parking/turning court and access drive leading to the new access off La Route du Maufant. Design and Use of Materials The farmhouse remains as is externally, apart from removing the existing box dormers and replacing them with more traditional forms. Given that the application seeks to establish the principle of residential development on the site, the details indicate that any subsequently submitted details will seek to understand the character, context and significance of Cowley Farm, including respecting the architectural and historic interest of the building and its setting and that any development will carefully utilise the existing materials on site such as granite etc. The illustrative details indicate a new build scheme of 3no. dwellings comprising two and a half storey pitched roof dwellings with traditional dormers and chimneys and inter-linked by low pitched roof buildings serving as parking. The principles of this form of development are acceptable, although the low pitch roof interconnecting buildings are considered to be too suburban in their design and appearance. Impact on Neighbours Whilst there are residential properties directly to the east, it is considered that the principles of the proposed development will not have any adverse impact on the amenities and privacy currently enjoyed by the occupants of those properties. Access, Car parking and Highway Considerations The proposal involves the closure of 3no. substandard accesses and the creation of a single access to serve the development. Whilst this will involve the rebuilding of the existing 2m high granite wall to the road frontage and the removal of some existing non-native trees, the new access arrangements are considered acceptable and will improve traffic safety in this location. The illustrative layout plans indicate that each of the 7no. units will have 4no. car parking garage/spaces allocated, together with 2no. visitor parking spaces and adequate turning and manoeuvring provision. This is considered to be acceptable. Foul Sewage Disposal The proposed development will discharge direct to an existing foul sewer system in La Route du Maufant. There are no objections to this arrangement. Surface water would need to be discharged to soakaways and this matter can be controlled by condition. Landscaping issues The site boundaries would comprise new fencing, the details of which are not known. The illustrative layout indicates that shelter planting would be provided on the western, northern and southern boundaries. More substantial and strategic landscaping is to be provided to the farm land as part of the proposals for the re-development of the main Cowley Farm dairy complex. Other Material Considerations Given that the proposals involve the relatively new concept of enabling development, it is important to ensure that the finance generated from the residential development proposals at Cowley Farmhouse are then used to finance the new development of the dairy farm complex. This can be secured by a legally binding Planning Obligation which will encompass all three inter-linked planning applications and ensure that generated finance is used as appropriate. The proposed development will see the displacement of the existing agricultural workers accommodation from the farmhouse. This has resulted in the submission of the planning in principle application for new staff accommodation to be located within the proposed revamped dairy farm complex. If however, the Minister does not support this proposed application for the residential enabling development, then it is unlikely that support can subsequently be given for the proposed new relocated staff accommodation within the dairy farm complex. Aside from the enabling development aspect of the proposals, it is considered that there may be scope to allow the subsequent conversion of the adjoining outbuildings and farmhouse to residential accommodation, provided that aspects of necessary agricultural staff accommodation and the effect on the BLI can be overcome. In isolation, the proposed erection of 3no. new units cannot be supported on policy grounds. The applicant has confirmed that he will be employing a specialist consultant to oversee work in respect of the identification of suitable nesting ledges and artificial sites within adjacent barns to provide mitigation for the loss of any existing sites during construction works.

Officer Recommendation	Subject to the satisfactory completion of a Planning Obligation to ensure that funds generated from the sale of Cowley Farmhouse development are used for the development of the Cowley Farm dairy complex, then GRANT OUTLINE PLANNING PERMISSION subject to conditions. If Planning Obligation is not completed within 3 months of the date of preparation, then the planning application shall be returned to The Minister for Planning for further consideration.

Conditions Reasons	Standard outline conditions relating to the time period for the submission of details of the siting, design and external appearance of the buildings, means of access thereto and landscaping of the site (the Reserved Matters) will be generated automatically on the Planning Permit. Before any development first commences on site, details of the proposed construction and location of nesting boxes for birds and roosting arrangements for bats, shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full before the development is first brought into use and shall thereafter be retained and maintained as such. Before any development first commences on site, precise details of the proposed surface water drainage arrangements to serve the development shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full and shall be retained and maintained as such. To safeguard the natural habitats of birds and bats on site in accordance with the requirements of Policy C13 of the Adopted Island Plan 2002. To ensure satisfactory drainage arrangements in accordance with Policy G3 of the Adopted Island Plan 2002.

Background Papers	1:2500 Location Plan. Pre-application advice letter dated 10/5/07. Consultation Responses.

Endorsed by:

Date: