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A decision made (05/05/2009) regarding: Planning Application - Mont a L'Abbé Nurseries, La Grande Route de Mont a L'Abbé, St. Helier.

Decision Reference: MD-PE-2008-0227			Application Number: P/2008/0067 (If applicable)
Decision Summary Title :	Mont a L'Abbé Nurseries, La Grande Route de Mont A L'Abbé, St. Helier,		Date of Decision Summary:		5.9.08
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 :	Mont a L'Abbé Nurseries, La Grande Route de Mont A L'Abbé, St. Helier		Date of Written Report:		23.6.08
Written Report Author:	Chris Jones		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Mont a L'Abbé Nurseries, La Grande Route de Mont A L'Abbé, St. Helier Demolish bungalow.
Decision(s): The planning application was presented to the Ministerial Meeting on 4th July 2008 where it was deferred pending a Ministerial Site Visit prior to the formal decision being taken. The Minister visited the site on 15th August 2008 and after further consideration of the issues involved, resolved on 1st September 2008 to approve the planning application subject to the satisfactory completion of a Planning Obligation to ensure that the glasshouses and bungalow at Mont a L’Abbé Nurseries are removed in their entirety before development first commences on the La Bonne Aubain Site (P/2008/0120).
Reason(s) for Decision: Permission has 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. Conditions The development shall be carried out strictly in accordance with the deposited plans and drawings. Before any demolition works first commence on site, a method statement for the proposed demolition works of all buildings on site 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. Before any development first commences on site, precise details of the proposed completed site arrangements/land forms following demolition of all the structures shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full. Reasons For the avoidance of doubt and in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. To safeguard the character and appearance of the area and in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. To safeguard the character and appearance of the area and in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.
Resource Implications: None
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):

Planning Application - Mont a L'Abbe Nurseries, La Grande Route de Mont a L'Abbe, St. Helier.

Planning and Environment Department

Report

Application Number

P/2008/0067

Site Address	Mont a L'Abbé Nurseries, La Grande Route de Mont A L'Abbé, St. Helier.

Applicant	Mr G Harris

Description	Demolish bungalow.

Type	Planning

Date Validated	14/01/2008

Zones	Countryside Zone

Policies	G2 –General Development Considerations G3 – Quality of Design C6 – Countryside Zone C20 – Redundant Glasshouses WM2 – Waste Management Strategy

Reason for Referral	Conflicting policy objectives Size and scale of development proposal Ministerial Call-In

Summary/

Conclusion

This application and the planning application for the removal of the glasshouses and the erection of 4no. dwellings are also on this agenda (P/2008/0120) and must be considered in conjunction with this application, given the environmental benefits that can accrue from the demolition of the glasshouses on site and additional landscaping.

Changes in the horticultural industry have led to many glasshouses falling into disuse and eventual disrepair and dereliction. Many owners and growers consider that such circumstances might enable development to be permitted on the site. However, glasshouses are regarded as temporary structures related to the basic horticultural use of the land and subject to the policies for the countryside at large.

It can be argued that the dereliction of glasshouses blights the landscape in many parts of the Island but it is only in exceptional circumstances that such derelict sites will be appropriate for non-agricultural development.

Any re-development of glasshouse sites should therefore be considered on the planning merits of each individual site, judges against a range of criteria identified in the Adopted Island Plan. These will include the degree to which the development can be successfully integrated into the existing built-up area, its accessibility and the capability of the local physical infrastructure and environment to accommodate such development.

In the case of the glasshouse site at Mont a L’Abbe Nurseries, this is in a very sensitive landscape location where replacement development would be entirely inappropriate and the owner’s proposal to remove the glasshouse complex entirely, together with the existing bungalow on site and restore the land back to its original state is supported.

Officer

Recommendation

Subject to the satisfactory completion of a Planning Obligation to ensure that the glasshouses and bungalow at Mont a L’Abbé Nurseries are removed in their entirety before development first commences on the La Bonne Aubain Site, then GRANT PLANNING PERMISSION subject to conditions. If the 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	This application relates to field 1179 which lies on the western side of La Grande Route du Mont a L’Abbé. The site is visually broken into two parts. The eastern portion, nearest the road, is vacant. The western portion currently has four glasshouses on site, together with a single storey bungalow. The site is open to view from both the south and east and has long distance views from Le Mont Cochon to the west. The land slopes gently down from east to west.

Relevant Planning History	2003 – Not determined – PP/2003/2215 - Demolish existing greenhouses and bungalow. Construct 2no. 1 ½ storey 4no. bedroom houses in south east corner of the site. Remainder returned to field. 2001 – Planning Sub-Committee Refusal – PP/2001/0875 – Demolish existing glasshouses and bungalow. Construct 2no. 1 ½ storey four bedroom houses at east end of field. Remainder of field returned to agricultural use. The proposal would be contrary to Island Plan policies C06 and C027 which contain a presumption against any new non-agricultural development on derelict glass house sites within the Agricultural Priority Zone. The proposal is contrary to policy C025 of the Island Plan in that it would result in a permanent loss of agricultural land. The proposed development would be unacceptable because the site is not closely related to a built-up area, does not have good access to services and would constitute an unacceptable intrusion into open countryside, contrary to the criteria set out within Island Plan policy C028. 1999 – Planning Sub-Committee Refusal – PP/1999/2688 – Demolish existing glasshouses/bungalow and outbuildings. Construct 11no. first time buyer housing units with all services. The proposed dwellings would be a prominent and intrusive development in this sensitive location, contrary to policy C06 of the 1987 Island Plan, which contains a presumption against any new non-agricultural development within the Agricultural Priority Zone and harmful to the general character of the area. The proposed development would result in the unnecessary loss of agricultural land, contrary to policy C025 of the 1987 Island Plan. 1989 – Planning Sub-Committee Approval – SC/1989/0593 – Construct 4no. plastic tunnels. Permission was granted for the bungalow on site in December 1980. The agricultural occupancy condition attached was temporarily lifted at the request of Mr. Harris for a period of two years from 7th November 1991. No further requests have been received in relation to the bungalow so consequently, it retains its agricultural occupancy requirement. The file history is uncertain but it is believed that the glasshouses which currently occupy the western portion of the field date from the mid 1960’s.

Existing use of Land/Buildings	Glasshouses, poly tunnels, sheds, outbuildings and detached bungalow.

Proposed use of Land/Buildings	Cleared site, regenerate to natural landscape.

Consultations	Environment (Land Controls and Agricultural Development) in their letter dated 28.4.08 state “It is intended to remove the dilapidated glasshouses fro the site of the nursery thereby making the small staff cottage which used to service the unit, redundant. Therefore no objection is raised to the application, on condition that the land occupied by the glasshouses and small staff cottage is re-instated to agricultural use.” Policy and Projects in their letter dated 19.5.08 state “It is important to recognise the compromises made to the Island’s landscape in allowing glasshouse development to take place in sensitive countryside locations and it is remiss of landowners to expect that the landscape of the Island should be further compromised by allowing permanent development to replace derelict glasshouse structures. Instead, it is reasonable for the Island to expect the owners of these structures who have had the economic benefit of the glass house complex, and, in the case of modern glass, are aware of the disuse and disrepair condition, to have made the necessary financial provision for eventual removal. In the case of older glasshouse structures such as these, which have no disuse and disrepair conditions, the circumstances are potentially more difficult. The Mont A L’Abbé Nurseries site is certainly in a very sensitive landscape location, where replacement development would be entirely appropriate and the owner’s proposal to remove the glasshouse complex entirely and restore the land to its original state is supported. In the instance of Bonne Aubain, where the glasshouse is remote from the built-up area, a limited Category B residential development may be considered acceptable, provided that the development is low density and employs a design, materials and colour appropriate to the setting and any proposal will repair the landscape with a high quality landscaping scheme. For the Minister to use his discretion under Policy C20 and ensure that proposed environmental gain is achieved, the landowner will be required to enter into a planning obligation agreement requiring the existing dwelling, glasshouses, polytunnels etc at Mont A L’Abbé Nurseries be removed and the land restored to its natural state, to the satisfaction of the Minister for Planning and Environment and prior to any development commencing at Bonne Aubain Nurseries.” All consultations are attached with the background papers

Summary of Representations	The application has been advertised on site and in the local newspaper. One letter of objection has been received from the tenant of the existing bungalow on site. The grounds of objection are as follows: There is a shortage of good quality, well priced suitable accommodation; There is a property shortage on the Island and there is no need for the property to be taken off the rental market and destroyed, and Significant improvements have been made to the property and the garden area in recent years. No response received from applicant or agent. All letters of representation and responses are attached with the background papers

Planning Issues	Agents supporting statement “It is imperative that this application and the submitted application for the site at Mont a L’Abbé Nurseries (P/2008/0067) (also on this agenda) are considered together. Both sites are owned by Mr. G. Harris, who has made several applications over the past ten to 15 years to construct dwellings on the La Bonne Aubaine site, all of which have been refused. After lengthy negotiations with senior planners and politicians, it has been suggested that a planning proposal that provides a very significant and positive contribution to landscape character and also a hugely significant 83% reduction in built floor space may well be looked on favourably by the Planning Department. It is clear that the La Bonne Aubaine site is very well screened and hidden from views on almost all sides and the Mont a L’Abbé site is on the contrary highly prominent in the broader landscape and can be seen from a great distance away in a number of different directions. On this basis, it has been decided that to achieve the most effective planning gain in terms of a significant positive contribution to the countryside as a whole, was to remove all traces of any development on the well screened La Bonne Aubaine site. To further enhance this philosophy, it has been decided to design the proposed two buildings in a simple, traditional linear form, utilising traditional self-toned materials to help the proposal blend in successfully with its surroundings. It is also considered that the existing bungalow at Mont a L’Abbé is poorly designed and not appropriate to its rural setting and therefore its removal will benefit this prominent part of the countryside. By suggesting the restoration of this site to natural landscape, it is simply meant ‘open land’ and do not propose providing a landscaping scheme in the future. The applicant has requested that the demolition of the existing bungalow is not carried out until the new buildings are occupied, due to the inevitable 18 month period while the new development is constructed.” Policy Considerations Policy C6 states that the Countryside Zone will be given a high level of protection and there will be a general presumption against all forms of new development for whatever purpose. It is recognised however, that within this zone there are many buildings and established uses and that to preclude all forms of development would be unreasonable. Within this zone, there will be a presumption against the redevelopment of commercial buildings but that exceptions may only be permitted where it is demonstrated that the redevelopment would give rise to substantial environmental gains and a significant contribution to the character of the area. It is expected that such improvements would arise, in particular, from significant reductions in mass, scale and built floorspace, changes in nature and intensity of use, careful consideration of siting and design and a restoration of landscape character. Policy C20 confirms that there is a presumption against the development of redundant and derelict glasshouses for non-agricultural purposes. In exceptional circumstances, the development of redundant glasshouse sites for non-agricultural purposes may be permitted provided that the development can be successfully integrated with the built-up area of St. Helier or an urban or key rural settlement; will not have an unreasonable visual impact or unreasonably affect the character and amenity of the area; is appropriate in scale, form, massing, density and character to the site and its context and will not lead to unacceptable problems of traffic generation, safety or parking. The policy recognises that there are factors affecting the horticultural industry which can cause redundancy and lead to dereliction and the consequent impact this has on the visual amenity of the countryside. It identifies the need to encourage and assist landowners to remove these eyesores and enhances the countryside, but is unclear how this might be achieved. The cost of removing these structures can be considerable, particularly if the site is contaminated and whilst the policy is not specific on the detail of how this might be achieved it implies that some form of enabling development might be considered. The Minister has absolute discretion in respect of making exceptions to Policy C20, however, because the policy is not specific, certain areas require further interpretation and in this respect, it is important to determine what is meant by the terms ‘derelict’ and ‘redundant’ and whether both should apply; it is necessary to understand what constitutes ‘exceptional circumstances’ and it is important to determine the type and extent of ‘non-agricultural development’ that might be acceptable. The terms ‘derelict’ and ‘redundant’ are used in the policy to describe the condition of the glass house structures. However, the policy only refers to the term redundancy when considering non-agricultural development, which could be quite confusing. The terms ‘derelict’ and ‘redundant’ in their own right, can describe quite different circumstances and it is important to be clear about what is meant. Whilst it is likely to be the case that a derelict glasshouse site will almost certainly be redundant; redundancy on its own may simply mean that the grower is no longer willing to invest in the industry and has decided to withdraw. Accordingly, a redundant and derelict glasshouse site is described as being dilapidated, ruined or abandoned, and of no value to the horticultural industry. The glasshouse structure is likely to be old and there are unlikely to be any planning conditions requiring the removal of the structure should it fall into disuse or disrepair. The glasshouses have been surveyed and have generally concluded that the glasshouses are dilapidated and no longer viable to the horticultural industry. If disuse and disrepair conditions are imposed on the original development permit, then enforcement powers are available to the Minister for the removal of glasshouse structures. There are no conditions attached relating to this complex. In instances where disuse and disrepair conditions do not exist, the Minister may resort to using Article 86 of the Planning and Building Law 2002, to require the removal of the glasshouses where they are adversely affecting the amenities of the Island. No compensation is payable under this article. However, it is a very draconian measure particularly if a more equitable solution can be found using Policy C20. In this particular instance, the removal of the glasshouses does not require planning permission. Land Use Implications The removal of glasshouses, detached bungalow and outbuildings from site and regenerate to natural landscape is a positive benefit to the landscape. Size, Scale & Siting The detached bungalow is sited adjacent to the glasshouses Design & Use of Materials The detached bungalow is a rendered and tiled dwelling with little or no architectural merit. Impact on Neighbours Whilst the demolition of the existing bungalow will not impact on any immediately adjoining neighbours, its demolition together with the removal of the other structures on site will visually improve the character and appearance of the area. Access, Car parking and Highway Considerations There are no considerations. Foul Sewage Disposal There are no considerations. Landscaping issues There are no landscaping proposals. It is proposed to simply re-generate the site back to its natural state. Other Material Considerations Whilst the comments of the existing tenant of the bungalow have been carefully noted, in terms of the wider strategy of seeking visual improvements to the site, the demolition of an unattractive structure is supported. In any event, records indicate that the bungalow has an agricultural occupancy condition attached to it which links its occupancy to the use of the glasshouse site for agricultural purposes and whilst the existing tenants are not agriculturists, once the glasshouses are removed, the requirement for the bungalow technically becomes redundant. The applicant has requested that the demolition of the existing bungalow at Mont a L’Abbé is not carried out until the new buildings are occupied, due to an 18 month period when the new development is constructed. However, to ensure that there can be no potential issues involving the retention of the existing bungalow on site at a later date, the Planning Obligation will require that all buildings are removed from the site before any development first commences on site.

Officer Recommendation	Subject to the satisfactory completion of a Planning Obligation to ensure that the glasshouses and bungalow at Mont a L’Abbé Nurseries are removed in their entirety before development first commences on the La Bonne Aubain Site, then GRANT PLANNING PERMISSION subject to conditions. If the 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	Before any demolition works first commence on site, a method statement for the proposed demolition works of all buildings on site 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 character and appearance of the area and in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

Background Papers	1:2500 Location Plan Consultation Responses Letters of objection

Endorsed by:

Date: