Agricultural Shed, Castel Sedement, La Rue de la Falaise, Trinity. Change of use to depot.

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A decision made (27/11/2007) regarding: Agricultural Shed, Castel Sedement, La Rue de la Falaise, Trinity. Change of use to depot.

Decision Reference: MD-PE-2007-0283		Application Number: P/2007/1773 (If applicable)
Decision Summary Title :	Agricultural Shed, Castel Sedement, La Rue de la Falaise, Trinity	Date of Decision Summary:		04.10.07
Decision Summary Author:	Lawrence Davies	Decision Summary: Public or Exempt?		Public
Type of Report: Oral or Written?	Written	Person Giving Oral Report:		N/A
Written Report Title :	Agricultural Shed, Castel Sedement, La Rue de la Falaise, Trinity	Date of Written Report:		23.08.07
Written Report Author:	Lawrence Davies	Written Report : Public or Exempt?		Public
Subject: Agricultural Shed, Castel Sedement, La Rue de la Falaise, Trinity Change of use of redundant agricultural shed to depot.
Decision(s): The Minister approved the application.
Reason(s) for Decision: Having regard to all of the relevant factors, the Minister considered the proposal to be acceptable. 1. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2006, or any subsequent amendment thereto, the building in question shall be used as a secure vehicle depot only and for no other use. 2. The use hereby permitted shall cease on or before 06/09/2010 and the building restored to its former agricultural use. 3. The building shall not be sub-divided or sub-let to form smaller individual units without the prior formal planning consent of the Minister for Planning and Environment. 4. No outside storage or display of materials, waste, machinery, or vehicles, shall take place on the site unless otherwise agreed in writing with the Minister for Planning and Environment. 5. Notwithstanding the provisions of Article 10 of the Planning & Building (Display of advertisements) (Jersey) Order 2006, no advertisements are to be displayed on the premises the subject of this application unless a separate application has been submitted to and permitted by the Minister for Planning and Environment. 6. No uses which require to be serviced by vehicles with special "P" plates shall be carried on from this building/site. 7. The depot use hereby permitted shall not operate outside the hours of 08:00 and 17:30 Monday to Friday and 08:00 and 13:00 Saturday. There shall be operation at all on Sundays or public Holidays. 8. There shall be no trading or display of goods or structures, washing or servicing of vehicles or sorting of skips on the forecourt of the premises hereby approved. 9. There shall be no retailing from any part of the premises/site to which this permit relates. 10. The permission hereby granted shall enure solely for the benefit of 'Fetch and Karrie Ltd', and shall not enure for the benefit of the land nor of any other person or persons for the time being having an interest therein. For the avoidance of doubt, the facility hereby approved must operate in the manner described in the applicants' letters to the department dated 12/07/2007 and 15/08/2007. Reason(s) 1. This Change of Use has been approved as a secure vehicle depot only. A different use may harm the character of the surrounding area and the Minister requires to retain control over the use of the building in the interests of the character of the area and the amenities of adjoining properties. 2. Permission has been granted for a temporary period of 3 years only. This will allow the shed's former agricultural use to be reinstated if necessary, in the interests of the agricultural industry. 3. Permission has been granted on the basis that the building is to be used as a whole. Subdivision is likely to increase the intensity of the use of the site, vehicle movements, and the likelihood of disturbance and external storage. The Minister therefore requires to retain control over the nature of the use of the building. 4. To control the use of open land within the site in order to protect the visual amenities of the surrounding area. 5. To avoid any detrimental impact on the character of the area. 6. To avoid danger to highway safety and to protect the roads from damage. 7. To protect the amenities of occupiers of neighbouring properties and the area. 8. To protect the visual amenities of the surrounding area. 9. The Minister for Planning and Environment considers that the introduction of such a use in this location will be damaging to the character of the area through the increase in vehicular activity generated, and would not comply with the Minister's retailing policies. 10. The permission hereby granted is for a form of development not normally permitted by the Minister and having regard to the personal circumstances of the applicants. An alternative user may be unable to operate a similar use of the site without causing unacceptable harm to neighbouring interests.
Resource Implications:
Action required: Case Officer to issue planning permit and notify other interested parties
Signature:			Position: Minister
Date Signed:			Date of Decision (If different from Date Signed): 28th September 2007

Agricultural Shed, Castel Sedement, La Rue de la Falaise, Trinity. Change of use to depot.

Planning and Environment Department

Report

Application Number

P/2007/1773

Site Address	Agricultural Shed, Castel Sedement, La Rue de la Falaise, Trinity.

Applicant	Fetch & Karrie Ltd

Description	Change of use of redundant agricultural shed to depot.

Type	Planning

Date Validated	19/07/2007

Zones	Countryside Zone Water Pollution Safeguard Area

Policies	G2 – General Development Considerations C6 – Countryside Zone C19 – Change of Use or Conversion of Modern Farm Buildings

Reason for Referral	Level and degree of objection Nature and location of development proposal

Summary/

Conclusion

Permission was recently granted for the change of use of the large shed on the site from agriculture to dry storage (the shed’s redundancy to the agricultural industry, at least for the present time, having been demonstrated to the Minister’s satisfaction.) The owner, having marketed the shed since this time and now with a specific user in mind, is now seeking to change the use to a secure vehicle depot for a local firm.

A number of objections have been received from concerned nearby residents who fear that such a use will generate unacceptable levels of disruption and general disturbance in what is a scenic part of rural Trinity. The manner in which the change of use application has come about is also questioned.

However, the company on whose behalf this application has been made (Fetch and Karrie Ltd) have set out the manner in which they propose to operate their business from the site and, therefore, it is considered that such fears are unfounded. Fetch and Karrie Ltd’s use of the site is likely to be generally low key (a secure vehicle depot only) and thus compatible with the rural nature of the site.

Officer

Recommendation

APPROVE subject to conditions

Site Description	The shed is located in the Trinity countryside about ¼ mile to the south of the main road, La Rue es Picots.

Relevant Planning History	The agricultural shed and attached staff unit were approved in 1989 (9278/C/1/0). P/2004/1431 – previous application for a change of use on the site. This application was refused on grounds that the redundancy had not been demonstrated and that there was some demand for the building at the time. P/2007/0168 – most recently an application was made for a change of use to dry storage. The redundancy of the shed was proved to the satisfaction of the Minister and a 3 year change of use was permitted subject to standard conditions.

Existing use of Land/Buildings	Agricultural shed (currently empty) Permission recently given for temporary (3-yr) dry storage use

Proposed use of Land/Buildings	Change of use to vehicle depot for ‘Fetch and Karrie Ltd’

Consultations	The Parish, in their letter dated 27th July 2007, state that the shed has been empty and not used for agriculture for many years. Provided that the vehicles accessing the site do use a certain route then the Parish are happy to support the application. Environmental Health, in their letter dated 15th August 2007, state that they believe it is possible for the site to be operated in the manner proposed without causing a nuisance (ie as a base for vehicles and the storage of equipment). Any other use eg sorting skips, or the use of machinery may cause problems and the application should be carefully considered. They make recommendations with regard to audibility of plant and equipment. Following concerns that the site is located in an archeologically sensitive area, the Principal Historic Buildings Advisor has commented on the application. However, because the application only concerns the change of use of a building (ie there are to be no physical works involved), then the issue of archaeology is not deemed to be significant. Jersey Water, in their letter dated 25th July 2007, state that they have no comment to make on this application. TTS Drainage, in their letter dated 02nd August 2007, state that the site is served by a private foul pumping installation connecting to the pubic foul sewer. Any increase in occupancy may reduce the 24hr capacity of the pumping chamber in cases of emergency. LC & ADS, in their letter dated 09th August 2007, state that previously (as part of application P/2007/0168), the Rural Economic Strategy Group did not object to the change of use to dry storage as the shed’s redundancy was satisfactorily proved. Therefore, there is no objection on this occasion. Previous comments made in connection with that application were as follows; LC & ADS, in their letter dated 15th February 2007, state that “the size, construction and access of the building is compatible with today’s modern farm machinery and methods and would be useful for seed potato and machinery storage”. They suggest that the applicant has not demonstrated the redundancy of the shed to the agricultural industry (in line with departmental policy) and therefore they object to the application. In light of these comments, the applicant went on to re-advertise the shed for rent and did not receive a firm response from the agricultural industry. Following this, the Rural Economic Strategy (RES) Group reconsidered the matter and, in a second letter dated 03rd May 2007, LC & ADS state that “although the shed is of a useful size, 5000 sq ft, the RES Group recognise that…in this instance there was no response to the advertisements” and that “this particular shed is not required by the industry at this time. Therefore, the RES Group remove the objection to the application and recommend that a three year temporary permit be issued”. All consultations are attached with the background papers

Summary of Representations	5 letters of objection have been received by the department. Points raised are as follows; It is distressing to note that a shed which was specifically approved for agricultural use has been left inactive. The agricultural use should be retained in perpetuity. The suggestion has been made that ‘underhand’ tactics have been employed by the owner to prove the shed’s redundancy to agriculture. A number of farmers have applied to rent the shed over the years but have been unable to agree terms with the owner. In light of the recent approval, this application should now be for change of use form dry storage to transport depot. The proposal represents an unacceptable increase in traffic in the narrow country lanes which are already busy. There are fears for pedestrian safety as a result. Another change of use would set a precedent for further changes of use in the future or possibly further development of this site (eg workshops or further sheds). The use proposed by Fetch and Karrie is unacceptable owing to the large and unsuitable vehicles operated and the continuous nature of operation. Noise pollution would be a problem (ie sirens and engines) and the vehicles parked continuously in the yard would be an eyesore. The long working hours (presumably 12hr daily) would be distressing and floodlighting would be required in winter months. The firm also clean oil drums and will wash their vehicles in the yard – this is unacceptable in the Water Pollution Safeguard Area. It is suggested that an environmental impact assessment is necessary. The use proposed is completely unacceptable and out of keeping in such a sensitive and scenic rural location and would be harmful to wildlife. There are other more appropriate sites for this use – is it not States’ policy to preserve countryside areas and green lanes? The site has recently been designated as an archaeological SSI (part of the Castel Sedeman Earthworks) – surely an industrial use is inappropriate in such an area. Following these concerns, the applicants submitted a letter elaborating on the nature of their business namely that; for health and safety and environmental reasons they do not clean oil drums and tanks on site (and nor do they plan to); there is no intention to wash down vehicles on the site &; the vehicles operated are not P30’s and therefore access to the site is not problematic. The applicants are happy to comply with the recommendations of the Parish constable as regards the route to be taken to the site. Following the suggestion that ‘there are more accessible and more fitting sites’ this is simply not the case – the applicants have been searching for a site for quite some time. This is an ideal site and there will not be a detrimental impact on any neighbours. All letters of representation and responses are attached with the background papers

Planning Issues	Policy Considerations Policy G2 states that the proposed development will not unreasonably affect the character and amenity of the area, will not have an unreasonable impact on the amenity of neighbouring uses and will not lead to unacceptable problems of traffic generation, safety and parking. Policy C6 presumes against all forms of new development for whatever purpose. However, it does allow for conversions of existing buildings to appropriate and non-intrusive commercial uses. Policy C19 states that applications for the change of use of modern farm buildings will normally be permitted where they are at least five years old and where the redundancy to both the farm unit and to agriculture as a whole is proven, by the applicant, to the Minister’s satisfaction. As part of the previous application, the applicant submitted a covering letter providing background and context to that application, together with supporting evidence relating to the issue of redundancy. The redundancy was conceded and the shed now has an live permit for change of use to dry storage for a temporary period of 3 years. Land Use Implications The application proposes the change of use of an agricultural shed to a vehicle depot and equipment store for a local firm. The redundancy of the shed has been proven to the Minister’s satisfaction as part of the previous recent application. Size, Scale & Siting Not relevant – this is a change of use application only and no physical works are proposed. Design & Use of Materials Not relevant – this is a change of use application only and no physical works are proposed. Impact on Neighbours In the applicants’ covering letter it states that the shed is required as a secure base for the storage of the firm’s vehicles overnight or when not in use. The firm operates two HIAB cranes and three small tipper trucks, none of which requires a special ‘P30’ registration plate. The company employs just four members of staff who take the vehicles to a series of jobs throughout the day and return to the shed at the end of the day. Work hours are typically 8am to 4.30pm and no staff would actually be based at the depot. Additional comments regarding the nature of the operation were made in a second letter, the details of which have already been noted above. Provided that the business operates in the manner set out in these letters, then the impact on neighbours would seem to be minimal and the use proposed is considered acceptable. Access, Car parking and Highway Considerations The firm operates a small number of vehicles and only wishes for the Castel Sedement site to serve as a secure overnight depot for its vehicles; they will predominantly be leaving first thing and returning at the end of the working day. Movements throughout the day will be limited. The firm do not operate any large P30 (it was a requirement of the original dry storage change of use application that P30’s would not be allowed to access the site). As noted, the access to the shed should be conditioned to be in line with the recommendations of the Constable and the Parish Roads Committee (ie from Rue es Picots and along Rue de la Falaise). The applicants have confirmed that they are happy to abide by these recommendations. There is a large external yard as part of the site. Foul Sewage Disposal Foul sewer Landscaping issues n/a Other Material Considerations none

Officer Recommendation	APPROVE subject to conditions

Conditions/ Reasons	1. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2006, or any subsequent amendment thereto, the building in question shall be used as a secure vehicle depot only and for no other use. 2. The use hereby permitted shall cease on or before 06/09/2010 and the building restored to its former agricultural use. 3. The building shall not be sub-divided or sub-let to form smaller individual units without the prior formal planning consent of the Minister for Planning and Environment. 4. No outside storage or display of materials, waste, machinery, or vehicles, shall take place on the site unless otherwise agreed in writing with the Minister for Planning and Environment. 5. Notwithstanding the provisions of Article 10 of the Planning & Building (Display of advertisements) (Jersey) Order 2006, no advertisements are to be displayed on the premises the subject of this application unless a separate application has been submitted to and permitted by the Minister for Planning and Environment. 6. No uses which require to be serviced by vehicles with special "P" plates shall be carried on from this building/site. 7. The depot use hereby permitted shall not operate outside the hours of 08:00 and 17:30 Monday to Friday and 08:00 and 13:00 Saturday. There shall be operation at all on Sundays or public Holidays. 8. There shall be no trading or display of goods or structures on the forecourt of the premises hereby approved. 9. There shall be no retailing from any part of the premises/site to which this permit relates. 10. The permission hereby granted shall enure solely for the benefit of 'Fetch and Karrie Ltd', and shall not enure for the benefit of the land nor of any other person or persons for the time being having an interest therein. For the avoidance of doubt, the facility hereby approved must operate in the manner described in the applicants' letters to the department dated 12/07/2007 and 15/08/2007. Reason(s) 1. This Change of Use has been approved as a secure vehicle depot only. A different use may harm the character of the surrounding area and the Minister requires to retain control over the use of the building in the interests of the character of the area and the amenities of adjoining properties. 2. Permission has been granted for a temporary period of 3 years only. This will allow the shed's former agricultural use to be reinstated if necessary, in the interests of the agricultural industry. 3. Permission has been granted on the basis that the building is to be used as a whole. Subdivision is likely to increase the intensity of the use of the site, vehicle movements, and the likelihood of disturbance and external storage. The Minister therefore requires to retain control over the nature of the use of the building. 4. To control the use of open land within the site in order to protect the visual amenities of the surrounding area. 5. To avoid any detrimental impact on the character of the area. 6. To avoid danger to highway safety and to protect the roads from damage. 7. To protect the amenities of occupiers of neighbouring properties and the area. 8. To protect the visual amenities of the surrounding area. 9. The Minister for Planning and Environment considers that the introduction of such a use in this location will be damaging to the character of the area through the increase in vehicular activity generated, and would not comply with the Minister's retailing policies. 10. The permission hereby granted is for a form of development not normally permitted by the Minister and having regard to the personal circumstances of the applicants. An alternative user may be unable to operate a similar use of the site without causing unacceptable harm to neighbouring interests.

Background Papers	1:2500 Location Plan all consultation responses all letters of represntation and applicants’ response

Endorsed by:

Date: