Field 759, La Rue du Boulivot, Grouville. Change of use of part of field to domestic curtilage. Request for Reconsideration of refusal of planning permission.

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A decision made (26/10/2007) regarding: Field 759, La Rue du Boulivot, Grouville. Change of use of part of field to domestic curtilage. Request for reconsideration of refusal of planning permission.

Decision Reference: MD-PE-2007-0239		Application Number: P/2006/2202 (If applicable)
Decision Summary Title :	Field 759, La Rue du Boulivot, , Grouville,	Date of Decision Summary:		25.09.07
Decision Summary Author:	John Nicholson	Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written	Person Giving Oral Report:		n/a
Written Report Title :	REQUEST FOR RECONSIDERATION of refusal of planning permission	Date of Written Report:		24.09.07
Written Report Author:	John Nicholson	Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Field 759, La Rue du Boulivot, , Grouville Change of use of part of field to domestic curtilage. REQUEST FOR RECONSIDERATION of refusal of planning permission
Decision(s): The above Request for Reconsideration was presented to the Ministerial Meeting of the 31st August, where the Minister deferred his decision to undertake a site visit. The site visit took place on 26th October 2007 and the Minister decided to approve the change of use for one part of the application site and up-hold the refusal for the balance of the site. The approved change of use to domestic curtilage relates solely to the triangle of land as shown edged red on Drawing B. The three sides of the triangle are formed by: the northern boundary of the applicants property; the western boundary of the property to the east, and the line formed by joining the north western corner of the applicants shed, with the north western corner of the curtilage of the property to the east. Permission was not granted for a change in the use of the land outside the red triangle and the applicant was informed that it should not be ‘domesticated’ in any way, but that it may be possible to acquire the balance of the site with the consent of the Land Controls and Agricultural Development Section.
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. It was considered that the grant of permission as a suitable exception to the Island Plan is justified in this instance having regard to all the circumstances of the case. Permission is subject to compliance with the following conditions / reasons: 1. The change of use to domestic curtilage relates only to the land edged red on the attached plan, referenced as Drawing B. The area outside the land edged red must not be domesticated in any way. Reason(s): For the avoidance of doubt, as permission is only granted to change the use of this element of the site.
Resource Implications:
Action required: Notify Agent, Applicant and all other interested parties
Signature:			Position:
Date Signed:			Date of Decision (If different from Date Signed): 26th October 2007

Field 759, La Rue du Boulivot, Grouville. Change of use of part of field to domestic curtilage. Request for Reconsideration of refusal of planning permission.

Planning and Environment Department

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Application Number: P/2006/2202

Request for Reconsideration Report

Site Address	Field 759, La Rue du Boulivot, Grouville.

Requested by	Mr. Stephen Stuart Meldrum	Agent

Description	Change of use of part of field to domestic curtilage. REQUEST FOR RECONSIDERATION of refusal of planning permission

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	1. The proposed change of use of the land to residential curtilage is contrary to Policy C6 of the Jersey Island Plan 2002.

Determined by	Delegated Refused (Assessment attached)

Date	16/05/2007

Zones	Countryside Zone

Policies	C6 – Countryside Zone

Recommendation

Maintain refusal

Comments on Case	The application relates to a narrow triangle of land, on the north side of the property known as Highbury, at the junction of La Rue Jutize and La Rue Du Boulivot in Grouville. The subject land currently forms part of Field 760 and is in agricultural use. The application was refused, as a delegated item, as it is contrary to Policy C6, which establishes “a high level of protection” and “a general presumption against development for whatever purpose” for the Countryside Zone. Policy C6 does also acknowledge that it would be unreasonable to preclude all forms of development, and it then sets out a series of exceptions, which may be permitted where their scale, location and design would not detract from the character and scenic quality of the countryside. The subject change of use, from agricultural to domestic curtilage, is not listed as a possible exception and therefore, irrespective of the assessment of character, it is contrary to policy. In seeking to present a case of the change of use, the applicant has referred to the approval for the extension of the Grouville FC training pitches at Le Boulivot, and the need for adequate screening to form a noise buffer and to block out lighting. No new lighting is proposed as part of the approved football training pitches, and the permission was subject to numerous conditions, relating to hours of use and also requiring adequate on-site planting for screening purposes. It is material to the present considerations that the majority of the relevant boundary to the subject property is already well screened, and the ability exists to provide the missing on-site planted boundary to the elements of the site where there is currently no screening. It is therefore considered that there is no exceptional case to be made. In advising the applicant of the original refusal, the Department informed them of their ability, with the consent of the landowner and of Land Controls and Agricultural Development, to plant trees on agricultural land without a change of use to domestic curtilage being necessary. Therefore, notwithstanding the refusal, their objectives may be deliverable in a manner acceptable to the Planning Department. In submitting their Request for Reconsideration, the applicant refers to other applications where a change of use to domestic curtilage has been approved. However, the circumstances of the quoted applications are not replicated at the subject property. It is a fundamental principle of the planning system that each case is determined on its own merits, on the basis of the policies of the Island Plan, taking into account all material considerations.

Recommendation	Maintain refusal

Reasons	As previously The proposed change of use from agricultural to domestic curtilage is contrary to Policy C6 of the Jersey Island Plan 2002.

Background Papers	1:2500 Site Plan Letter from applicant of 28th June 2007 Original Officer Assessment Report

Endorsed by		Date	20 August 2007