Les Cascades, La Rue des Haies, Trinity: Determination of Planning Application

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A decision made 11 July 2011 regarding:

Decision Reference: MD-PE-2011-0065

Application Number: P/2010/1893

(If applicable)

Decision Summary Title :

Les Cascades, La Rue des Haies, Trinity.

Date of Decision Summary:

06.07.2011

Decision Summary Author:

Senior Planner

– A Coates

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written & Oral

Person Giving

Oral Report:

Director – Development Control. Department of the Environment

Written Report

Title :

Les Cascades, La Rue des Haies, Trinity.

Date of Written Report:

05.07.2011

Written Report Author:

Senior Planner

– A Coates

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Les Cascades, La Rue des Haies, Trinity.

Change of use of part of Field 1327 from agricultural to domestic curtilage. RETROSPECTIVE: Construct dog kennels.

Decision(s):

To APPROVE the application for the following reason:

Reason(s) for Decision:

The Minister for Planning and Environment considered that the proposed retention of the kennels for a temporary period and associated change of use of agricultural land to domestic curtilage, was acceptable under Policies SP1 and NE7 of the Island Planbut only for a temporary period of 3 years. The Minister noted that the structure can not be viewed from any public vantage point and is sited on an existing and significant area of hard-standing between a tall boundary wall and large agricultural shed. The kennels will not be likely to result in the permanent loss of good agricultural land.

It was also considered that the kennels are well designed and of sufficient distance from neighbouring properties and so shielded by other structures as to not be likely to result in any unreasonable or significant adverse impact upon the amenities of nearby residents.

The Minister paid due regard to the personal medical circumstances of the applicant and took into account doctor’s advice that the applicant should not be subjected to any undue stress.

The Minister also took account of the consultation responses and representations received and of the provisions of the recently adopted Island Plan and has decided to grant a temporary permission of 3 years.

Condition

1. The permission, hereby granted, shall enure for a period not exceeding 3 years, after which time, the kennel structure shall be removed in its entirety from Field 1327.

Reason

1. The kennels have been granted planning permission solely because of the personal circumstances of the occupier of the adjacent dwelling, Les Cascades. The Department considers that a temporary permission is necessary, as a permanent structure of this nature would otherwise be contrary to Policy NE7 of the Island Plan, 2011.

Resource Implications:

There are no resource implications.

Action required:

Issue notification of the decision as appropriate.

Signature:

Senator F E Cohen

PLeg / PT Initials

Position:

Minister for Planning and Environment

Date Signed:

Date of Decision (If different from Date Signed):

Les Cascades, La Rue des Haies, Trinity: Determination of Planning Application

Department of the Environment

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

(This is hidden text it will not print out. Use F11 to move to the next field. Shift -F11 to previous field.)Planning and Environment Department

Report

Application Number

P/2010/1893

Site Address	Les Cascades, La Rue des Haies, Trinity.

Applicant	ComProp (CI) Limited

Description	Change of use of part of Field 1327 from agricultural to domestic curtilage. RETROSPECTIVE: Construct dog kennels.

Type	Planning

Date Validated	30/12/2010

Zones	Countryside Zone Proposed Site Of Special Interest

Policies	SP1 – Spatial Strategy GD 1 – General Development Objectives ERE 1 - Safeguarding Agricultural Land NE7 – Green Zone

Reason for Referral	Panel Call in

Summary/

Conclusion

The proposal represents, in effect, the extension of the applicant’s domestic curtilage into agricultural land within the Countryside Zone. However, the kennel structure that has been erected is entirely upon an area of approved hardstanding and does not impinge upon agricultural operations.

Objections from nearby residents have been received.

The Department recommends approval, for a temporary period of 5 years.

Officer

Recommendation

Approval.

Site Description	Les Cascades is on the northern side of La Rue des Haies and constitutes a large dwelling with a range of outbuildings and agricultural land in the applicant’s control immediately to the north and west of the house. The kennels are on a paved area to the rear of the house, in part of Field 1327.

Relevant Planning History	CU/1996/2249 – Change of use from agricultural land to domestic garden. Refused March 1996. P/2003/2289 – New car-parking yard, amended access, landscaping & walled garden. Approved December 2003. P/2004/1065 – Landscaping, new levels and walls. Approved July 2004. P/2004/1492 – Gardeners’ stores and do house. Approved August 2004. P/2007/1713 – Agricultural shed. Approved June 2009.

Existing use of Land/Buildings	Dog kennels – private.

Proposed use of Land/Buildings	This is a retrospective application.

Consultations	LC &ADS – comment that the dog kennels are not deemed to be an agricultural use and, accordingly, oppose the change of use of this part of the field to domestic curtilage. Historic Environment Team – confirm that the kennels do not have an adverse impact on the setting of the Registered Building. All consultations are attached with the background papers

Summary of Representations	4 letters of representation have been received; 3 of which are from nearby households. Concerns raised are summarised as follows:- - noise from the dogs when vehicles approach. - the kennels are outside of the applicant’s domestic curtilage - changing nature of the agricultural field to more of a domestic situation. The National Trust for Jersey comments on the loss of agricultural land and the fact that this is a retrospective application. All letters of representation and responses are attached with the background papers

Planning Issues	Policy Considerations (What are the presumptions) SP1 – Outside the Built-up Area, planning permission will only be given for (among other things) development appropriate to the countryside and, on greenfield sites, where it meets an identified need and is appropriate to do so. GD 1 – Outlines the material considerations against which all development proposals will be tested, including the need for the highest standard of design and construction. ERE 1 – Presumption against the permanent loss of good agricultural land. NE7 – General presumption against all forms of development, but makes provision for limited ancillary or incidental buildings within the curtilage of a domestic dwelling. The policy presumes against the extension of domestic curtilage which, in effect, this proposal represents. Land Use Implications Although the land immediately north of Les Cascades is paved and forms a courtyard to a large steel framed shed, it lies outside of the domestic curtilage. The land is regarded as being agricultural only and the incursion into Field 1327 for domestic dog kennelling would not be considered acceptable were it not for the personal circumstances of the occupier of Les Cascades. The Department has been in discussion with the occupier’s agent and accepts that there is a genuine reason to allow the temporary siting of the kennels. For reasons of confidentiality, these reasons will not be made public. Size, Scale & Siting (Design Statement submitted?) The existing kennel is a bespoke timber structure measuring 10m x 2.3m with an associated fenced run. The size and scale are as expected for a kennel of this nature. Design & Use of Materials The design and materials are considered to be appropriate to their use and would not be likely to be an issue if the land was within domestic curtilage. Impact on Neighbours The kennels are located 150m from the dwellings to the north (off La Rue des Canons) and are shielded from those houses by the large agricultural shed and by the land levels. The nearest dwellings to the south are approximately 100m away with the applicant’s own dwelling acting as a barrier between the kennels and those properties. The Department does not consider that the kennels would be likely to have an unreasonable impact upon residential amenity and, in any event, any statutory nuisance would be controlled by the Environmental Health Officers. Access, Car parking and Highway Considerations No implication. Foul Sewage Disposal n/a Landscaping issues n/a Other Material Considerations n/a

Officer Recommendation	Approval.

Conditions	1. The permission, hereby granted, shall enure for a period not exceeding 5 years, after which time, the kennel structure shall be removed in its entirety from Field 1327. Reason 1. The kennels have been granted planning permission solely because of the personal circumstances of the occupier of the adjacent dwelling, Les Cascades. The Department considers that a temporary permission is necessary, as a permanent structure of this nature would otherwise be contrary to Policy NE7 of the Island Plan, 2011.

Background Papers	1:2500 Location Plan Letters from Agent 5 letters of representation Consultation response from LC&ADS and from Historic Environment Team.

Endorsed by:

Date: