Cliffside House, Rue du Catel, Trinity

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A decision made (02.03.07) tp approve planning permission for Cliffside House, Rue du Catel, Trinity.

Subject:	Cliffside House La Rue du Catel Trinity Alterations to vehicular access.
Decision Reference:	MD-PE-2007-0121	Exempt clause(s):		n/a
Type of Report (oral or written):	Written	Person Giving Report (if oral):		Roy Webster
Telephone or e-mail Meeting?	n/a	Report File ref:		P/2006/1240
Written Report Title:	Request for Reconsideration of refusal of planning permission	Written report – Author:		Elizabeth Ashworth
Decision(s) Approve
Reason(s) for decision: The Minister reconsidered the application and visited the site following a previous request for reconsideration deferral on 22 February with the Assistant Director (Development Control) and Principal Planner (Appeals) in attendance. The Minister decided that given that permission had previously been given by the Sub-Committee for a change of use of this field to garden area it was difficult to sustain a refusal.
Action required: Permit issued conditional upon surface treatment to drive not to be tarmacadam.
Signature: (Minister)			Date of Decision: 02.03.07

Cliffside House, Rue du Catel, Trinity - approval

Application Number: P/2006/1240

Request for Reconsideration Report

Site Address	Cliffside House, La Rue du Catel, Trinity.

Requested by	Mr & Mrs. D Ransom	Agent	RIVA ARCHITECTS

Description	Alterations to vehicular access. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	1. The development proposed, because of its location and impact would be harmful to the character of the Green Zone and therefore fails to satisfy the criteria of Policies C5, G2 and G3 of the Island Plan 2002. 2. The visibility lines to the west of the proposed new access are unachievable as the land is outside the ownership of the site owner.

Determined by	Delegated Refused

Date	19/07/2006

Zones	Green Zone

Policies	C 5 Green Zone G2 General Development Considerations

Recommendation

Maintain refusal

Comments on Case	In 2004 a new entrance and parking area was approved in the area of garden to the south of the existing property. This was not undertaken. Also in 2004 an application to form a driveway along the southern boundary of Field 1434 and to use the field entrance was refused and this refusal was maintained by the Committee at a Request for Reconsideration Meeting in February 2005. Later in 2005 an application was submitted to change the use of a field to the west of Cliffside House to domestic curtilage. The Officer recommendation was to refuse consent as this was contrary to Policy C13, loss of agricultural land, and the domestic incursion into Field 1434 would result in a detrimental impact on the character of the Green Zone. However the Sub-Committee visited the site and approved the change of use on condition that the existing tree and hedge planting on the roadside was maintained and supplemented with additional planting and that the boundary to the west was planted with indigenous trees and hedging. The main concern of the Committee was the impact on the character of the area and given the history of the site as described above, the current request for reconsideration does not sit favourably. It is the creeping urbanisation of the countryside by allowing former agricultural land to be used as domestic gardens and the formation of a driveway and the re-opening of an existing field access which would have an adverse impact on the character of the area. Notwithstanding the requirement to supplement existing planting, the proposed driveway and access go against the spirit of Policies C5 and G2 which require that any development that may be permitted must not unreasonably affect the character and amenity of the area. In addition it must not have an unreasonable impact on the local environment by reason of visual intrusion; and must not detract from or unreasonable harm the visually sensitive character and scenic quality of this zone. The Minister has recently won a case in the Royal Court whereby the applicant wished to form a driveway through a field, and although the siting of the driveway is not directly comparable, the circumstances of this case do not outweigh the maintenance of a refusal.

Recommendation	Maintain refusal

Reasons	As previous reason 1 (The applicant is apparently in the process of purchasing the adjoining field to the west over which sight lines run)

Background Papers	1:2500 Site Plan Letter of applicant File note of history

Endorsed by		Date	22 November 2006