Egypte Farm, La Rue d'Egypte, Trinity: Appeal Decision P/2015/0978

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A decision made on 19 October 2021

Decision Reference: MD-PE-2021-0065

Application Reference: P/2015/0978

Decision Summary Title:

Appeal Decision – Egypte Farm, La Rue d’Egypte, Trinity

Date of Decision Summary:

12 October 2021

Decision Summary Author:

Principal Policy Planner – Strategic Policy, Planning and Performance

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

1. Inspector’s Report- Egypte Farm;

2. Inspector’s Supplementary Report

Date of Written Reports:

1. Undated;

2. 27 February 2020

Written Report Author:

R Foster MA, MRTPI

Planning Inspector

Written Report :

Public or Exempt?

Public

Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to grant planning permission for; “Reconstruct 1 No. farmhouse to form 1 No. 3-bedroom dwelling and 1 No. outbuilding to form a garage and store. Stabilise other buildings on site” at Egypte Farm, La Rue d’Egypte, Trinity.

Decision:

The Minister allowed the appeal and refused to grant planning permission, reference P/2015/0978, for the following reasons:

Having regard to the fact that Egypte Farm has not been in residential use for over 75 years, with no interim use or clearly proven intention to re-use the site for residential purposes

within that time, the Minister considers that the use of the site for residential purposes has been abandoned. In reaching this conclusion, the Minister further notes that the farm buildings have been in a ruinous state for a substantial period of time and that the vestiges of structures remaining do not reasonably constitute a dwelling house.

Accordingly, the proposal is considered to represent the erection of a new dwelling house within the Coastal National Park. Policy NE6 of the 2011 Island Plan (revised 2014) specifically excludes the development of a new dwelling within the Coastal National Park unless it constitutes a replacement dwelling or replaces, or uses, a building in employment use. The proposal does not involve either of these development types and is not, therefore, a permissible exception to the strongest presumption against all forms of development within the Coastal National Park.

Having regard to the ecological surveys and assessments supplementing the development proposals, the Minister is not satisfied that sufficient evidence has been submitted that clearly demonstrates that the proposals would secure the conservation and enhancement of the natural beauty, wildlife and cultural heritage of the Coastal National Park. Accordingly, the proposal does not adequately satisfy the provisions of Policy NE1, NE2, NE3, NE4 or NE6 of the 2011 Island Plan (revised 2014).

Reason for Decision:

The Minister gave full consideration to the assessment and finely balanced recommendations of the Inspector as detailed in his reports to the Minister.

However, given the substantial length of time that the site has been left unoccupied and not maintained and the fact that only ruins of the former farmhouse now remain, the Minister considered that there was insufficient evidence to prove that the residential use of the site had not been fully abandoned.

Consequently, the Minister does not regard Egypte Farm as constituting an existing dwelling for the purposes of applying Island Plan policy NE6.

The Minister also examined the findings and recommendations of a comprehensive ecological assessment and species protection and enhancement plan and considered that the studies did not provide sufficient evidence that interests of biodiversity would not be injured by the proposed development.

Resource Implications:

None

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

Deputy John H Young

Position:

Minister for the Environment

Date Signed:

Date of Decision (If different from Date Signed):