Fields 50 & 63 part of, Cowley Farmhouse, La Route de Maufant, St. Saviour

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A decision made 18 September 2008 regarding: Fields 50 & 63 part of, Cowley Farmhouse, La Route de Maufant, St. Saviour - determination of planning application.

Decision Reference: MD-PE-2008-0225			Application Number: PP/2007/1799 (If applicable)
Decision Summary Title :	Part of fields 50 & 63, Cowley Farmhouse, La Route de Maufant, , St. Saviour.		Date of Decision Summary:		18.9.08
Decision Summary Author:	Chris Jones		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Part of fields 50 & 63, Cowley Farmhouse, La Route de Maufant, , St. Saviour.		Date of Written Report:		2.4.08
Written Report Author:	Chris Jones		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Part of fields 50 & 63, Cowley Farmhouse, La Route de Maufant, , St. Saviour, , Convert existing barns into 3 No. dwellings. Construct 3 No. dwellings with garaging and landscaping. Block up 3 No. vehicular access. Create new vehicular access onto La Route de Maufant. Refurbish farmhouse to provide 1 No. dwelling. AMENDED PLANS:Convert existing barns into 3 No.dwellings. Construct new garage building. Block up 3 No vehicular accesses. Create new vehicular access onto La Route de Maufant. Refurbish farmhouse to provide 1 No. dwelling.
Decision(s): The planning application was presented to the Ministerial Meeting on 11th April 2008 where it was deferred pending a Ministerial Site Visit prior to the formal decision being taken. The Minister visited the site on 22nd April 2008. The Minister concluded that the Planning in Principle application without the proposed linked ‘enabling development’ element of the scheme could be considered and determined at officer level and the Planning in Principle Permit was issued under officer delegated powers on 13th October 2008. The Minister deferred his decision in respect of the proposed linked enabling development aspect of the scheme for further consideration. The Minister is entitled to make a decision that is inconsistent with the Island Plan (Article 19.3) provided be considers that there is justification and explains his reasons for doing so. In this particular case, the Minister concluded that the linked enabling development is an insubstantial departure from the Island Plan and therefore a case that he could determine accordingly. On 18th September 2008 the Minister resolved to allow the proposal for linked enabling development comprising the erection of 2no. dwellings (as opposed to the 3no. dwellings originally proposed). The two new dwellings were to comprise a maximum limit of 4,800 sq ft floor space and unit 7 indicated on the originally submitted drawing no. PP 2007 1799 F, is the unit to be removed from the layout. The Minister confirmed that details of the appearance and siting of the new dwellings would need to be approved.
Reason(s) for Decision: Permission in Principle for the proposed conversion of the existing barns into 3no. dwellings; the refurbishment of the farmhouse to provide 1no. dwelling; the construction of the garage block and the formation of a new vehicular access 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. Firstly in respect of the proposed garage block arrangements, policy C6 of the 2002 Island Plan relating to development in the Countryside Zone presumes against all forms of development for whatever purpose. However, the policy recognises that there are many existing uses and buildings within the Countryside Zone and it goes on to prescribe those types of development which may be permitted. These 'exceptions' are listed in the policy. Item (ii) is recorded as "limited ancillary or incidental buildings within the curtilage of a domestic dwelling". The policy contains a further caveat that the scale, location and design of such development should not "detract from, or unreasonably harm the character and scenic quality of the countryside". From this, the Minister concluded that an ancillary building can be permitted, provided it is beneficial to the visual character of the site and surroundings, or that it only harms that character to a reasonable extent. Some harm is allowable under the policy by the insertion of the word 'unreasonably'. Furthermore, the Minister also concluded that the block of 4 garages can be regarded as a limited ancillary building within the curtilage of Cowley Farm. The application is for outline planning permission, so the detail of the scale and design of the garage block is unknown. Given that the curtilage of Cowley Farm is currently a farm yard with an unsightly silage clamp, the erection of a replacement 4 car garage (provided it is well designed) the Minister concluded that the proposed development is likely to either improve that setting, or at least not harm it unreasonably. Turning to the registered building issue, policy G13 of the Island Plan refers. This policy again sets out how the Minister should deal with applications for development affecting registered buildings. The policy sets out a general presumption in favour of the preservation of architectural and historic character. The issue is a proposed block of 4 garages within the setting of the building. The Minister concluded that the fabric of the group would not be harmed by the construction of a detached structure of this nature. Paragraph (ii) of the policy states that permission will not normally be granted for "… other external alteration works which would adversely affect the … character or setting of a registered building or place." Hence the judgement to be made here is whether the proposed garage block adversely affects the setting of the Cowley Farm group. Unlike policy C6, there is no margin here - an adverse impact would be contrary to the policy. It is considered that the impact will come down to the location, scale and detailed design of the structure. Clearly a poorly designed structure could harm the setting. Equally, a well designed block of garages, suitably located to replace the unsightly silage clamp, might well enhance the character of the site, or at least meet the policy test of not being 'adverse', that is, neutral. In conclusion, the wording of both policy C6 and G13 is such that it allows some development. In the case of C6, that development must not cause 'unreasonable harm'. In the case of G13, it must not 'adversely affect the architectural or historic interest'. Clearly, a well designed, appropriately sized and located garage block could fall within the terms of both policies and would not be a departure from the Island Plan. Secondly in respect of the principle of the building conversion, Policy C6 confirms that the conversions of existing buildings to appropriate and non-intrusive residential uses may be permitted where the scale, location and design would not detract from, or unreasonably harm the character and scenic quality of the countryside. Policy G13 also confirms that applications for the change of use of a registered building must contain sufficient information against which the impact on the fabric and appearance of the building can be assessed and that there will be a presumption in favour of the preservation of the architectural and historic character and integrity of registered buildings and places. The Minister concluded that the proposed development would be acceptable subject to the following conditions and reasons. A. If the development hereby permitted has not commenced within five years of the decision date, this permission shall cease to be valid. Reason: The Minister for Planning and Environment reserves the right to reconsider this proposal consequent on any future change of circumstances or policy. B. Application for the approval of Reserved Matters, as detailed in condition C, shall be made before the expiration of three years from the date of this decision. Reason: To accord with Article 19(4) of the Planning and Building (Jersey) Law 2002. C. Approval of the details of the siting, design and external appearance of the buildings, means of access thereto and landscaping of the site – hereinafter called the Reserved Matters – shall be obtained by application to the Minister for Planning and Environment prior to any development commencing. Reason: To accord with Article 19(4) of the Planning and Building (Jersey) Law 2002. Condition(s) 1. Before any development first commences on site, details of the proposed construction and location of nesting boxes for birds and roosting arrangements for bats shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full before the development is first brought into use and shall thereafter be retained and maintained as such. 2. Before any development first commences on site, precise details of the proposed surface water drainage arrangements to serve the development hereby permitted shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full and shall be retained and maintained as such. 3. Notwithstanding the requirements of Standard Condition C above, the reserved matters application shall include details of the following information for the prior approval of the Minister for Planning and Environment: - The number of units - The physical alterations to the buildings and structures - The access and circulation on the site - The parking and garaging arrangements - The amenity space and enclosure arrangements - A full structural survey by an appropriately qualified person demonstrating the stability of the buildings to be converted. Reason(s) 1. To safeguard the natural habitats for birds and bats on site in accordance with the requirements of Policy C13 of the Adopted Island Plan 2002. 2. To ensure satisfactory drainage arrangements in accordance with Policy G3 of the Adopted Island Plan 2002. 3. To ensure that the development is of an appropriate standard in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. INFORMATIVE The permission hereby approved relates to the conversion of the buildings. It does not convey any authority for the demolition of the buildings and their subsequent re-building. In respect of the proposed linked enabling development, the granting of the Planning in Principle application will be the subject of the satisfactory completion of a Planning Obligation to ensure that funds generated from the sale of the Cowley Farmhouse development are used for the development of the Cowley Farm dairy complex and if the Planning Obligation is not completed within 3 months of the date of preparation, then the planning application shall be returned to the Minister for further consideration.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):