La Retraite Dairy Farm, St. Saviour. Request for reconsideration of refusal

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A decision made 27 November 2009 regarding: La Retraite Dairy Farm, St. Saviour. Request for reconsideration of refusal.

Decision Reference: MD-PE-2009 -0132			Application Number: P/2008/1239 (If applicable)
Decision Summary Title :	La Retraite Dairy Farm, La Rue de la Retraite, St. Saviour		Date of Decision Summary:		19/10/09
Decision Summary Author:	Kelly Johnson		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 Report		Date of Written Report:		27/2/09
Written Report Author:	Kelly Johnson		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: La Retraite Dairy Farm, La Rue de la Retraite, St. Saviour Change of use to works depot. REQUEST FOR RECONSIDERATION of refusal of planning permission.
Decision(s): At the Ministerial Meeting of 13th March 2009, the Minister considered a request for reconsideration of a refused decision for the change of use as a works depot at La Retraite Dairy Farm, La Rue de la Retraite, St. Saviour. The Minister recognised the economic implications and situation raised by the agent and applicant. The Minister’s predisposition at the Ministerial Meeting was to identify a means by which the existing use could be regularised however he did indicate that it would not be possible to determine the application at that time. The Minister decided to defer his decision pending a site visit. The Minister visited the site on 21st July 2009, accompanied by the Planning Applications Panel Chairman and officers from the Department. Only after visiting the site was the Minister able to make an appraisal of the impact of a works depot and its appropriateness in a countryside location. In light of all the evidence and material considerations, the Minister decided that the works depot, even with conditions imposed, was an inappropriate use for the location and therefore decided to maintain the refused decision. The Minister remains, however, sympathetic to the economic situation of the applicant and of the occupying company who is providing work for Islanders during an economic recession. In light of these considerations, the Minister will not take immediate enforcement action against the unauthorised use and will give the applicant 2 years to return the site to the approved dry storage use.
Reason(s) for Decision: The proposed development is an inappropriate use in the countryside, contrary to Policy C6 of the Island Plan 2002, which presumes against all forms of development for whatever purpose. The proposed development, by virtue of visual intrusion through the outside storage of materials, waste and vehicles and the number of vehicle movements per week, is harmful to the character of the countryside and contrary to Policy C6 and C19 of the Island Plan 2002. The proposed development does not provide adequate drainage facilities for surface water run-off contrary to Policy G2 and C19 of the Island Plan 2002.
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):