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A decision mae (13.04.06) to approve a temporary planning permission for Field 231, Rue de Flicquet, St. Martin.

Subject:	Field 231, La rue de Flicquet, St Martin Retrospective application to install sand school.
Decision Reference:	MD-PE-2006-0146	Exempt clause(s):		n/a
Type of Report (oral or written):	Written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		P/2005/1439
Written Report Title:	To consider whether to approve a temporary permission until 28 February 2007.	Written report – Author:		E A Ashworth (Mrs)
Decision Approve a temporary permission until 28 February 2007.
Reason for decision: The Minister decided to allow the retention of the sand school, because the applicant has consent to graze horses having been unable to find a tenant to farm the land. However, the Minister requires that the applicant re-applies to Land Controls and Agricultural Development Section when that licence runs out on 28 February 2007 and that the banks now formed are to be grassed over.
Action required: Temporary permission to be issued.
Signature: (Minister)			Date of Decision: 13 April 2006

Field 231, Rue de Flicquet, St. Martin - approval of temporary planning permission

Application Number: P/2005/1439

Request for Reconsideration Report

Deputy Hill and Appellant wish to make representations to The Minister

Site Visit Arranged for 5pm Monday 24th April

Site Address	Field 231, Maison Cote D'Or, La Rue de Flicquet, St. Martin, JE3 6BP.

Requested by	Mrs. J O'Connor	Agent	Deputy Hill

Description	RETROSPECTIVE: Install sand school. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	1. The sand school is contrary to Policy C13 of the Island Plan 2002 which states that there will be a presumption against the permanent loss of agricultural land for development or other purposes. 2. The works undertaken to form the landscape has resulted in an unacceptable loss of character and visual harm to the landscape which is therefore contrary to Policy C5 of the Island Plan 2002.

Determined by	Sub Committee Refusal

Date	24/11/2005

Zones	Green Zone

Policies	C5 Green Zone C13 Loss of agricultural land.

Recommendation

Maintain refusal

Comments on Case	This Request was originally made by MS Planning. Deputy Hill has since submitted a further case and taken over as agent for the appellant. The primary reason for refusal was that the 6 vergee field consists of good agricultural land which needs to be retained for the longterm use of the agricultural industry. The applicant has a 3 year licence to occupy Field 231 for agricultural or horticultural purposes only, including horse grazing, which expires in March 2007. This licence does not allow the removal of topsoil and the creation of a sand school which is not an agricultural use of the land. By carrying out extensive regrading of the land and laying down a sand school the applicant is in breach of both the Planning Law and Agricultural laws. The agent has referred to 2 other sites where sand schools have been approved, one involving a good deal of banking around the site and the other that involved the laying down on rubble to form the sand school. Quite rightly he states that the loss of agricultural land had not been used as a reason for refusal but this is because, in both cases, there were no objections from Agriculture and this is the fundamental difference. Had Agriculture not raised objection on grounds of a breach of their Law Control of Sales and Leases)(Jersey)Law 1974 relating to the occupancy of the land, the Case Officer would have regarded the use as being acceptable as a recreational use, subject still to its visual impact. The agent refers to TR5 Tourism and Recreational use and a sand school fits into the criteria of this policy. C5 seeks to protect the countryside from developments that result in visual harm to the landscape and although the site cannot readily be seen from the surrounding area, a significant amount of work has been undertaken to level the area and change the character of the landscape.

Recommendation	Maintain refusal

Reasons	As original approval

Background Papers	1:2500 Site Plan Letters from MS Planning 28 January and 7 March Letter from Deputy Hill 27 March 2006 LCADS Comments 28 February 2006


Endorsed by		Date