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

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A decision made (25/09/2008) regarding: Part of Fields 50 & 63, Cowley Farmhouse, La Route de Maufant, St. Saviour.

Decision Reference: MD-PE-2008-0222			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.
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 Outline Planning application without the proposed linked ‘enabling development’ element of the scheme could be considered and determined at officer level and the Outline Planning Permission 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, and having taken legal advice in the matter, the Minister concluded that the linked enabling development is an insubstantial departure from the Island Plan and therefore a case that he could determine without the need for a Public Inquiry under Article 12 of the Law. On 18th September 2008 the Minister resolved to approve 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 aggregate floorspace of 4,800 sq ft 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, which should be traditional in character and siting of the new dwellings were reserved for later approval. In respect of the proposed linked enabling development, the granting of the Outline Planning application will be the subject of the satisfactory completion of a Planning Obligation Agreement to ensure that funds generated from the sale of the Cowley Farmhouse development are used entirely for the development of the Cowley Farm dairy complex and if the Planning Obligation Agreement is not completed within 3 months of the date of this decision, then the planning application shall cease to have effect.
Reason(s) for Decision: Outline Planning Permission 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 already 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. The Minister, having given careful consideration to the design and conservation issues, and the States decision of 19 July 2005 to adopt the Rural Economic Strategy which embraces the principle of linked enabling development, and having decided that the proposal represented an insubstancial departure from the Island Plan concluded that the proposed development of two new houses would be acceptable subject to the following conditions and reasons. 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. 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 for the prior approval of the Minister for Planning and Environment: - Detailed design and siting of the new dwellings - 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 Outline Planning application will be the subject of the satisfactory completion of a Planning Obligation Agreement to ensure that funds generated from the sale of the Cowley Farmhouse development are used entirely for the development of the Cowley Farm dairy complex and if the Planning Obligation Agreement is not completed within 3 months of the date of this decision, then the planning application shall cease to have effect.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties. Instruct the Law Officers to prepare the Planning Obligation Agreement
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):