Heather Farm, Rue de la Ville au Bas, St. Ouen

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A decision made (20.09.06) to maintain refusal of planning permission for Heather Farm, Rue de la Ville au Bas, St. Ouen.

Subject:	Heather Farm, La Rue de la Ville au Bas, St. Ouen Demolish workshop / garden store and construct 4 bed house. .
Decision Reference:	MD-PE-2007-0136	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:		PP/2006/0478
Written Report Title:	Request for Reconsideration of refusal of planning permission	Written report – Author:		Elizabeth Ashworth
Decision(s) Maintain refusal
Reason(s) for decision: The proposal is contrary to Island Plan policies and there are no grounds for an exception to be made.
Action required:
Signature: (Minister)			Date of Decision: 20.09.06

Heather Farm, Rue de la Ville au Bas, St. Ouen - maintain refusal

Application Number: PP/2006/0478

Request for Reconsideration Report

Site Address	Heather Farm, La Rue de la Ville au Bas, St. Ouen.

Requested by	Mr & Mrs. M JBarette	Agent	S T ARCHITECTURAL DESIGNS

Description	Demolish workshop / garden store and construct 4 bed house. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning Principle

Original Decision	REFUSED

Conditions
Reasons	1. The proposal would constitute the creation of new dwelling in the countryside, with no proven agricultural need, contrary to policy C5 of the Jersey Island Plan 2002.

Determined by	Delegated Refused

Date	19/05/2006

Zones	St Ouen's Bay Special Area Green Zone

Policies	C5

Recommendation

Maintain Refusal

Comments on Case	Policy C5 clearly states that applications for the development of new dwellings will not normally be permitted unless it is demonstrated, to the satisfaction of the Minister, that the development is essential to meet agricultural needs. There is no agricultural case here but the applicants are seeking to remove an unsightly single storey building along with sundry structures within the garden of Heather Farm and to construct a 4 bedroomed dwelling, on a different location within the garden. The applicants have quoted Clause 5.42 of Policy C5 ‘it would be unreasonable to preclude all forms of development in the future…..but only where this does not serve to detract from or harm the distinctiveness of the landscape character types of this zone.’ However. the applicants fail to refer to... ‘as in the Zone of Outstanding Character, to ensure the retention and where possible, the enhancement of the character of the Green Zone, the redevelopment of existing buildings will only be permissible where an environmental benefit is secured.’ The applicants have also stated that by allowing the new dwelling it will achieve a benefit to the Island because it will extend the foul sewer system to a new area of St Ouen thereby reducing any possible pollution of the water environment. Part of the development would extend the foul sewer system for just under one kilometre from Rue de Grantez. This in effect would allow for up to fourteen different properties to link up to the main foul sewer system. However, information received from Transport & Technical Services Drainage indicates that the foul sewer is considerably further north than the applicant has claimed and that due to lack of funds the Department has no plans to extend the public foul sewer in the area so the only way to connect of the public sewer would be via a private pumping installation. This expensive option is to go up the road but the road reinstatement costs would be very high. The other option is to go via fields but it appears that none are in ownership. The applicants have advised that they have support from some neighbours who would be able to connect to the foul sewer and that the fact that Transport & Technical Services have no funds to extend the sewer can only strengthen their request to construct a new dwelling. The buildings to be replaced measure in total some 135sqm. The new dwelling would have a footprint of 150sqm with additional accommodation at first floor level. This cannot be accurately calculated as the application is for planning principle only and therefore only a site plan has been submitted. However, it is clear that the new building would represent a substantial building in the Green Zone. The main building was constructed by the Germans and is not capable of renovation. C5 seeks to protect the countryside from development and this application is clearly contrary to those aims. The site itself is behind a granite wall with a narrow lane to the north. There is one letter of representation from neighbours who were unaware of the original application. Their concerns are policy related as described above.

Recommendation	Maintain refusal

Reasons	No new planning grounds

Background Papers	1:2500 Site Plan Letter from applicant Memo from Transport & Technical service (Drainage0

Endorsed by		Date	7 September 2006