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A decision made (03.05.06) to vary the original planning decision for Les Lauriers, Route de St. Jean, St. John.

Subject:	Les Lauriers, La Route de St. Jean, St. John RETROSPECTIVE: Portacabin to be positioned on the west gable of the house.
Decision Reference:	P/2005/1595 MD-PE-2006-0161	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/2006/0038
Written Report Title:	RETROSPECTIVE: Portacabin to be positioned on the west gable of the house. REQUEST FOR RECONSIDERATION of refusal of planning permission.	Written report – Author:		Elizabeth Ashworth
Decision(s Maintain decision not to allow new accommodation on septic tank and soakaway. Allow release of occupancy condition.
Reason(s) for decision: Contrary to Policy NR2 of Jersey Island Plan 2002. Configuration of accommodation now conforms to Policy C6
Action required: Advise applicant.
Signature: (Minister)			Date of Decision: 03/05/2006

Les Lauriers, Route de St. Jean, St. John - variation of original decision

Application Number: P/2005/1595

Request for Reconsideration Report

Site Address	Les Lauriers, La Route de St. Jean, St. John.

Requested by	Mr. G RLe Texier	Agent

Description	Ground floor & first floor extension to form integral additional accommodation. AMENDED PLANS: Conversion and extension of existing workshop to form additional residential accommodation. Construct new workshop. REQUEST FOR RECONSIDERATION of condition No. 1 (no independant unit) and condition No. 2 (provision of tight tank) of planning permit P/2005/1595.

Type	Planning

Original Decision	APPROVED

Conditions	1. The accommodation hereby approved shall not be occupied independently of the main dwelling. 2. Notwithstanding the information on the application form the use of a septic tank and soakaway system is not approved and the new accommodation shall be served by a tight tank which shall be installed prior to the occupation of the newly approved accommodation.
Reasons	1. The construction of new dwellings in the Green Zone, unrelated to agriculture, is contrary to Policy C5 of the Island Plan 2002. 2. The proposal is contrary to Policy NR2 of the Island Plan and the site lies in the Water Pollution Area.

Determined by	Delegated Approved

Date	08/02/2006

Zones	Green Zone Water Pollution Safeguard Area

Policies	C5

Recommendation

Maintain refusal

Comments on Case	The applicant has been trying for a number of years to gain consent for an extension to the property to form a unit of accommodation for his daughter. Policy C5 clearly states that applications which seek to extend a dwelling to house a dependant relative will only be permitted where the Committee is satisfied that the development is for a genuine extension to the property and not for a unit of accommodation that can be independently let or sold; would be subsidiary of the main dwelling and can be reintegrated with the main dwelling when it is no longer required for its original purpose.
	Each application has failed to meet the above criteria but on 8 February 2006 a permit was issued for accommodation that did meet the criteria as it involved the conversion of an existing workshop to a kitchen and study and an extension to the property to form a new workshop with a bedroom and lounge at new first floor level with interlinking doors at ground and first floor levels. The applicant has quoted three examples where he considers that the Committee has approved independent units. These were investigated as part of his case supporting the last application and he was advised as follows. Woodlands, St Mary Extensions permitted to the existing units of accommodation but a proposal for a new unit of accommodation was refused. Roseville, St Mary. The proposal was for the conversion and extension of existing buildings to form a new flat at ground floor level and to construct a pitched roof over the garage with an additional bedroom within. Springfield house, Trinity Conversion of and extension to an existing building to form one bedroomed flat. Each of the above falls within the criteria of countryside policies which allow for the conversion of existing buildings to residential accommodation and can also involve extensions. Because the approved accommodation at Les Lauriers is now in part a conversion of an existing building, with an extension, it is considered that the condition relating to its occupation can be released. Policy NR2 clearly states that private drainage systems will not be permitted and the site lies in the Water Pollution Area. This policy is in place to prevent the contamination of groundwater. PSD (Drainage) identified a backed up septic tank in 2004, there have been 2 loads removed in 2005. There are no planning grounds that would justify the Minister releasing the condition attached to the approval for an extension to Les Lauriers for accommodation to be served by a septic tank and soakaway. Although the applicant has quoted systems that apply in the Uk the proposal has to be determined under the Jersey Island Plan 2002.
Recommendation	Maintain refusal

Reasons	Private drainage system is contrary to NR2 of the Island Plan 2002.

Background Papers	1:2500 Site Plan Letter from applicant

Endorsed by		Date