Blanche Pierre House, La Rue de la Blanche Pierre, St. Lawrence: Determination of Planning Application (P/2011/1455)

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A decision made 18 June 2012:

Decision Reference: MD-PE-2012-0062			Application Number: P/2011/1455 (If applicable)
Decision Summary Title :	Blanche Pierre House, La Rue de la Blanche Pierre, , St. Lawrence, Jersey, JE3 1EX		Date of Decision Summary:
Decision Summary Author:	Senior Planner		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:		Senior Planner
Written Report Title :			Date of Written Report:
Written Report Author:	Chris Jones		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: , Blanche Pierre House, La Rue de la Blanche Pierre, , St. Lawrence, Jersey, JE3 1EX Change of use of land to domestic curtilage. Construct tennis court.
Decision(s): The planning application was considered at a Ministerial Meeting on 18 May 2011 where the Minister for Planning and Environment deferred consideration of the planning application pending a site visit. The Minister made his site visit on 28 May 2012 accompanied by the Senior Planner. Following the site visit, the Minister has duly considered all the issues and has now determined to refuse the planning application for the following reasons: The erection of a tennis court and fencing enclosure in the elevated location within Field 730 at the head of the valley above La Rue de la Ville Emphrie and not within the defined domestic curtilage of the applicant’s property, will be visually detrimental and harmful to the character and appearance of the Green Zone in an area where there is a presumption against all forms of development for whatever purpose. Accordingly, the proposal would be contrary to Policies GD 1 and NE 7 of the Adopted Island Plan 2011. Insufficient information has been submitted to justify the loss of agricultural land within Field 730. Accordingly, the proposal is contrary to Policy ERE 1 of the Adopted Island Plan 2011. No information has been submitted to demonstrate how surface water arising from the development will be disposed of. Accordingly, the proposal is contrary to Policies GD 1 and LWM 3 OF THE Adopted Island Plan 2011. The Minister required that the decision notice is to be accompanied by a covering letter advising that the east-west oriented court, within the domestic curtilage, may be considered more favourably (subject to due process) and that matters in relation to the surface/lighting/fencing would all need to be confirmed.
Reason(s) for Decision: The site is located at the top of the valley in a visually prominent location and will result in a development that will be visually prominent and intrusive to the general character and appearance of the Green Zone in this location. The site is within the Green Zone and whilst Policy NE 7 allows the erection of incidental and ancillary buildings and structures in connection with existing domestic dwellings in the Zone, the application site is not within the defined domestic curtilage of the property. Instead, it is within Field 730 and whilst the field is currently not used for any grazing or equine use, it should be retained for its designated agricultural or horticultural purpose. No information has been submitted to demonstrate how the surface water arising from the development will be disposed of, which is of particular concern, given the location of the tennis court at the top of the valley. From his site visit, the Minister considered that there could be the potential for a tennis court to be sited with an east-west orientation, rather than the north-south orientation proposed, provided that the tennis court was located entirely within the applicant’s domestic curtilage and would not have an adverse impact on the amenities of the immediately adjoining resident.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature: Deputy R C Duhamel		PLeg / AS Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):