Transfer of Field Grouville 271: Appeal against Minister's decision on conditions imposed

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A decision made on 8 December 2014:

Decision Reference: MD-PE-2014-0106
Decision Summary Title :	Appeal against Minister’s decision on conditions imposed on transfer of field Grouville 271.		Date of Decision Summary:	24 November 2014
Decision Summary Author:	Land Controls and Planning Officer		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 :			Date of Written Report:
Written Report Author:	Land Controls and Planning Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)
Subject: Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974: an appeal to the Minister has been received to overturn the previous Ministers decision of conditions imposed on transfer of field Grouville 271.
Decision(s): The Minister upheld the previous Ministers decision on conditions imposed at transfer of land.
Reason(s) for Decision: The 2005-2010 and 2011-2015 Rural Economic Strategies highlight the requirement for a stable agricultural land bank and that the Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974 is properly enforced in order to ensure that a stable, viable agricultural land bank is maintained. The continued erosion of agricultural land for development and other uses has meant that marginal areas of land are of greater importance.
Resource Implications: None
Action required: Minister to instruct Land Controls and Agricultural Developments section to inform Advocate Cushen that the current conditions will remain on the land.
Signature:		Position: Minister for Planning and Environment
Date Signed:		Date of Decision (If different from Date Signed):

Transfer of Field Grouville 271: Appeal against Minister's decision on conditions imposed

Department of the Environment

Our Ref: SS/LT/432

Title

Transfer of field Grouville 271

Policy

The Agricultural Land (Control of Sales and Leases) (Jersey) Law, 1974

The Agricultural Land (Control of Sales and Leases) (Jersey) Law, 1974 was introduced to control the occupation and use of agricultural land and to ensure that a stable, viable agricultural land bank is retained for the farming industry. This particular issue was highlighted by Scrutiny and the farming industry during the preparation of the Rural Economy Strategy 2011 – 2015. However, various conditions can be imposed which permit use of agricultural land by non bone fide agriculturalists or smallholders under the 74 Law with the Minister’s consent, depending on the circumstances.

It is the policy of the land controls and agricultural developments section to assess each application for sale, gift or transfer of land and impose suitable conditions under the above law at the time.

Background

Grouville 271 measures approximately 3.4 vergees and is a relatively level square field. There is a restricted access to the field through a narrow driveway which prevents access for larger machinery.

August 1976: full agricultural conditions were imposed on field Grouville 271 when first transacted. Records show that the land was leased by Le Pres Manor.

December 1989: the Committee of Agriculture and Fisheries agreed to reduce restrictions (from a & b to b) on the field to allow it to be occupied and used by the owner for agricultural or horticultural purposes only.

March 1992: Land transacted with the same “b” condition that the field is used for agricultural or horticultural purpose only.

June 2001: Land transacted with the same “b” condition that the field is used for agricultural or horticultural purpose only.

January 2001: Agricultural Land Sub Committee agreed to reduce restrictions on approximately 1.58 vergees to unconditional with note that it would be a requirement to apply to Planning and Building services before it could be considered part of the domestic curtilage of the property.

April 2002: land transaction consent re-issued with 1.58 vergees being “c” unconditional and 1.69 vergees being “b” that part is used for agricultural or horticultural purpose only.

September 2014: Land Controls and Agricultural Development Section received a retrospective transfer of field Grouville 271 and a “b” condition was imposed on the whole field, allowing it to be occupied and used by the owner for agricultural or horticultural purposes only.

Options

Option 1. Uphold Officers conditions

b. that field 271 is used for agricultural or horticultural purposes only; this condition

allows the growing of trees and the grazing of equine animals

Option 2. Change conditions on land to previous consent

b. that part field 271Grouville is used for agricultural or horticultural purposes only; this condition allows the growing of trees and the grazing of equine animals

c. That part of field 271 Grouville is unconditional:- the issue of this consent is purely permissive and does not exempt the purchaser from any other statutory controls. In particular the permission of the Planning Department may be required before any of the land is considered to be part of the domestic curtilage of the property.

Option 3. Change conditions on field as requested

c. That field 271 Grouville is unconditional:- the issue of this consent is purely permissive and does not exempt the purchaser from any other statutory controls. In particular the permission of the Planning Department may be required before any of the land is considered to be part of the domestic curtilage of the property.

Recommendation

We recommend that Option 1 is followed-

Field 271 Grouville is suitable for agricultural uses such as grazing or an orchard.

There is a presumption against allowing large areas of land to be domesticated (a planning permission would also be required to change area to domestic curtilage), and the Land Controls and Agricultural Developments section would oppose a planning application for change of use on such a large area.

The field would have one condition over its entirety still allowing the owner its usage.