Decision: The Assistant Minister allowed the appeal and refused to grant permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 for the following reasons: 1. The site lies within the Coastal National Park as defined on the Proposals Map of the Adopted Island Plan 2011 (amended 2014). The Coastal National Park enjoys the highest level of protection from development and there is the strongest presumption against all forms of development therein. The development of a new dwelling may only be considered to represent a permissible exception to Policy NE6 where; - the proposal relates to the redevelopment of an existing dwelling or employment building, subject to various criteria being met (NE6.2 & 7) or; - the proposal relates to the change of use or conversion of an employment building, subject to various criteria being met (NE6. 6). The proposed development does not fit the definition of the redevelopment of an existing dwelling or employment building nor of a change of use or conversion of an employment building, as neither type of building exists on the site at the present time. Consequently, the proposal does not meet any of the specified exceptions stated in NE6 and the application, therefore, fails to satisfy the requirements of Policies SP1, GD1 and NE6 of the Adopted Island Plan 2011 (amended 2014). 2. The size, bulk and design of the proposed dwelling does not relate to, or satisfactorily respond to, the local settlement form and character, topography, landscape features and the wider landscape setting. Moreover, the submitted plans fail to demonstrate the degree to which the design, materials and finishes reflect or complement the style and traditions of local buildings. Accordingly, the proposals do not attain the high standard of design required by the Minister for the Environment and ,therefore, they fail to satisfy the requirements of Policies SP7, GD1, GD7 and NE6 of the Adopted Island Plan 2011 (amended 2014). 3. The site lies immediatley adjacent to the Ouaisné Site of Special Interest (SSI) which is listed for its richness and diversity of habitats and species. The Jersey Biodiversity Strategy identifies that the key habitats of dunes and coastal heathland are vulnerable to the effects of development on their edges. The erection of a substantial dwelling in such close proximity to the SSI is likely to have an unreasonable impact upon the SSI and protected species and the proposal, therefore, fails to satisfy the requirements of Policies SP4, GD1, NE1, NE2 and NE6 of the Adopted Island Plan 2011 (amended 2014). |