Government of Jersey

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A decision made (01.08.06) to remove the agricultural occupancy condition for Field 322a, Rue de la Fosse a Gres, St. Martin.

Subject:	Field 322a, St Martin Request to remove agricultural occupancy condition
Decision Reference:	MD-PE-2006-0147	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:		D/1996/0798
Written Report Title:	Request to remove agricultural occupancy condition	Written report – Author:		Elizabeth Ashworth
Decision(s Allow removal of agricultural occupancy condition
Reason(s) for decision: It had been demonstrated, to the satisfaction of the Minister, that there was no interest within the agricultural industry for the staff accommodation
Action required: Advise applicant
Signature: (Minister)			Date of Decision: 01.08.06

Field 322a, Rue de la Fosse a Gres, St. Martin - removal of agricultural occupancy condition

Application Number: D/1996/0798

Request for Reconsideration Report

Site Address	Field 322A, La Rue de la Fosse a Gres, St. Martin.

Requested by	Mr. G.Barette	Agent	Project Design Ltd

Description	Construct single storey self-contained staff accommodation comprising four units

Type	P&B Pre 1997

Original Decision	APPROVED

Conditions	Agricultural Occupancy Condition. The request for reconsideration relates to the refusal by Sub-Committee to release the condition in July 2004.
Reasons

Determined by	Sub Committee Refusal

Date	20/05/1997

Zones	Green Zone

Policies	C5

Recommendation

In the circumstances, the Case Officer advises that the accommodation be advertised again and if there are no responses then a temporary 3 year permit be granted. A temporary permission is supported by Agriculture who do not support the permanent loss of the accommodation at this present time.

Comments on Case	The staff accommodation was approved in 1996 as purpose built, agricultural staff accommodation on the basis of a proven need at the time. The Island Plan 1987 policies sought the protect the countryside from development whilst supporting the agricultural industry. The applicant no longer farms and has let the accommodation to a-h persons. Agriculture do not support the permanent loss of the staff accommodation stating that whilst no growers are prepared to rent at the present time, the overall need for staff accommodation will become clear when the agricultural statistics are produced at the end of 2004. The Officer goes onto say that as there are people in occupation a temporary permit could be issued, but certainly not a permanent one at this stage. The applicant is of the opinion that he was able to rent the accommodation out to non-agricultural workers by virtue of the Housing Consent form which refers to agricultural workers and a-h persons. Despite the Case Officer’s efforts to explain both face to face and in writing that the consent of the Planning Committee is also required, as the accommodation was approved by the Planning Committee specifically for agricultural staff workers, the applicant has failed to accept this. The Sub-Committee considered the case in July 2004 but did not support the loss of the accommodation to agricultural as it is still receiving applications for new staff accommodation. The Committee was also aware of another case at Val Poucin Farm, Grouville where the release of the agricultural occupancy on staff accommodation approved in 1992 was refused this year. In 2001 Committee agreed that agricultural workers accommodation should advertised for 2 years before it could be released. Since then the agricultural industry has undergone significant changes and it is considered onerous to request an applicant to wait for 2 years. (Initially under Policy C19 of the Island Plan 2002 the requirement for the advertisement of modern sheds was for a period of 5 years which the Committee reduced to a couple of times over a short period). However this 2 year policy was overlooked in this particular case and the applicant has only advertised the accommodation once.

Recommendation	As above

Reasons	To safeguard the longterm requirements of the agricultural industry.

Background Papers	1:2500 Site Plan Committee Act of 16 July 2004 Previous Officer Report Letters and supporting papers from the applicant Letter from Case Officer on behalf of the Committee Memo from Agriculture

Prepared by	Date	04 June 2007

Endorsed by	Date