Government of Jersey

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A decision made (01.08.06) to maintain refusal of planning permission for Chalet de Haut, Rue de la Ville au Bas, St. Lawrence.

Subject:	Chalet de Haut, La Rue de la Ville au Bas, St. Lawrence Request for reconsideration of condition No. 1 (Consent expires on 30th June 2006). Change use of agricultural building to general dry storage.
Decision Reference:	MD-PE-2006-0141	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/1997/0655
Written Report Title:	Change use of agricultural building to general dry storage. REQUEST FOR RECONSIDERATION of condition No. 1 (Consent expires on 30th June 2006).	Written report – Author:		Anthony Farman
Decision(s The Minister decided to maintain the previous decision to allow the continued use of the shed for dry storage for a period of 3 years to the 1st August 2009.
Reason(s) for decision: To assess the anticipated need for agricultural sheds in 2009.
Action required: Inform applicant.
Signature: (Minister)			Date of Decision: 01.08.06

Chalet de Haut, Rue de la Ville au Bas, St. Lawrence - maintain refusal of planning permission

Application Number: P/1997/0655

Request for Reconsideration Report

Site Address	Chalet de Haut, La Rue de la Ville au Bas, St. Lawrence.

Requested by	Mr. P. H.Le Feuvre	Agent

Description	Change use of agricultural building to general dry storage. REQUEST FOR RECONSIDERATION of condition No. 1 (Consent expires on 30th June 2006).

Type	Planning

Original Decision	APPROVED

Conditions	1. That this consent is granted for a period of 3 years expiring on 30th June, 2006.
Reasons

Determined by	Delegated decision.

Date	11/06/2003

Zones	Countryside Zone Water Pollution Safeguard Area

Policies	C19 – Change of Use and/or Conversion of Modern Farm Buildings Applications for the change of use and/or conversion of modern farm buildings will normally be permitted where they are at least five years old, the redundancy to both the farm unit and to agriculture as a whole is proven by the applicant to the satisfaction of the Planning & Environment Department, the building is not of strategic importance to the agricultural industry.

Recommendation

Extend temporary condition as follows:

The use hereby permitted shall cease on or before 1st August 2009, and the building restored to its former use.

Comments on Case	The change of use of agricultural buildings will only be considered where the redundancy of the building to the owner and to the agricultural industry is proven by the applicant to the satisfaction of the Environment Department and the Minister for Planning and Environment. Change of use for this building occurred in 1997 and has been renewed by the Department in 2000 and 2003. It is reasonable to suggest that there has been little change in the agricultural industry since the last renewal in June 2003. Therefore it is reasonable to extend the commercial use of the sheds. However, the state of the agricultural industry in general does not mean that these specific sheds will not be useful to the industry in the future and it does not mean that the applicant has demonstrated that these sheds are redundant. To allow the permanent change of use of these sheds or the basis of the information submitted would effectively be changing the Minister’s policy. Such a change of policy would need to be considered on a strategic basis and not on a case by case manner.

Recommendation	Extend temporary condition as follows: The use hereby permitted shall cease on or before 1st August 2009, and the building restored to its former use.

Reasons	To assess the anticipated need for agricultural sheds in 2009.

Background Papers	1:2500 Site Plan Letter from applicant dated 30th May 2006

Endorsed by		Date