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A decision made 6 April 2010 regarding: Fields 4, 33 & 34, Blampied Farm, La Rue Ville es Gazeaux, St. Lawrence - variation of condition of planning permit P/2006/1918.

Decision Reference: MD-PE-2010 - 0045			Application Number: RC/2009/1226
Decision Summary Title :	Fields 4, 33 & 34, Blampied Farm, La Rue Ville es Gazeaux, , St. Lawrence, ,		Date of Decision Summary:		24th March 2010
Decision Summary Author:	Peter Le Gresley		Decision Summary: Public or Exempt?		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		n/a
Written Report Title :	WR - Blampied Farm, St L - PLeG		Date of Written Report:		06/04/10
Written Report Author:	Peter Le Gresley		Written Report : Public or Exempt?		Public
Subject: Fields 4, 33 & 34, Blampied Farm, La Rue Ville es Gazeaux, , St. Lawrence, , Variation of condition 1 to allow permanent vehicular access through fields 4 and 34 from permit P/2006/1918.
Decision(s): The Minister decided to approve the revised new entrance to Blampied Farm.
Reason(s) for Decision: The application is approved because the Minister has taken into account all of the material considerations which are relevant in this case. In particular, the Minister balanced the issues raised by policy C6 of the 2002 Island Plan and the presumption against development in the Countryside Zone. He also considered the objections received and the comments of the Parish of St. John. However, the Minister considered that the lack of a suitable access to the redeveloped properties at Blampied Farm (given that the existing access is so narrow in parts) was an important factor. He also considered the previous decision of the Planning Applications Panel was difficult to defend, owing to a procedural irregularity. Finally, the Minister took into account that the applicant had recently narrowed the existing track and had laid grass along it, to give it a more rural character. Balancing all the issues, the Minister considered that the presumption against development in the Countryside Zone could be set aside in this instance.
Resource Implications: None
Action required: Issue Permit, notify Agent, Applicant and all other interested parties
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

Fields 4, 33 & 34, Blampied Farm, La Rue Ville es Gazeaux, St. Lawrence - variation of condition of planning permit P/2006/1918

Planning and Environment Department

Report

Application Number

RC/2009/1226

Site Address	Fields 4, 33 & 34, Blampied Farm, La Rue Ville es Gazeaux, St. Lawrence.

Applicant	Mr & Mrs G Boxall

Description	Variation of condition 1 to allow permanent vehicular access through fields 4 and 34 from permit P/2006/1918.

Type	Remove/Vary Condition Application

Date Validated	23/06/2009

Zones	Countryside Zone, Water Pollution Safeguard Area, PSSI

Policies	G2 –General Development Considerations C6 – Countryside Zone C13 – Safeguarding Farmland

Reason for Referral	Royal Court Appeal pending. Matter referred back to Minister on advice of Department after considering the appellant’s case.

Summary/

Conclusion

Following consideration of the appellant’s case at Appeal, it is the view of the Department that the Planning Applications Panel’s refusal is not sustainable and that the Minister should allow the variation of condition 1 to allow permanent access.

Officer

Recommendation

APPROVE variation of condition 1 of permission P/2006/1918

Site Description	Isolated group of buildings directly to the west of Handois reservoir.

Relevant Planning History	The redevelopment of this building group was permitted in 2005. Vehicular access existed via an existing track to the south. Subsequent to permission being granted, for the redevelopment of the group, access was considered under a separate application. Permission was granted in 2006 to allow temporary access to the site across fields from the north. This permission was limited for construction purposes and was conditioned to cease when the construction works were substantially complete

Existing use of Land/Buildings	Residential development following refurbishment, extension and conversion of existing buildings.

Proposed use of Land/Buildings	To allow the permanent use of a track for vehicular access, having previously conditioned that the access be used only for construction vehicles during the development.

Consultations	LC & ADS and HET have no objections. The Connetable of St. John objected to the access coming out onto La Rue de la Scelletterie at the Panel’s public meeting in October 2009.

Summary of Representations	There was one letter of objection to the application, relating to visibility, loss of amenity (to rear garden) and harm to the character of the area. There were also comments made regarding the historical and future use of this land.

Planning Issues	This is a complex matter and touches on a number of policies. The normal policy stance on such matters would be to refuse consent, based on a presumption against development in the Countryside Zone and a loss of farmland. The property is, after all, already served by a vehicular access from the south. However, in this case, particular circumstances exist. The appellants maintain that there has always been in existence an access of sorts along this route. The existing track to the south is plainly unsuitable for any vehicle larger than a small van and there is no suitable access for delivery or emergency vehicles. Notwithstanding the above, it is considered that the Panel’s decision in October 2009 was fatally flawed because of the manner in which the matter was determined. The Connetable of St. John (himself a member of the Panel) addressed the Panel without first withdrawing from the Panel table. Although the Connetable made it clear that he was taking no part in the decision, the appearance to the applicant was that a member of the Panel has addressed it on the application. This gave an appearance of partiality, which the department has been unable to defend in the subsequent Royal Court Appeal. Given this, and the marginality of the original decision, it is recommended that the Minister overturns the Panel’s decision and allows the permanent access to be retained.

Officer Recommendation	APPROVE variation of condition 1 of permission P/2006/1918

Background Papers	1:2500 Location Plan

Endorsed by:

Date: