Field 55, 62 and Cowley Dairy Farm, Rue du Pont, St. Saviour

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A decision made (22.04.08) to approve with conditions planning permission for construction of staff accommodation at Field 55, 62 and Cowley Dairy Farm, Rue du Pont, St. Saviour.

Decision Reference: MD-PE-2008-0115			Application Number: PP/2007/1974 (If applicable)
Decision Summary Title :	Field 55,62 & Cowley Dairy Farm, La Rue du Pont, ,St. Saviour		Date of Decision Summary:		16.5.08
Decision Summary Author:	Chris Jones		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		n/a
Written Report Title :	Field 55,62 & Cowley Dairy Farm, La Rue du Pont, St. Saviour		Date of Written Report:		31.03.08
Written Report Author:	Chris Jones		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Field 55,62 & Cowley Dairy Farm, La Rue du Pont, ,St. Saviour Construct 2 No. units of staff accommodation.
Decision(s): The planning application was presented to the Ministerial Meeting on 11th April 2008 where it was deferred pending a Ministerial Site Visit prior to the formal decision being taken. The Minister visited the site on 22nd April 2008 and resolved to approve the application subject to Conditions.
Reason(s) for Decision: Permission has been granted having taken into account the relevant policies of the Approved Island Plan, together with other relevant policies and all other material considerations including the consultations and representations received. A. If the development hereby permitted has not commenced within five years of the decision date, this permission shall cease to be valid. Reason: The Minister for Planning and Environment reserves the right to reconsider this proposal consequent on any future change of circumstances or policy. B. Application for the approval of Reserved Matters, as detailed in condition C, shall be made before the expiration of three years from the date of this decision. Reason: To accord with Article 19(4) of the Planning and Building (Jersey) Law 2002. C. Approval of the details of the siting, design and external appearance of the buildings, means of access thereto and landscaping of the site – hereinafter called the Reserved Matters – shall be obtained by application to the Minister for Planning and Environment prior to any development commencing. Reason: To accord with Article 19(4) of the Planning and Building (Jersey) Law 2002. Condition(s) 1. Before any development first commences on site, a landscaping scheme shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme (which shall include the planting mixes outlined in the consultation response received from the States Ecologist dated 30.8.07), shall be undertaken within the first available planting season and any trees or plants which die, are removed or become seriously diseased within a period of five years from the date the planting first takes place, shall be replaced in the next planting season with others of a similar size and species. Reason(s) 1. To safeguard the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature:		PT/ Pleg initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed): 22 April 2008

Field 55, 62 and Cowley Dairy Farm, Rue du Pont, St. Saviour - construction of staff accommodation

Planning and Environment Department

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Application Number

PP/2007/1974

Site Address	Field 55,62 & Cowley Dairy Farm, La Rue du Pont, St. Saviour.

Applicant	Cowley Farm Ltd

Description	Construct 2 No. units of staff accommodation.

Type	Planning Principle

Date Validated	15/08/2007

Zones	Countryside Zone Water Pollution Safeguard Area

Policies	G2 –General Development Considerations G3 – Quality of Design G4 – Design Statements C6 – Countryside Zone C13 – Safeguarding farming C16 – New Agricultural Buildings and Extensions NR1 – Protection of Water Resources

Reason for Referral	Size and scale of development proposal Link of proposed redevelopment of existing dairy farm complex and Cowley Dairy Farm.

Summary/

Conclusion

Cowley Dairy Farm is in urgent need of modernisation and is not compliant with the requirements of impending legislation regarding farm waste storage. To modernise and become viable, the farm requires substantial re-development. However, the farm does not currently generate sufficient profits, nor does the applicant have access to commercial funding for this purpose.

Although submitted separately, the three applications for Cowley Dairy Farm (this application), P/2007/1936 for the re-development of the farm complex and PP/2007/1799 for the residential enabling development at Cowley Farm are also on the agenda and must be considered as a whole. This is because they are all financially and operationally inter-dependent.

The applicant is now in a position where a decision about his scheme is urgently required. The timescales and legislation which are driving his ambitions, require his farm to be compliant by the Winter of 2008 and he has confirmed that if the re-development of the farm does not take place this year, then he will have no alternative but to retire from farming.

Officer

Recommendation

Subject to the satisfactory completion of a Planning Obligation to ensure that funds generated from the sale of Cowley Farmhouse development are used for the development of the Cowley Farm dairy complex, then GRANT PLANNING PERMISSION subject to conditions. If the Planning Obligation is not completed within 3 months of the date of preparation, then the planning application shall be returned to The Minister for Planning for further consideration.

Site Description	Cowley Dairy Farm comprises some 200 vergees located off La Rue du Pont at Maufant. It is part of a larger holding of 510 vergees in total. The majority of the land is in grass, apart from 170 vergees in which forage crops and cereals are grown. There are some storage buildings at Roselands Farm where the applicant lives. The main centre of the dairy farming operations of the holding is at Cowley Dairy Farm.

Relevant Planning History	2007 – Pre-application advice – PA/2007/0705 -The re-development of Cowley Farm to provide four units of accommodation within the existing group of Registered Buildings and the development of three new build properties close to Cowley Farmhouse as enabling development to allow the re-development and rationalisation of Cowley Dairy Farm in order to secure agricultural operations. The development of Cowley Farmhouse is likely to be acceptable in principle at officer level, given the context of Policy C6. However given that no specific information was available and as the buildings are included as Buildings of Local Interest, no view was given on the number of units that may be accommodated. Secondly and at the time, no enabling policy had been adopted and as a consequence, there was no framework in which to promote the new dwellings indicated in the scheme. The applicant was advised that the policy was also likely to stipulate the financial tests required to be applied for the enabling development as well as a test to minimise the impact of any enabling development by siting it close to existing building groups. This has been pursued to some extent, but concerns were expressed over the suburban nature of the layout as well as significant reservations over how the car parking would be provided. Finally, the proposed re-development of Cowley Farm would be likely to be supported at officer level, subject to demonstrating the works required for agriculture, in which case support from the States’ Land Controls and Agricultural Development Section of the Environment Department would be vital. 1998 – Delegated Approval – PB/1998/0483 – Replace and extend silage clamp with associated landscaping. 1989 – Delegated Approval – SC/1989/1340 – Pipe stream to the east of Cowley Farm. 1989 – Delegated Approval – D/1989/1264 – Pipe section of stream through centre of existing dairy farm complex. Construct new milking parlour and dairy unit to the east of the existing stream and demolish existing out-moded parlour and dairy on completion of new unit. 1989 – Delegated Approval – P/1989/0917 – Construct new milking parlour and dairy unit to the east of the existing stream and demolish existing parlour and dairy on completion of the new unit.

Existing use of Land/Buildings	Existing dairy farm complex with: Dutch barn – 8m high x 15m long x 7.4m wide; Silage clamp – 4.3m high x 50m long x 9.4m wide; Cattle housing buildings – 7m high x 36.6m long x 10m wide; Tower Silo – 17.4m high x 6m long x 6m wide; Livestock and machinery storage shed – 7.4m high x 12.4m long x 23.4m wide; Slurry store – 7m high x 7m long x 7m wide; Feed store – 7m high x 5.5m long x 5.5m wide, and Milking parlour building – 5.4m high x 58m long x 14m wide. Open storage yard. Existing pond.

Proposed use of Land/Buildings	New staff accommodation. The following development is proposed under P/2007/1936: Proposed dairy farm complex. Dutch barn, cattle housing buildings, tower silo and slurry store to be demolished. Feed storage to be relocated and livestock and machinery store and milking parlour building to be retained. New silage clamp – 4.3m high x 50m long x 9.4m wide; New young stock building - 5m high x 48.8m long x 8m wide; New cattle housing building – 9m high x 54m long x 43m wide; New feed storage/dutch barn building – 8m high x 11m.6m long x 33m wide, and New slurry store – 8m high x 24.7m long x 24.7m wide. New tree and hedgerow planting. Re-grading of land to the north of main farm complex. Reshape existing pond and brook. Formation of new pond to 450mm depth and creation of reed bed. Creation of new footpath (350m in length) across field s 73 and 77 from La Rue du Pont south to La Rue de Vieux Menage.

Consultations	Parish (Roads Committee) in their letter dated 28/9/07 state “The Committee has no objection to the proposal to construct 2 units of staff accommodation as illustrated on Drawing No. 07.19.01 and is satisfied with the visibility line towards the west, but would like to see improved visibility towards the east, given the anticipated increase in heavy vehicular movements negotiating the access/egress.” Environment (Dairy and Livestock Advisor) in their letter dated 21/8/07 state ”Mr. Le Gallais is planning to construct a new 210 cow dairy herd complex at Cowley Farm. The size of the new unit would necessitate 2 units of staff accommodation in order to meet the essential needs of the farm. The 2 or more staff required to meet the essential needs of the existing herd of 180 dairy cows are currently accommodated within Cowley Farmhouse. However, these housing facilities are in need of modernisation and require considerable investment. If Cowley Farmhouse is developed into private housing, it will therefore become essential that the new staff accommodation is provided close to Cowley Farm and the new dairy complex to safeguard animal welfare.” Environment (Ecologist) in their letter dated 26/10/07 state “We would recommend that as much as possible of the well established hawthorn hedge adjacent to La Rue du Pont should be retained for its wildlife value. However, if for visibility purposes part of the hedge must be realigned, we would recommend the following mix of shrubs, which are of particular relevance to Jersey because not only do they support a wide range of plant species, they provide a dispersal habitat for a range of wildlife and reduce fragmentation of the landscape.” PSD (Drainage) have confirmed the same comments in their original letter dated 31/7/07 and subsequent letters dated 7/9/07; 30/10/07 and 31/3/08 as documented in the report for the new replacement farm complex application on this agenda (P/2007/1936). PSD (Drainage) in their further letter dated 7/9/07 state “Under the Drainage (Jersey) Law 2005, the construction of the accommodation is required to be a minimum of 5 metres from the public sewer that runs along the northern boundary of La Rue du Pont. Any foul connections for the new accommodation units must be carried out by this Department. It is assumed that surface water from the buildings will be directed either to soakaway or to the pond/stream to the east.” All consultations are attached with the background papers

Summary of Representations	Planning application advertised in local newspaper and site notice posted. No responses received. All letters of representation and responses are attached with the background papers

Planning Issues	Policy Considerations This site lies within the Countryside Zone as defined by the Island Plan 2002. Policy C6 of the Plan does not allow for the erection of new dwellings unless they are in connection with an established agricultural need. Land Use Implications The use as the land as a dairy farm with ancillary infrastructure will not alter with the new proposals. However, the proposal to erect 2no. units of staff accommodation within the complex will ensure that staff will be on site, rather than at the main Cowley Farmhouse. In principle, this is considered to be acceptable. Size, Scale & Siting The application seeks to establish the principle of new staff accommodation on site, whilst the siting has been indicated, no details of size and scale have been provided. The siting of the accommodation to the road boundary, adjoining the livestock and machinery shed is considered to be acceptable in principle. Design & Use of Materials The application seeks to establish the principle of new staff accommodation on the site. As a consequence of this, no design and materials details have been included. Impact on Neighbours It is proposed to site the new accommodation to the site frontage directly adjoining La Rue du Pont. There are no residential properties in close proximity to this part of the site. Access, Car parking and Highway Considerations The new development will utilise the existing site access off La Rue du Pont, which is to be improved under P/2007/1936. The proposals will involve the re-alignment of the existing farm access off La Rue du Pont. This will be achieved by the replanting of the existing hedgerow back behind a newly formed visibility splay of 2m x 60m in a westerly direction and 2m x 22m in an easterly direction. The small length of existing fence to the eastern side of the access will also be re-aligned behind the new splay lines. Whilst the comments of the Parish have been noted. It should be borne in mind that the access to the farm is an existing access and there is little scope to improve the access to the east as required by the Parish, given the limited amount of land available and the orientation of the road in this location. It is considered that the access arrangements are acceptable. Adequate space also exists within the farm complex to be able to accommodate the necessary farm vehicles and car parking. Foul Sewage Disposal The applicant has been actively working with officers from T&TS to overcome all the comments raised in the initial consultation responses documented earlier in the report. It is now confirmed that the proposed drainage arrangements (which now include the provision for rain water harvesting) are acceptable. Landscaping issues In conjunction with the re-development of the farm complex and as required by Policy C6, the applicant proposes to undertake substantive landscape improvements to the area in the form of new tree and hedge planting. This will help to screen the development and integrate it into the countryside location, but will also help to improve the existing landscaping arrangements by the restoration of existing hedgerows. Whilst the submission indicates illustrative details of the proposed landscaping arrangements, a more detailed landscaping scheme will be required (the applicant has agreed to incorporate the suggested species mix suggested by the Ecologist), together with a management plan and this can be controlled by condition. Other Material Considerations Given that the proposals involve the relatively new concept of enabling development, it is important to ensure that the finance generated from the residential development proposals at Cowley Farmhouse are then used to finance the new development of the dairy farm complex. This can be secured by a legally binding Planning Obligation which will encompass all three inter-linked planning applications and ensure that generated finance is used as appropriate. The proposed staff accommodation will be located on an existing grassed area within the farm complex, directly to the east of the retained livestock and machinery storage shed. This development will also utilise the farm access arrangements. The site boundaries of the staff accommodation will then be landscaped in accordance with the overall landscape strategy proposed for the complex as a whole. Whilst it is acknowledged that the new accommodation is for farm staff, it is nevertheless considered that the siting and design of the proposed new farm buildings will not have any adverse impact on the amenities of the occupants of those new properties.

Officer Recommendation	Subject to the satisfactory completion of a Planning Obligation to ensure that funds generated from the sale of Cowley Farmhouse development are used for the development of the Cowley Farm dairy complex, then GRANT PLANNING PERMISSION subject to conditions. If the Planning Obligation is not completed within 3 months of the date of preparation, then the planning application shall be returned to The Minister for Planning for further consideration.

Conditions Reasons	Standard outline conditions relating to time period and details of the siting, design and external appearance of the buildings, means of access thereto and landscaping of the site (the Reserved Matters) will be generated automatically on the Planning Permit. Before any development first commences on site, a landscaping scheme shall be submitted to and approved in writing by the Planning and Environmental Department. The approved scheme (which shall include the planting mixes outlined in the consultation response received from The States Ecologist dated 30.8.07), shall be undertaken within the first available planting season and any trees or plants which die, are removed or become seriously diseased within a period of five years from the date the planting first takes place, shall be replaced in the next planting season with others of a similar size and species. 1. To safeguard the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

Background Papers	1:2500 Location Plan Pre-application advice letter dated 10/5/07. Consultation Responses

Endorsed by:

Date: