Les Sapins, Rue de la Guilleaumerie, St Saviour: Request for reconsideration of refusal of planning permission

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A decision made on 5 September 2012:

Decision Reference: MD-PE-2012 - 93			Application Number: PP/2011/1539 (If applicable)
Decision Summary Title :	Les Sapins, La Rue de la Guilleaumerie, St. Saviour, Jersey, JE2 7XF		Date of Decision Summary:
Decision Summary Author:	Planner		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:		Planner
Written Report Title :			Date of Written Report:
Written Report Author:	Marion Jones		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Les Sapins, La Rue de la Guilleaumerie, St. Saviour, Jersey, JE2 7XF Demolish derelict glass houses. Erect 2 no. dwellings and create orchard. REQUEST FOR RECONSIDERATION of refusal of planning permission.
Decision(s): The Request for Reconsideration of the Outline Planning Application was considered at a Ministerial Meeting on the 3rd August 2012 where the Minister for Planning and Environment deferred consideration of the planning application pending a site visit. The Minister received late papers on the 7th & 8th August 2012, and made his site visit on the 10th August 2012 accompanied by the Planner. Following the site visit and his review of the late papers the Minister has duly considered all the issues, including and in relation to case law, precedent and enabling development, and has now refused the planning application. The Minister required that original reasons 2 & 3, which related to the marketing of the site and the protection of existing commercial buildings to be re-used for employment related purposes, to be combined into one Reason to accord with the requirements of Supplementary Planning Guidance to Policy E1 & Policies SP3 and NE7, paragraph ‘C’ of the Adopted Island Plan, 2011. The Minister also required that original Reason 1 be amended to reflect the inadequacy of the financial arguments put forward, and be included as part of the reasons for refusal.
Reason(s) for Decision: In exceptional circumstances, the development of redundant glasshouse sites may be considered for non-agricultural purposes, provided the amount of development permitted will be the ‘minimum’ required to ensure a demonstrable environmental improvement of the site by the removal of the glasshouses and any contaminated material. In this instance the proposal to construct two new dwellings on the site is not considered to be the 'minimum' required to ensure a demonstrable environmental improvement in that the submitted financial appraisal clearly shows excessive costs and profit above the minimum required for glasshouse removal and decontamination. Further, the proposals fail to deliver demonstrable environmental improvements sufficient to demonstrate exceptional circumstances in relation to Policies NE7 & ERE7 of the Adopted Jersey Island Plan, 2011. It is considered that full and proper marketing of the site, as outlined within Appendix A of the Employment Land Policy E1 Supplementary Planning Guidance (SPG), has not been entered into fully as required by the terms of the stated criteria. Accordingly, the proposals are contrary to the provisions of Policies SP3, NE7 and E1 of the Adopted Island Plan, 2011. This site is not within the Built-Up Area and is considered to be remote from, services and public transport, relying on private transport to access the nearest shops and other amenities. Neither is the site in a sensitive landscape location, being predominantly hidden from public view. Although the glasshouses are vacant the proposals are not considered to be in accordance with the Spatial Strategy for the reasons identified above and are therefore contrary to the criteria of Policies SP1, SP2 & SP3 of the Adopted Island Plan, 2011.
Resource Implications: None.
Action required: Notify Agent, Applicant and all other interested parties
Signature: Deputy R C Duhamel		PLeg / AS Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):