Field 622, Le Clos de la Croute, St Ouen: Planning Application

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A decision made on 5 October 2012:

Decision ref:	MD–PE–2012-0106
Subject:	Public inquiry for P/2010/1717: 19 sheltered accommodation units, communal building and new vehicular access at Field 622, Le Clos de la Croute, St. Ouen
Decision Summary title:	DS – PI for F622, St Ouen
DS author:	Director
DS date:	01 October 2012	DS Status:	Public
Written Report title:	WR - PI for F622, St Ouen
WR author:	Principal Planner
WR date	21 September 2012	WR Status:	Public
Oral rapporteur:	Principal Planner / Director
Decision(s):	The Minister resolved to hold a Public Inquiry before the determination of the application P/2010/1717
Reason(s) for decision:	If the development of 19 homes at F.622, St Ouen were to be carried out, it would represent a substantial departure from the 2011 Island Plan Where the Minister is satisfied that a development, if carried out, would represent a departure from the Island Plan he shall not determine the application until a public inquiry has been held.
Legal and resource implications:	The decision accords with Article 12(1) and (2) of the Planning and Building Law (Jersey) 2002. The resource implications of holding a public inquiry will need to be met from within existing budgets.
Action required:	The department to advise the applicant of the Minister’s decision; The department to make the necessary arrangements for a public inquiry in accord with the provisions of the Planning and Building (Public Inquires)(Jersey) Order 2008
Signature:
Position:	Deputy RC Duhamel, Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Field 622, Le Clos de la Croute, St Ouen: Planning Application - Public Inquiry

TO: Minister for Planning and Environment

FROM: Tony Gottard, Principal Planner, Policy & Projects

DATE: 21 September 2012

POLICY REPORT

Application Address:

Field No. 622, Le Clos de la Croute, St. Ouen.

D C REF: P/2010/1717

Proposal and policy context

The proposal is to develop Field 622 for 19 no. parish sheltered dwellings. 55% to be for open market rent and 45% to be social rent.

The site is currently in the Green Zone, as defined in the 2011 Island Plan which, at Policy NE7, confers a general presumption against all new development for whatever purpose. However the Parish have made a request to the Minister to consider the proposal against Policy H5 – Housing in Rural Centres.

Background and planning history

The Connétable of St Ouen lodged a report and proposition (P/48/2010) on 19 April 2010 asking the States to request the Minister for P&E to rezone the eastern part of Field 622, Rue de la Croûte, St. Ouen from the Green Zone to the Built-Up Area for the development of Parish sheltered accommodation. However on the advice of the former Director for Planning, the report and proposition was withdrawn and instead the Connétable made a request that the new Island Plan include field 622 for the development of Parish sheltered housing.

In parallel with the Island Plan Review, the Connetable also submitted a planning application (P/2010/1717) proposing the development of 19 no. sheltered homes on part of Field 622. Accordingly, the Minister is bound to consider and determine the current planning application and the policy and process issues are set out below.

Island Plan Review

Field 622 is currently in the Green Zone of the 2011 Island Plan.

The Connétable’s representation was reviewed by the Independent Planning Inspectors at the Island Plan Examination in Public, on 5 October 2010 at which the Connétable and other interested parties were invited to attend. Representations were made to the inspectors by four people who raised concerns about the proposals to rezone the field for development.

The inspector’s published recommendation to the Minister was:

‘It is appropriate that this site is included in the Green Zone for the reasons the Minister gave. However, it relates well to the village and in the event of the preparation of a Village Plan under Proposal 15 and Policy H5, it might provide a suitable site for consideration for affordable housing to meet local needs and recommended that the plan should not be amended.

On the basis of the evidence provided, the recommendation to the Minister, relative to the Island Plan Review, was that the site remain within the Green Zone but that there remains a mechanism to test its potential suitability for the provision of homes to meet local needs through Policy H5: housing in rural centres and Policy SP1 – Spatial Strategy.

The requirement for elderly homes.

The Connetable currently has 60 applications from elderly parishioners requiring either rental accommodation for open market or social housing purposes. In addition, the Housing Department have 277 applications for people over the age of 55 housed in either unsatisfactory private accommodation or on the Housing Department or Housing Trust waiting list. Whilst there may be an element of double counting between the Parish and Housing Department, there is a clear need for sheltered housing, both in the Parish and Island wide.

Location

Field 622 is located on the west boundary of the village and is immediately adjacent to the built-up area and is approximately 1¾ acres (4 vergees) and was identified by the Parish following an assessment of possible sites, see attached report.

Proposed dwelling yield

The proposed development is for 19 no 2 bedroom life-long homes which equates to a residential density of 32 habitable rooms per ace.

Accessibility

Vehicular access to the proposed development would be from La Rue de la Croute. An existing pedestrian route links Field 622 with the existing shops, community facilities and bus shelter

Visual impact

The proposed development would have a low visible impact in the wider landscape; however it would have significant impact to the local landscape, particularly from Rue de la Croute and La Route du Marais, and the adjacent residential development.

Character

The area to the North and West of the field has a remote rural character, containing small groups of dwellings which retain a strong local vernacular. To the east of the site is a small development of 20thc dwelling which form the boundary of the existing village envelope.

Impact to neighbours

Significant concerns have been raised by immediate neighbours, about the loss of agricultural land and the general impact to the amenities of the area.

Value to agriculture

The 7 vergee field is in active agricultural use. The proposed development would take approximately half of the land.

Policy NE7 – Green Zone

The field is located in the green zone and as such there is a general presumption against new development. Accordingly the Minister would need to consider making an exception to the policy.

Policy H5 – Housing in rural areas

The proposal meets all of the points with the exception that the field is not in the built-up area. Accordingly the Minister would need to consider making an exception to the policy.

Policy SP1 – Spatial Strategy

This policy makes provision for the development of Greenfield land, in exceptional circumstances, where it justifiably supports parish communities. Accordingly, this policy is a material consideration.

SP 2 – Efficient us of resources

This policy requires the most efficient and effective use of land, to deliver a more sustainable form and pattern of development, securing the highest viable density. The proposed development achieves a density of only 32 hr/a which delivers only ⅓ of the Parish requirement. Accordingly, the Minister would need to be satisfied that the most efficient use of land is being achieved within the context of the area.

Article 19(3)

Any favourable consideration of this proposal would represent a departure from the Island Plan, however the Planning law, at Article 19(3), enables the Minister to grant permission for development that is inconsistent with the Island Plan where he considers that there is sufficient justification for doing so.

Public Inquiry

In addition, where the development would be a departure (other than an insubstantial one) the Minister should not determine the application until a public inquiry has been held (Article 12(2)). It is considered that the development of 19 homes in the Green Zone would represent a substantial departure from the 2011 Island Plan for which a public inquiry should be held.

The holding of an inquiry would enable the detailed considerations outlined above to be tested along with the principle of developing a field to provide homes.

It is considered that once an inquiry had been held (in accord with the provisions of the Planning and Building (Public Inquiries)(Jersey) Order 2008) the Minister would be able to determine the application. It would still remain, however, within the gift of the Minister to seek the approval of the States before determination.

Recommendation

That the Minister holds a Public Inquiry under Article 12(2) of the Planning and Building (Jersey) Law before determination of the application.