Les Goues, Le Catillon, Grouville

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A decision made (26.10.06) to maintain refusal of planning permission for Les Goues, Le Catillon, Grouville.

Subject:	Les Goues, Le Catillon, Grouville Change of use from storage and maintenance of agricultural machinery to storage and repair of plant machinery in connection with the building industry
Decision Reference:	MD-PE-2007-0094	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/2006/0421
Written Report Title:	Request for Reconsideration of refusal of planning permission	Written report – Author:		Kelly Johnson
Decision(s To maintain the decision to refuse permission
Reason(s) for decision: The change of use of this shed out of the agricultural industry is an inappropriate conversion and is contrary to Policy C6 (iii). Further more the use would result in unacceptable problems of noise, traffic generation and highway safety contrary to Policies G2 (ii) and (iii).
Action required: Issue ‘Decision Maintained’ notice.
Signature: (Assistant Minister)			Date of Decision: 26.10.06

Les Goues, Le Catillon, Grouville - maintain refusal

Application Number: P/2006/0421

Request for Reconsideration Report

Site Address	Les Goues, Le Catillon, Grouville.

Requested by	Mr. J E Le Maistre	Agent	J S Livingston Architectural Services Ltd

Description	Change of use from storage and maintenance of agricultural machinery to storage and repair of plant machinery in connection with the building industry. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	1. The proposed use would unreasonably impact on neighbouring residential amenity by reason of noise, contrary to Policy G2 (ii) of the Island Plan 2002. 2. The proposed use would lead to unacceptable problems of traffic generation and highway safety, contrary to Policy G2 (vii) of the Island Plan 2002. 3. The proposed use is not an appropriate conversion of the existing building, contrary to Policy C6 (iii) of the Island Plan 2002.

Determined by	Delegated Refused

Date	03/05/2006

Zones	Countryside Zone Water Pollution Safeguard Area

Policies	G2 – General Considerations C6 – Countryside Zone

Recommendation

Maintain Refusal

Comments on Case	The subject shed lies within a property that includes 6 agricultural workers dwellings, 3 units let to the open market, 1 single storey bungalow and 1 two storey dwelling. The subject shed is approved for agricultural storage only. Policy C6(iii) provides that existing buildings may be converted into appropriate and non-intrusive commercial uses. However the proposed use is industrial in nature and is not appropriate in such close proximity to residential dwellings. By virtue of the nature of the business, being repair of plant machinery, the proposed use will result in an unreasonable impact on neighbouring residential properties by reason of noise. The proposed use will also result in the increase of heavy vehicles movements on a countryside lane. The Department has received two representations objecting to the change of use on the grounds of highway safety from the introduction on frequent heavy vehicles on a narrow lane with regular traffic. The applicant considers that the proposed use will not impact on the surrounding area any more than the current use. The applicant states that the current use is maintenance of agricultural machinery, however that is not its approved use. The approved use is for agricultural storage, primarily because Les Goues is a working agricultural farm and thus agricultural storage is required and because it is a use which is benign and, due to the close proximity of residential properties, will not detrimentally impact on the surrounding area. The applicant also argues the circumstances of his current premises to prove that the business will not detrimentally impact on the surrounding area. However, this is not an assessment on the business in question, nor on the persons involved. This is simply an assessment on the appropriateness of converting a current agricultural shed on a working agricultural farm into an industrial use. The proposed shed is approved for storage in connection with the agricultural industry and the working farm to which it relates. The change of use of this shed out of the agricultural industry on a current working farm is an inappropriate conversion and is contrary to Policy C6 (ii). Furthermore, the use will result in unacceptable problems of noise, traffic generation and highway safety contrary to Policies G2(ii) and G2(vii).

Recommendation	Maintain Refusal

Reasons	1. The proposed use would unreasonably impact on neighbouring residential amenity by reason of noise, contrary to Policy G2 (ii) of the Island Plan 2002. 2. The proposed use would lead to unacceptable problems of traffic generation and highway safety, contrary to Policy G2 (vii) of the Island Plan 2002. 3. The proposed use is not an appropriate conversion of the existing building, contrary to Policy C6 (iii) of the Island Plan 2002.

Background Papers	1:2500 Site Plan Letter from Mr Livingston, agent, dated 13 July 2006 Three letters of representation dated 10 August 2006, 23 March 2006, 15 March 2006

Endorsed by		Date