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Holme Grown, Fauvic Nurseries, La Rue au Long, Grouville: Retrospective Planning Application (P/2009/0647): Determination

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A decision made 14 May 2012:

Decision Reference:   MD-PE-2012-0048

Application Number:  P/2009/0647

(If applicable)

Decision Summary Title :

Holme Grown, Fauvic Nurseries, La Rue au Long, Grouville.

Date of Decision Summary:

8 May 2012

Decision Summary Author:

 

Principal 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:

Principal Planner

Written Report

Title :

 

Date of Written Report:

 

Written Report Author:

 

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

 

Subject:  Holme Grown, Fauvic Nurseries, La Rue au Long, , Grouville, ,

 

RETROSPECTIVE: Create garden centre.

 

Decision(s):

At the Ministerial Meeting of 20th April 2012 the Minister resolved to approve application reference P/2009/0647 and grant retrospective planning permission for the creation of a garden centre at Fauvic Nurseries.

 

This grant of planning permission was contrary to the Department recommendation and as such the Minister is now required to formalise the decision by reference to establishing the Reason for Approval and considering any Conditions to be included on the decision notice.

 

These matters are confirmed below.

 

Reason(s) for Decision:

 

REASON FOR APPROVAL

The permission has been granted having taken into account the relevant policies of the approved Jersey Island Plan 2011, together with the other relevant policies and all other material considerations, including the consultations and representations received. The Minister considers that the grant of planning permission as a suitable exception to Island Plan Policies is justified in this instance, having regard to all the circumstances of the case. In particular the support offered to the local economy and rural enterprise by the high proportion of sales area related to the produce of the wider farm holding. The Minister has also considered the highways situation and considers that by reference to other approved developments at the site, the existing traffic flows and the availability of alternative routes to the site, that the development does not raise unreasonable safety concerns.

 

CONDITIONS

AND REASONS in italics

1. Within one month of the date of this permit there shall be submitted to the Minister for Planning and Environment, a scheme of landscaping which shall provide details of the following;

i) all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain on the site and on adjoining land within the same ownership;

ii) the position of all new trees and/or shrubs, this must include the species of plant(s)/tree(s) to be planted, their size, number and spacing and the means to be used to support and protect them;

iii) other landscape treatments to be carried out or features to be created, for example, any excavation works, surfacing treatments, or means of enclosure;

iv) the measures to be taken to protect existing trees and shrubs;

and,

v) the arrangements to be made for the maintenance of the landscaped areas.

To be thereafter approved in writing by the Minister for Planning and Environment.

 

To ensure that before development proceeds provision is made for a landscaping regime that will enhance the appearance of the development and help to assimilate it into the landscape, to accord with Policy NE7 of the Jersey Island Plan 2011.

 

2. All planting and other operations comprised in the landscape scheme hereby approved shall be carried out and completed in full in the first planting season following the approval of the development.

 

To ensure the benefits of the landscape scheme are not delayed, in the interests of the amenities of the area to accord with Policy NE7 of the Jersey Island Plan 2011.

 

3. Within one month of the date of this permit, a report setting out the arrangements for the management of the landscaped areas shall be submitted to and approved by the Minister for Planning and Environment, to include that any trees or plant(s) planted in accordance with the approved landscape scheme, which within a period of five years from the planting taking place; die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season, unless the Minister for Planning and Environment gives written consent for a variation of the scheme.

 

To mitigate against the potential failure of trees and plants, and the extent to which that might threaten the success of the approved landscape scheme and to accord with Policy NE7 of the Jersey Island Plan 2011.

 

4. Within two months of the date of this permit the applicant shall submit to and have approved in writing by the Minister for Planning and Environment a Green Travel Plan which shall demonstrate measures to encourage alternative modes of transport for staff, customers and other users, other than single occupancy of vehicles and include timescales for when those measures shall be put into place.

 

In the interests of sustainable development, including reducing the need to travel by private car, to accord with Policies SP6, GD1 and TT9 of the Jersey Island Plan 2011.

 

5. Within two months of the date of this permit development details of cycle parking facilities shall be submitted to and approved in writing by the Minister for Planning and Environment to be thereafter implemented and maintained in perpetuity.

 

In the interests of sustainable development, including reducing the need to travel by private car, to accord with Policies SP6, GD1 and TT9 of the Jersey Island Plan 2011.

 

6. Unless otherwise agreed in writing by the Minister for Planning and Environment, there shall be no external storage of plants, materials, goods and/or other products / equipment, other than in the external area of 603.75 sq m as shown on the approved Site Plan.

 

For the avoidance of doubt and in the interests of the amenity of the area, to ensure compliance with Policies GD2, and NE7 of the Jersey Island Plan 2011.

 

7. This facility is authorised only as a Garden Centre and unless otherwise agreed in writing by the Minister for Planning and Environment, the range of goods permitted to be sold is:

  1. Plants, seeds, flowers, trees and home growing kits;
  2. Compost, peat, slabs, domestic aggregates, mulches and similar;
  3. Small garden implements / tools, to include gloves, sprayers, watering cans, hoses, sprinklers and similar;
  4. Traditional garden greenhouses, grow houses, barbeques, fencing and cabins;
  5. Compost bins, wormeries, water butts, gazebos, hammocks, garden furniture, garden stoneware, garden statuary, water features, pre-cast ponds and garden lighting.

 

For the avoidance of doubt and in the interests of preserving the amenities of the area and protecting the spatial development of the Island, in accordance with the provisions of Policies NE7, ER2, ER8 and ER10 of the Jersey Island Plan 2011.

 

8. The retail floorspace hereby permitted shall be restricted to a maximum of 1,755.75 sq m (net) as shown on the approved Site Plan, comprising:

  1. 603.75 sq m of external display area for bulky goods and outdoor plants;
  2. 1,152 sq m of internal sales area (with no less than 50% of that area for the sale and display of plants which have been propagated on the Fauvic Nursery farm holding or which have been grown on at the Fauvic Nursery farm holding, from their time of arrival to meet customer requirements), subdivided into the areas marked ‘A’ and ‘B’ on the approved Site Plan, to comprise:
  1. 576 sq m of local plants and non-local goods;
  2. 576 sq m of local plants, storage and seasonal events (one month at Christmas, two weeks at Easter and two weeks at Halloween).

 

For the avoidance of doubt and in the interests of preserving the amenities of the area and protecting the spatial development of the Island, in accordance with the provisions of Policies NE7, ER2, ER8 and ER10 of the Jersey Island Plan 2011.

 

9. The development hereby permitted shall not be subdivided into separate retail units / concessions.

 

For the avoidance of doubt and in the interests of preserving the amenities of the area and protecting the spatial development of the Island, in accordance with the provisions of Policies NE7, ER2, ER8 and ER10 of the Jersey Island Plan 2011.

 

10. The car park as identified on the approved Site Plan shall be kept available on an unrestricted basis for customers of the garden centre and Holme Grown shop.

 

For the avoidance of doubt and in order to ensure compliance with Policy GD1 of the Jersey 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):

 

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