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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Field 1566, 52 and 53, Rue de la Golarde, St. Lawrence - deferred

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A decision made (16.05.08) to defer a decision to approve planning permission of Field 1566, 52 and 52 Rue de la Golarde, St. Lawrence.

Decision Reference:   MD-PE-2008-0118

Application Number:  P/2007/2789

(If applicable)

Decision Summary Title :

Field 1566, 52 and 53, La Rue de la Golarde, St. Lawrence

Date of Decision Summary:

20.5.08

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 1566, 52 and 53, La Rue de la Golarde, St. Lawrence

Date of Written Report:

28.1.08

Written Report Author:

Chris Jones

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Field 1566, 52 and 53, La Rue de la Golarde, St. Lawrence

 

Construct farm infrastructure, orchard, field entrance improvements and temporary timber accommodation on Field 1566.

 

Decision(s):

The planning application was presented to the Ministerial Meeting on 15th February 2008 where although the Minister was minded to approve the application, it was deferred pending the following before final consideration:

 

  1. That the Minister required further conditions to be included on any Permit in order to be able to monitor and assess the progress of the agricultural activity on site ;
  2. That the Minister required that the draft conditions be supervised by The Law Officers for any comments;
  3. That the Minister required that clarification be sought from the applicant as to why an alternative offer of accommodation in close proximity to the site was not accepted, and
  4. That the Minister required that Deputy Mezbourian and Constable Fisher be consulted on the draft conditions for any comments.

 

The above requirements were duly undertaken and the Minister issued the Permit on 16th May 2008.

 

 

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 and the prevailing conditions in the agricultural industry at the time.

 

Conditions

 

1.         The temporary dwelling hereby approved (which shall be constructed on removable base pads) shall be for a period of 6 years from the date of this permission. If by that time the required gross margins from the agricultural practices being undertaken on site have not been achieved, then the dwelling shall be removed and the land reinstated to its previous condition in accordance with a scheme of works to be submitted to and approved in writing by the Planning and Environment Department before the expiry date. The approved reinstatement scheme shall be implemented in full as soon after the expiry date as is reasonably practicable.

2.         Persuant to Condition 1 above, if the required earnings have been achieved within 6 years, then the gross margins must be maintained for a further 2 years from a date to be agreed in writing with the Planning and Environment Department. Should the required earnings be achieved for 3 consecutive years to the satisfaction of the Planning and Environment Department, then the temporary condition will be removed.

3.         The audited accounts from the agricultural business shall on an annual basis, be submitted to the Planning and Environment Department for information and monitoring. Prior to development commencing, a date for the annual submission shall be agreed in writing by The Minister for Planning and the Environment.

4.         This permission shall inure for the benefit of Jenni Riggall only and shall not inure for the benefit of the land. In the event of the applicant ceasing to occupy the site, the dwelling shall be removed and the land shall not be used for any purpose other than the lawful use that existed prior to the determination of the application.

5.         Before any development first commences on site, sample details of the proposed materials to be used in the construction of the new development (to include the access drive surfacing and the proposed means of field/animal enclosures)shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full and retained and maintained as such.

6.         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 details of planting to screen the new temporary dwelling and farm buildings) 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.

7.         No development relating to new dwelling shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be completed before the development is occupied and shall be retained and maintained as such.

8.         Notwithstanding the access and access drive details indicated on the submitted drawing no. 1610 03 Rev B (States Reference No. P/2007/2789 G), before any development first commences on site, precise details of the proposed access arrangements off La Rue de la Golarde (to include details of any engineering operations, means of enclosure and the re-routing of the access drive to the east of the originally proposed position for the first 80 metres in length) shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full before the development is first brought into use and shall thereafter be retained and maintained as such.

9.         The occupation of the dwelling hereby approved shall be limited to a person solely or mainly employed or last employed in agriculture, as defined in Article 1 of the Planning and Building (Jersey) Law 2002, or a dependent of such a person residing with him or her, unless otherwise agreed in writing with the Minister for Planning and Environment.

10.       Notwithstanding the details indicated on the submitted drawing no. 5835 Rev A (States Reference: P 2007 2789 Drawing E), this permission does not purport to grant consent for the proposed tower/weather vane arrangements located over the archway.

Reason(s)

1.         The temporary building is unsuitable to form part of the permanent development of the area and to enable the Planning and Environment Department to give further consideration to the buildings retention at the expiration of this permission having regard to the circumstances existing at the time in accordance with the requirements of Policy C17 of the Adopted Island Plan 2002.

2.         For the avoidance of doubt and to enable the Planning and Environment Department to maintain control over the development in accordance with the requirements of Policy C17 of the Adopted Island Plan 2002.

3.         For the avoidance of doubt and to enable the Planning and Environment Department to maintain control over the development in accordance with the requirements of Policy C17 of the Adopted Island Plan 2002.

4.         This permission is only granted in view of the exceptional circumstances of the applicant in accordance with the requirements of Policy C17 of the Adopted Island Plan 2002.

5.         To safeguard the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

6.         To enhance the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

7.         To ensure satisfactory drainage arrangements and to avoid flooding in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

8.         To ensure the provision of satisfactory access arrangements in the interests of traffic safety in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

9.         There is a presumption against residential development in the countryside unless it can be shown to be essential to meet a desirable agricultural need. The dwelling has been approved to meet such a need and it is necessary to restrict occupancy to ensure that the new dwelling remains available to meet agricultural needs in the future in accordance with the requirements of Policy C17 of the Adopted Island Plan 2002.

10.       For the avoidance of doubt and to enable the Planning and Environment Department to maintain control over the development 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):

16 May 2008

 

 

 

 

 

 

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