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

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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: 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 ; That the Minister required that the draft conditions be supervised by The Law Officers for any comments; 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 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

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

Application Number

P/2007/2789

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

Applicant	Miss. J. Riggall

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

Type	Planning

Date Validated	27/11/2007

Zones	Countryside Zone Water Pollution Safeguard Area

Policies	G2 –General Development Considerations C6 – Countryside Zone C16 – New Agricultural Buildings and Extensions C17 – New dwellings for Agricultural Workers NR2 – Foul sewage Facilities

Reason for Referral	Conflicting policy objectives Level and degree of objection Ministerial Call-In

Summary/

Conclusion

The use of the land for livestock and as an orchard does not require planning permission.

The principle of the erection of the farm infrastructure and the proposed field entrance have been previously established.

The Environment Department have confirmed that a temporary dwelling can be located on site to allow the proper function of the farm holding, given that the submitted 6 year business plan indicates that the gross margin of the proposed smallholding should enable the applicant to qualify as a bona fide agriculturist within 4 to 6 years as long as the financial targets in the plan are achieved and that because of the nature of the applicant’s application, no precedent will be set for similar applications as regard the Rural Economic Strategy agricultural planning policy.

However, it should be clear that if the applicant is unable to meet the required gross margins within the specified time periods, then no further support will be forthcoming for a dwelling on the site.

Officer

Recommendation

APPROVE subject to conditions.

Site Description	Open Fields to the west of the Thistlegrove Industrial Estate.

Relevant Planning History	2006 – (Ministerial Approval) – PP/2006/2397 – Construct stable type animal infrastructure in Field 1566 and form access across Field 53 and Field 1566. In addition to the above, the originally submitted application also sought permission in principle for the erection of a two bedroom dormer cottage. The proposal to erect a dwelling on site in connection with the business operations, failed to receive support from the Rural Economy Strategy (RES) both functionally and financially and as a consequence, this element of the proposal was deleted from the permit. However, the Minister considered this issue of the applicant’s requirement for a dwelling further and she was subsequently advised that the following criteria would need to be satisfactorily demonstrated in order that a dwelling would be accepted on site: That a minimum of £40,000 gross margin for the business is reached; That it is demonstrated that the margin can be maintained for 3 years by a sustainable Business Plan, and That a minimum of 50% of the threshold must be derived from sheep or other agricultural activities where best practice demonstrates essential need for a dwelling. The Minister then further advised that he would support the erection of temporary habitable accommodation for the applicant’s full-time occupation on site to enable her to be able to achieve the gross margin thresholds referred to above. This would however be subject to a time restriction on the accommodation, sufficient to enable the achievement of the gross margin thresholds, but at the same time enabling the dwelling to be removed at some future stage should the thresholds not be met.

Existing use of Land/Buildings	Agricultural

Proposed use of Land/Buildings	Agricultural with ancillary buildings and temporary residential dwelling.

Consultations	Environment in their memorandum dated 21/1/08 state “The provision of accommodation on an agricultural unit for a person who has yet to qualify as a bona fide agriculturist and who has not previously proved they have the ability to run and maintain a profitable and sustainable agricultural business is not endorsed in the Rural Economic Strategy (RES) policies approved by the States in 2005. However, with the above in mind, the RES group recognise the following:- - That Miss Riggall has thoroughly researched her proposed business over a number of years; - That she has produced a 6 year business plan which indicates in future the gross margin of her proposed smallholding should enable her to qualify as a bona fide agriculturist within 4 to 6 years as long as the financial targets in the plan are achieved; - That a temporary dwelling on the proposed smallholding is desirable to allow Miss Riggall to manage her unit and to maintain the welfare of her animals, and - That because of the nature of Miss Riggall’s application, no precedent will be set for similar applications as regard the RES agricultural planning policy. Given the above, the RES group have no further objection to the approval of the planning application. Jersey Water in their letter dated 28/11/07 state ”No comments to make on this particular application” All consultations are attached with the background papers

Summary of Representations	A total of 26no. letters of objection have been received. The grounds of objection are as follows:  The proposal will create a precedent for other similar developments in the countryside;  There is no mains drainage to serve the site;  There is no requirement for a separate luxurious dwelling in the countryside;  The proposals are contrary to Adopted Island Plan guidance;  There is a lack of a proved need for a dwelling;  The proposed development is out of keeping with the area, and  The proposed buildings are not suitable for their designated purpose. The National Trust for Jersey in their letter dated 11/12/07 state “We would question the description of the proposed development as ‘temporary timber accommodation’ as it may not be clear that this is a new dwelling with 4,500 ft (sq) of further structures at the end of a very long drive. The field s have been successfully farmed for years and therefore to build a house and extensive outbuildings on the land, together with a driveway will unnecessarily take further productive land out of cultivation. The new group of buildings created will be over 100 metres away from nearby houses which is contrary to Island Plan policies. While we would like to support small-holdings, we consider that there are too many objections to the proposal. We also feel that this would set a precedent for unacceptable development in the Green and Countryside Zones.” Jersey Farmers’ Union in their letter dated 10/1/08 state that “We understand that the application for this dwelling was passed in principle subject to the applicant fulfilling the criteria that would establish her as a smallholder under the rules established by the Planning and Environment Department. These requirements are:- That a minimum of £40,000 gross margin for the business is achieved; That it is demonstrated that the margin can be maintained for three years by a sustainable business plan, and That a minimum of 50% of the threshold must be derived from sheep or other agricultural activity where best practice demonstrates a need for a dwelling on the site of the farming operation. We understand that the applicant is seeking to alter the present consent to allow accommodation without fulfilling these criteria. We believe that the Minister was right to place such conditions on the applicant and would urge him to maintain his decision. If he does not, then a precedent will be set and he will expose himself to many other requests from people whose real aim is to establish a dwelling in the countryside on the pretence of running an agricultural business.” The agent’s response in letters dated 27/12/07 and 8/1/08 states that “  The applicant has been rearing sheep for the past eight years, gradually increasing the flock to demonstrate to the Minister that hers is a genuine application to establish an agricultural unit;  The principle of creating a holding on the land has already been established by The Minister and the infrastructure for the holding is now on course for installation/erection in early 2008;  It is impossible to devise detailed policies to cover every facet of agricultural activity on the Island;  It is important for The Minister to have regard to all earlier correspondence;  No precedent can be set as the applicant has been trying to secure approval for a new holding for several years;  Large areas of land have been lost to agriculture on the Island over the past few years and at the same time there have not been many new entrants to agriculture;  The Economic Development Committee granted the applicant ‘bona fide’ agricultural status and supported the application for a dwelling in 2003, prior to all the current issues being out forward regarding the Rural Economic Strategy;  The buildings to house the animals and equipment have been specifically designed for the livestock outlined in the business plan in conjunction with UK and local specialists;  There is a clear distinction between equine, arable and farm livestock. Pedigree sheep are being bred for the local market and it is important to assist such endeavours when there is strong evidence of continuing decline in cattle numbers on the Island and of agriculture in general;  In order to effectively manage the new holding it is accepted practice in any agricultural community to be allowed temporary accommodation while the holding is expanding to achieve any theoretical threshold which would justify a permanent dwelling unit being agreed;  In aesthetic terms, it is better to have a well designed small temporary structure on site;  Local and UK vets have issued letters supporting the need to live on site to manage the welfare of the livestock in an acceptable way;  The planting of an orchard is not ‘development’;  No one has the right of view over someone else’s land, and  The applicant has already submitted plans demonstrating connection to mains drains. All letters of representation and responses are attached with the background papers

Planning Issues	Policy Considerations In respect of the proposed agricultural buildings, Policy C16 confirms that there will be a presumption against proposals for new agricultural buildings unless it is demonstrated that the proposed development is essential to the needs of agriculture and cannot be met in existing buildings elsewhere. Furthermore, where new building is justified, it shall be located within or adjacent to an existing group of buildings, unless it can be demonstrated that a more isolated location is essential to meet the needs of the holding, shall not unreasonably affect the character and amenity of the area, include the provision of satisfactory drainage and other service infrastructure and not lead to unacceptable problems of traffic generation, safety or parking. In respect of the proposed agricultural dwelling, Policy C6 states that applications for the development of new dwellings will not normally be permitted unless it is demonstrated to the satisfaction of the Committee that the development is essential to meet agricultural needs and cannot reasonably be met within the built-up area or from the conversion/modifications of an existing building. Policy C17 states that there will be a presumption against proposals for dwellings for agricultural workers in new and permanent buildings unless it is demonstrated that the proposal is essential to the proper function of the farm holding; cannot be provided on a site within the boundary of the built-up area and still meet functional need; is of a size appropriate to its functional need; will not unreasonably affect the character and amenity of the area; will not have an unacceptable visual impact; will not have an unreasonable impact on neighbouring uses and the local environment by reason of visual intrusion or other amenity considerations; includes the provision of satisfactory mains drainage and other service infrastructure and is in accordance with other principles and policies of the Plan. The key issue is whether or not the dwelling is essential. In this respect, the RES has concluded that the submitted business plan confirms that a temporary dwelling on the proposed small holding is desirable to allow the applicant to manage the unit and to maintain the welfare of the animals. Land Use Implications The site remains in agricultural use albeit with the addition of buildings, including a residential unit to serve the proposed holding. Size, Scale & Siting The new farm building range will comprise a ‘U’ shaped configuration measuring 26.215m long x 20.118m wide x 3.624m high (or 4.959m to the top of the vent tower). The building will be contained around a courtyard. Internally, the building will contain a sheep shed; a room for the storage of animal feedstuff; an office; egg, lamb and apple storage room with freezers; a room for apple juice processing and bottling; a room for the plucking and processing of table birds areas for the incubation of baby chicks, chick rearing and a chicken shed for table birds. Finally, there are two areas of the building for the storage of a sheep trailer and a tractor. The building will be located within Field 1566 away from residential properties. The proposed temporary accommodation will comprise a single building measuring 7.670m square x 4.237m high and contain a lounge, bedroom, bathroom, pantry and a kitchen and dining room. It will be sited some 4m directly to the south of the proposed farm building range. There will be a parking area for vehicles to the front of the accommodation building, accessed from the main access drive from Rue de La Golarde by a 4m wide access drive. The proposed development will not be harmful to the character and appearance of the Countryside Zone. Design & Use of Materials The farm building will be a sectional timber clad building with a corrugated fibre cement sheeted roof, set at a 20 degree pitch. Whilst the building arguably presents itself more as a range of stables than a building for the proposed uses, its design and appearance is nevertheless acceptable in this location. The proposed temporary accommodation building will be timber framed and clad to match the adjoining farm building. It will also contain slate grey roof shingles. The building will be required to be insulated to provide habitable living conditions. Impact on Neighbours The site in field 1566 is relatively isolated being over 100m from any other dwelling and as a consequence, the proposed buildings location will not have an unreasonable impact through overbearing or overlooking to any neighbouring properties. The vehicular access will be located some 16m to the south east of a property known as ‘Brookfield’. There is also a property known as ‘La Ruette’ to the north. Whilst there will be increased activity from this access, it is considered that this activity will not have any undue effect on the amenities of the occupants of those properties. Access, Car parking and Highway Considerations Previously, the Highway Authority for La Rue de la Golarde (Parish of St. Lawrence) had no objection to the formation of a new access off this road. The submitted scheme has indicated that an access can be provided with visibility splays, but a condition requiring more precise details on how the visibility splays will be provided and any required engineering works will need to be imposed. The main buildings are served by a 240m long access drive, some 3m wide and constructed in hardcore and hoggin. There are no details of any proposed passing places or any precise details of any car/vehicle parking provision on site to serve the development and this will also to be conditioned accordingly. Foul Sewage Disposal It is proposed to connect the development to a foul sewer and the applicant has previously demonstrated that enquiries have been made to T&TS to provide a connection. Surface water will be directed to soakaways. Precise details of these arrangements, which will involve the foul drainage being provided down the long access drive, will need to be conditioned accordingly. Landscaping issues The area is characterised by open fields with traditional boundaries between. The new buildings to be erected will need to be effectively screened to reduce their visual impact on the countryside. No landscaping details have been submitted and this detail will need to be conditioned accordingly. Other Material Considerations None.

Officer Recommendation	APPROVE subject to conditions.

Conditions Reasons	The temporary dwelling hereby approved 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 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. Persuant to Condition 1 above, if the required earnings have been achieved, then the gross margins must be maintained for 3 years from a date to be agreed in writing with the Planning and Environment Department. Should the 3 year time period be maintained to the satisfaction of the Planning and Environment Department, then the temporary condition will be removed. This permission shall inure for the benefit of Jenni Riggall only and shall not inure for the benefit of the land. Upon the applicant ceasing to occupy the site it shall not be used for any purpose other than the lawful use that existed prior to the determination of this application. The occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed in agriculture, as defined in Article 1 of the Island Planning (Jersey) Law 1964, or a dependent of such a person residing with him or her or a widow or widower of such a person, unless agreed in writing with the Minister for Planning and the Environment. 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. 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 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. No development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved by the Planning and Environment Department. The approved scheme shall be completed before the development is occupied and retained and maintained as such. 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 and means of enclosure), 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. Before any development first commences on site, precise details of the provision of vehicle passing places to serve the new development shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented before the development is first brought into use and shall be retained and maintained as such. 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. 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. 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. 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. To safeguard the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. To enhance the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. To ensure satisfactory drainage arrangements and to avoid flooding in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. 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. To ensure the provision of satisfactory driveway passing places to safeguard the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

Background Papers	1:2500 Location Plan Consultation responses Planning in Principle permit for pp/2006/2397 Letters from applicant Letters of representation.

Endorsed by:

Date: