Agents supporting statement “It is imperative that this application and the submitted application for the site at Mont a L’Abbe Nurseries (P/2008/0067) (also on this agenda) are considered together. Both sites are owned by Mr. G. Harris, who has made several applications over the past ten to 15 years to construct dwellings on the La Bonne Aubaine site, all of which have been refused. After lengthy negotiations with senior planners and politicians, it has been suggested that a planning proposal that provides a very significant and positive contribution to landscape character and also a hugely significant 83% reduction in built floor space may well be looked on favourably by the Planning Department. It is clear that the La Bonne Aubaine site is very well screened and hidden from views on almost all sides and the Mont a L’Abbe site is on the contrary highly prominent in the broader landscape and can be seen from a great distance away in a number of different directions. On this basis, it has been decided that to achieve the most effective planning gain in terms of a significant positive contribution to the countryside as a whole, was to remove all traces of any development on the well screened La Bonne Aubaine site. To further enhance this philosophy, it has been decided to design the proposed two buildings in a simple, traditional linear form, utilising traditional self-toned materials to help the proposal blend in successfully with its surroundings. It is also considered that the existing bungalow at Mont a L’Abbe is poorly designed and not appropriate to its rural setting and therefore its removal will benefit this prominent part of the countryside. By suggesting the restoration of this site to natural landscape, it is simply meant ‘open land’ and do not propose providing a landscaping scheme in the future. The applicant has requested that the demolition of the existing bungalow is not carried out until the new buildings are occupied, due to the inevitable 18 month period while the new development is constructed.” Policy Considerations Policy C6 states that the Countryside Zone will be given a high level of protection and there will be a general presumption against all forms of new development for whatever purpose. It is recognised however, that within this zone there are many buildings and established uses and that to preclude all forms of development would be unreasonable. Within this zone, there will be a presumption against the redevelopment of commercial buildings but that exceptions may only be permitted where it is demonstrated that the redevelopment would give rise to substantial environmental gains and a significant contribution to the character of the area. It is expected that such improvements would arise, in particular, from significant reductions in mass, scale and built floorspace, changes in nature and intensity of use, careful consideration of siting and design and a restoration of landscape character. Policy C20 confirms that there is a presumption against the development of redundant and derelict glasshouses for non-agricultural purposes. In exceptional circumstances, the development of redundant glasshouse sites for non-agricultural purposes may be permitted provided that the development can be successfully integrated with the built-up area of St. Helier or an urban or key rural settlement; will not have an unreasonable visual impact or unreasonably affect the character and amenity of the area; is appropriate in scale, form, massing, density and character to the site and its context and will not lead to unacceptable problems of traffic generation, safety or parking. The policy recognises that there are factors affecting the horticultural industry which can cause redundancy and lead to dereliction and the consequent impact this has on the visual amenity of the countryside. It identifies the need to encourage and assist landowners to remove these eyesores and enhances the countryside, but is unclear how this might be achieved. The cost of removing these structures can be considerable, particularly if the site is contaminated and whilst the policy is not specific on the detail of how this might be achieved it implies that some form of enabling development might be considered. The Minister has absolute discretion in respect of making exceptions to Policy C20, however, because the policy is not specific, certain areas require further interpretation and in this respect, it is important to determine what is meant by the terms ‘derelict’ and ‘redundant’ and whether both should apply; it is necessary to understand what constitutes ‘exceptional circumstances’ and it is important to determine the type and extent of ‘non-agricultural development’ that might be acceptable. The terms ‘derelict’ and ‘redundant’ are used in the policy to describe the condition of the glass house structures. However, the policy only refers to the term redundancy when considering non-agricultural development, which could be quite confusing. The terms ‘derelict’ and ‘redundant’ in their own right, can describe quite different circumstances and it is important to be clear about what is meant. Whilst it is likely to be the case that a derelict glasshouse site will almost certainly be redundant; redundancy on its own may simply mean that the grower is no longer willing to invest in the industry and has decided to withdraw. Accordingly, a redundant and derelict glasshouse site is described as being dilapidated, ruined or abandoned, and of no value to the horticultural industry. The glasshouse structure is likely to be old and there are unlikely to be any planning conditions requiring the removal of the structure should it fall into disuse or disrepair. The glasshouses have been surveyed and have generally concluded that the glasshouses are dilapidated and no longer viable to the horticultural industry. If disuse and disrepair conditions are imposed on the original development permit, then enforcement powers are available to the Minister for the removal of glasshouse structures. There are no conditions attached relating to this complex. In instances where disuse and disrepair conditions do not exist, the Minister may resort to using Article 86 of the Planning and Building Law 2002, to require the removal of the glasshouses where they are adversely affecting the amenities of the Island. No compensation is payable under this article. However, it is a very draconian measure particularly if a more equitable solution can be found using Policy C20. Land Use Implications Removal of glasshouses from the site. Replacement with residential development with car parking areas, access drive and garden areas. Size, Scale & Siting The development comprises 2no. pairs of 2no. dwellings making a total of 4no. units formed in an ‘L’ shape configuration. Each unit comprises 3no. bedrooms and has an integral garage. The development will be located to the north of the existing detached dwelling and attached double garage at ‘La Bonne Aubain’ and to the east of the existing bungalow ‘Shooters Lodge’. Design & Use of Materials The development comprises 2no. pairs of semi-detached houses to be constructed of random granite with brick quoins, sills and lintols. All windows and doors (to include garage doors) to be painted timber and dormer windows to be traditional curved topped and clad in lead chimneys to be brick. The roof materials will be natural slate with traditional cement verges. Impact on Neighbours The two most immediate properties ‘La Bonne Aubain’ and ‘Shooters Lodge’ are in the ownership of the applicant. The other property in close proximity ‘Chalmers’ will be set at right angles to the new development and is already protected from view by mature tree screening. The proposed development will not have any adverse impact on adjoining neighbouring properties. Access, Car parking and Highway Considerations The development will utilise one of the two existing accesses to serve the site off La Rue des Cotils. The existing access to serve ‘La Bonne Aubain’ will remain exclusively for that property use and the new development will utilise the access previously used when the glasshouses were in operation. The comments of the Parish have been noted and the requirements can be conditioned accordingly. Each of the three bed properties has provision for 4no. car parking spaces each (including garages). This is acceptable, as are the proposed turning and access drive arrangements. Foul Sewage Disposal The foul sewerage will go to the existing foul sewer arrangement. Landscaping issues Whilst the submitted scheme has indicated the potential for increased landscape provision, no firm details have been provided and this will need to be conditioned accordingly. Other Material Considerations The applicant has requested that the demolition of the existing bungalow at Mont a L’Abbe is not carried out until the new buildings are occupied, due to an 18 month period when the new development is constructed. However, to ensure that there can be no potential issues involving the retention of the existing bungalow on site at a later date, the Planning Obligation will require that all buildings are removed from the site before any development first commences on site. |