Field 145, La Maison du Haut, La Rue Ville es Gazeaux, St. Lawrence: Planning Application (P/2013/0269): Ownership of Land Unknown: Acceptance of Application by Minister

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A decision made 19 August 2013:

Decision Reference: MD-PE-2013-0092			Application Number: P/2013/0269 (If applicable)
Decision Summary Title :	Field 145, La Maison du Haut, La Rue Ville Es Gazeaux, St. Lawrence, Jersey, JE3 1HU		Date of Decision Summary:		15 August 2013
Decision Summary Author:	Principal Planner		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 :	As application no.		Date of Written Report:		15 August 2013
Written Report Author:	Principal Planner		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Field 145, La Maison du Haut, La Rue Ville Es Gazeaux, , St. Lawrence, Jersey, JE3 1HU Realign driveway. Various landscape works.
Decision(s): During the progression of planning application reference P/2013/0269 representations were received from the Parish of St Lawrence which expressed a concern that the person who had signed the application forms as the owner of the land was not actually the owner, and that the real owner was unknown. This situation was then acknowledged as correct by the applicant. Article 9 (3) of the Planning and Building (Jersey) Law 2002 requires that when an applicant is not the owner of the land an application must be accompanied by a certificate from the owner of the land certifying that the owner approves the application being made. Given the acknowledgement of the applicant, this has evidently not occurred. Article 9 (4) of the same Law accepts that owners may not be able to provide the necessary certification and enables the Minister to accept such an application for consideration if the Minister is satisfied that to do so would be in the public interest. In this instance the Minister has confirmed that it is the public interest to accept the application.
Reason(s) for Decision: After receiving a verbal representation from the applicant, the Minister accepts the ownership of the part of the application site being the existing track (a Chemin de Voisinage) is unknown. The Minister also accepts that the ownership is a historic matter, and that the applicant has made reasonable enquiries which have, to date, failed to establish the identity of the owner. The Minister and applicant understand that notwithstanding any permission (which may / may not be forthcoming following the determination of the application) the ownership situation will still have to be clarified before works can be implemented, and that this is a private matter for the applicant to resolve. It is also generally acknowledged that the ownership situation may never be clarified, and the applicant understands that this is a risk to the ultimate delivery of their proposed development, and that the grant of planning permission (if forthcoming) does not over-ride private rights. In this instance the Minister accepts that putting the application process before the resolution of the ownership is a reasonable approach, which will (if approved) give the applicant the opportunity of a productive conclusion, and therefore be able to invest in the conclusion of the ownership query. The Minister also notes that there is a low level of third-party interest in this matter, and considers that the progression of the application is in the public interest as (if approved) it is a step towards resolving the long-standing ownership question.
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):

Field 145, La Maison du Haut, La Rue Ville es Gazeaux, St. Lawrence: Planning Application (P/2013/0269): Ownership of Land Unknown: Acceptance of Application by Minister

Department of the Environment

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South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

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Site Visit

1. Application Number

P/2013/0269

2. Site Address	Field 145,, La Maison du Haut, La Rue Ville Es Gazeaux, St. Lawrence, JE3 1HU.

3. Applicant	Senator A Maclean

4. Description	Realign driveway. Various landscape works.

5. Type	Major Application

6. Date Validated	28/02/2013

7. Zones & Constraints	Green Zone Water Pollution Safeguard Area
Summary	This application seeks to realign the access driveway and so remove any traffic from passing adjacent to the gable of the house. The proposal is relatively incidental, and does not include any change of use of land to domestic curtilage. Although outside the scope of Policy NE7, it is considered to be justified as an exception to that policy, in that it proposes a beneficial package of landscape works which support the over-riding policy objectives of protecting and preserving the special character of the Green Zone.
Department Recommendation	APPROVE

8. Site Description & Existing Use	The site is a small field on the eastern side of Maison du Haut, adjacent to the access track which serves the dwelling.

9. Proposed Development	The application seeks to realign the access track so that it runs around the eastern and northern boundaries of the field, rather than the south and west.

10. Relevant Planning History	Since 2008 there have been three permits to remodel / extend the main house. None are material to this application.

11. Consultations

Land Controls and Agricultural Development Section of DoE in its letter dated 20 March 2013 confirm the land is unconditional and have no comments to make.

All consultations are attached with the background papers

12. Representations

One letter of representation has been received, from the neighbouring landowner. No objection is raised, and the letter makes comments in relation to:

the need to maintain access to Field 143
there has never been a track previously in this location
the site notice should be better displayed
the banks to the field may be damaged by the machinery necessary to implement the development.

The applicant has not responded to these points.

All letters of representation and responses are attached with the background papers

13. Planning Assessment	The property is within the Green Zone where Policy NE7 provides the key framework. This policy provides a high level of protection and a general presumption against all development for whatever purpose. However, the policy also acknowledges that there are many established uses within the Green Zone and so to preclude all forms of development would be unreasonable. A series of exceptions are then specified which may be permitted if their scale, location and design does not detract from or unreasonably harm the character of the area. The type of development envisaged in the application is not one of the forms which are considered within the policy. In order to take forward an exception outside the Policy there must be sufficient justification to do so. The Planning Law contains specific provisions to this affect. In this instance the key issue is the over-riding purpose behind the Green Zone policy, which is to protect and preserve the special character of the landscape. The subject application is not for an extension of domestic curtilage, rather it seeks to realign the track to preserve and enhance domestic amenity. Given that the application proposes a full package of landscape works which will result in improvements, albeit to a very small site, and enhance the context of the site, the proposal is considered to present satisfactory justification for an exception to policy. It is notable that the other permissions to remodel the house include for restorative landscape works to the other land in the ownership of the applicant.
a) Policy Considerations

b) Size, scale Form and Siting	This is not a substantial site, measuring only 27m by 36m. The proposals involve the ‘flipping’ of the access track from one side of the field to the other.

c) Architectural Design and Use of Materials	No built works are proposed.

d) Impact In the Landscape/Street	The site is isolated and a very limited amount of traffic will pass, so meaning the impacts will be limited. In any event, the proposed changes – as a full package – are considered to enhance the landscape.

e) Impact on Neighbours	There has been one letter of representation from a neighbouring landowner. In relation to their concerns, the need to maintain access to Field 143 can be dealt with by a minor change to the drawings, and subject to a condition if permission is forthcoming. The potential for damage to the field banques from construction machinery is a matter for the applicant and neighbour to deal with privately

f) Access, Car Parking & Highways Considerations	The realignment will remove traffic from passing the gable of the house. There is a very limited amount of traffic which uses the lane, and the changes are not considered to be material.

g) Foul Sewage & Surface Water Disposal	n/a

h) Landscaping	As considered earlier the proposal includes a full package of landscape works, which will see the track delivered in a gravel finish, with central grass strip. The banques will be restored and contain a native hedge mix, and the field will be planted as an orchard. The boundary to the west, defining the domestic curtilage of the house will remain as a granite wall.

i) Archaeology	n/a

j) Waste Management	n/a

k) Planning Obligations & Percent for Art	n/a

l) Contaminated Land	n/a

m) Sustainability	n/a

n) Other Matters	n/a

14. Conclusion	This application seeks to realign the access driveway and so remove any traffic from passing adjacent to the gable of the house. The proposal is relatively incidental, and does not include any change of use of land to domestic curtilage. Although outside the scope of Policy NE7, it is considered to be justified as an exception to that policy, in that it proposes a beneficial package of landscape works which support the over-riding policy objectives of protecting and preserving the special character of the Green Zone.

15. Department Recommendation	APPROVE

16. Conditions	Prior to the commencement of development revised plans shall be submitted to and approved in writing by the Minister for Planning and Environment to show sufficient access to Field 143, and that access shall be delivered in full prior to first use of the realigned driveway hereby permitted and maintained in perpetuity thereafter. To ensure satisfactory access is maintained to Field 143 and that a high quality landscape proposal is delivered, in accordance with Policies GD1, SP7 and GD7 of the Jersey Island Plan 2011. The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Minister for Planning and Environment, a scheme of hard and soft landscaping, to include the treatment of the wall to the west of Field 145 which defines the domestic curtilage of Maison du Haut. The landscape scheme shall provide details of the following; i) 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; ii) other landscape treatments to be carried out or features to be created, for example, hard surfacing treatments, or means of enclosure; iii) the arrangements to be made for the maintenance of the landscaped areas. To ensure that before development proceeds provision is made for a landscaping regime that will enhance the appearance of the development and to ensure a high quality of design in accordance with Policies SP7 and GD7 of the Jersey Island Plan 2011. 3. All planting and other operations comprised in the landscape scheme hereby approved shall be completed in the first planting season following first use of the access route hereby permitted. To ensure the benefits of the landscape scheme are not delayed, in the interests of the amenities of the area and to ensure a high quality of design in accordance with Policies SP7 and GD7 of the Jersey Island Plan 2011. 4. Any trees or plant(s) planted in accordance with the approved 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 with others of similar size and species, unless the Minister for Planning and Environment gives written consent to a variation of the scheme. To mitigate against the potential failure of trees and plants, and the extent to which that failure might threaten the success of the landscaping scheme and to ensure a high quality of design in accordance with Policies SP7 and GD7 of the Jersey Island Plan 2011. INFORMATIVES For the avoidance of doubt, this application does not consent to the change of use of any of the application site. The domestic curtilage of Maison Du Haut is correctly defined on drawing 1114/04/A and does not include Field 145. It is the responsibility of the applicant to inform all site workers of the possibility of protected species on site and the implications under the Conservation of Wildlife (Jersey) Law 2000. If any protected species are found, the applicant shall stop work and notify the Department of the Environment immediately. Failure may lead to the disturbance or killing of protected species which could lead to prosecution under the Conservation of Wildlife (Jersey) Law, 2000.

17. Reason for Approval	The proposed development is considered to be acceptable having due regard to all of the material considerations raised. In particular, although outside the scope of Policy NE7 is considered to be justified as an exception, in that it proposes a beneficial package of landscape works which support the over-riding policy objectives of protecting and preserving the special character of the Green Zone. The impacts on neighbouring landowners have been assessed any identified issues are either private matters for conclusion outside the planning process, or have been addressed by conditions on the decision notice.

18. Background Papers	1:2500 Location Plan All consultation response and letters of representation

Endorsed by:	Date: 12 April 2013