Government of Jersey

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A decision made (20.09.06) to maintain refusal of planning permission for land to the north of Field 795A, Rue de Bel Air, St. Mary.

Subject:	Land to the north of, Field 795A, La Rue de Bel Air, St Mary Proposed construction of new single storey dwelling and garage. RFR of refusal of planning permission.
Decision Reference:	MD-PE-2006-0149	Exempt clause(s):		n/a
Type of Report (oral or written):	written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		PP/2006/0728
Written Report Title:	Request for re-consideration of Refusal of Planning Permission.	Written report – Author:		Lawrence Davies
Decision(s Maintain refusal of planning permission.
Reason(s) for decision: As previously given; The proposed development, owing to its location and impact, would be harmful to the character of this part of the Countryside Zone; therefore, it fails to satisfy the requirements of Policy C6 of the Jersey Island Plan, 2002 which presumes against all forms of new development for whatever purpose. The proposed development would result in the permanent loss of agricultural land. Therefore this is contrary to the requirements of Policy C13 of the Jersey Island Plan, 2002.
Action required: Agent to be notified of decision
Signature: (Minister)			Date of Decision: 20.09.06

Field 795A, Rue de Bel Air, St. Mary - maintain refusal of planning permission

Application Number: PP/2006/0728

Request for Reconsideration Report

Site Address	Land To The North Of, Field 795A, La Rue de Bel Air, St. Mary.

Requested by	Mr & Mrs. D R Maltwood	Agent	Architectural Technology Services C.I.

Description	Proposed construction of new single storey dwelling and garage. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning Principle

Original Decision	REFUSED

Conditions
Reasons	1. The proposed development, owing to its location and impact, would be harmful to the character of this part of the Countryside Zone; therefore, it fails to satisfy the requirements of Policy C6 of the Jersey Island Plan, 2002 which presumes against all forms of new development for whatever purpose. 2. The proposed development would result in the permanent loss of agricultural land. Therefore, this fails to satisfy the requirements of Policy C13 of the Jersey Island Plan, 2002.

Determined by	Delegated Refused

Date	07/06/2006

Zones	Countryside Zone Water Pollution Safeguard

Policies	C6 – Countryside Zone C13 – Safeguarding Farmland

Recommendation

Maintain Refusal

Comments on Case	The application is for a new large detached dwelling in the Countryside Zone. Policy C6 presumes against all forms of new development for whatever purpose. A high level of visual harm would derive from the introduction of the dwelling itself as well as the proposed new access points breaking through the roadside bank. The proposed design of the house is rather bland and uninspiring – although, it is conceded that this is a Planning in Principle application and such matters could be reserved. The land is not farmed commercially and would not represent a significant loss – however, it does have some intrinsic agricultural value. The agent suggests that the impact of this development in the countryside would be insignificant and considerably less than other new developments in a similar setting and context eg that adjacent to the St Mary’s Inn site. However, that development was the site of a new Category A housing development surrounded by Built-Up Area (and therefore not at all similar). In any event, as stated, this would be an entirely new development in an open field – Policy C6 is there to guard against development of this nature. It is also suggested that because the land is of limited agricultural use it might already be considered as domestic curtilage. This is not the case and, even if it were, does not over-ride the requirements of C6. The agent also contends that because the applicant (an ex-deputy) has been active within the parish life of St Mary, it is fitting that they ought to be given the opportunity to develop the land as a retirement home. This is not a material planning matter – the only new homes which will be considered in such areas are those deemed essential to the needs of the agriculture industry.

Recommendation	Maintain Refusal

Reasons	As above

Background Papers	1:2500 Site Plan agent’s RFR letter

Endorsed by		Date