Fields 389 and 418, Le Mont des Charrieres, St. Peter

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (20.08.08) to approve planning permission with conditions for Fields 389 and 418, Le Mont des Charrieres, St. Peter.

Decision Reference: MD-PE-2008 -0147			Application Number: P/2007/1056 (If applicable)
Decision Summary Title :	Field 389 & 418, Le Mont des Charrieres, St. Peter		Date of Decision Summary:		27/06/2008
Decision Summary Author:	Lawrence Davies		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written and Oral		Person Giving Oral Report:		Lawrence Davies
Written Report Title :	Field 389 & 418, Le Mont des Charrieres, St. Peter		Date of Written Report:		01/04/2008
Written Report Author:	Lawrence Davies		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Field 389 & 418, Le Mont des Charrieres, St. Peter Construct horse stable in field 389. Erect post and rail fencing around fields 389 and part of 418. REQUEST FOR RECONSIDERATION of refusal of planning permission.
Decision(s): This application was discussed at a public Meeting on the 20th May 2008 where the Minister deferred making a decision until further information was sought. Upon receipt of the requested information the Minister decided to approve the application subject to the following conditions and reasons; Condition(s): For the avoidance of doubt, the horse stable facility hereby approved shall only be used by the applicants for their own personal use. During the the course of the day to day operation of the stable development hereby approved, there will not be any vehicles movements to and from the site for any purpose other than veterinary emergencies. For the avoidance of doubt, parking is not permitted on the field, whilst animals must be loaded in and out of vehicles offsite and walked to and from the site. The post and rail fence shall enclose the flat area of land to the north of the site only (as shown on drawing P/2007/1056 B, as amended by the Planning Officer). Reason(s): Permission has been granted on the basis that the horse stable facility will be for personal use only. A more intensive use by others and/or on a commercial basis, would increase the level of activity on site to the possible detriment of the character and appearance of the area and the amenities of neighbouring uses in the vicinity. The access to the field runs along a narrow track passing directly in front of neighbouring residences. Furthermore, the point at which the access meets Le Mont des Charrieres is a difficult junction to use safely. This condition is added, therefore, in the interest of both highways safety and the residential amenity of the neighbouring property. On account of its slope, the area of land to the south of this area is considered unsuitable for the grazing of horses.
Reason(s) for Decision: The Minister was satisfied with the proposed siting, per se, of a stable block in the north-west corner of the field, believing this to be a modest structure which was in-keeping with the rural Green Zone location. It was noted that, under agricultural licensing conditions, the field was already approved for the grazing of horses. The Minister was, however, very concerned with the only access to the field which requires vehicles to pass along a narrow track (just a single car’s width) directly in front of a neighbouring residence (whose occupants had expressed concerns at the time of the application). In addition, at the junction of this track with Le Mont des Charrieres, because of the awkward angle, vehicles exiting the site are required to go against the one-way flow of traffic for a short stretch of the road. It was, however, noted that Le Mont des Charrieres is a quiet country lane and the Parish Roads Committee had agreed that, in the circumstances, this was acceptable. This aside, it was also noted that the applicants currently enjoyed a legal right to access the field “at all times and for all purposes” under the provisions of their legal Land Contract. Notwithstanding this, the Minister decided to approve the application for the stable block, but only on condition that the applicants do not access the development by vehicle, other than in the case of veterinary emergencies. By implementing the development, the applicants would effectively be forgoing their rights of access – in effect, a form of planning gain. In addition, the Minister requested that the proposed new post and rail fence should enclose only the flat top area of the field, and should not enclose the sloping part of the field to the south. This was considered to be the interest of horse safety and, in fact, had previously been agreed by the applicant.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed): 16/06/2008

Fields 389 and 418, Le Mont des Charrieres, St. Peter - approval with conditions

Application Number: P/2007/1056

Request for Reconsideration Report

Site Address	Field 389 & 418, Le Mont des Charrieres, St. Peter.

Requested by	Mrs A Hosegood	Agent	Richard Le Sueur Architects

Description	Construct horse stable in field 389. Erect post and rail fencing around fields 389 and part of 418. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	1. The proposed development, on account of its location, would detract from the visually sensitive character and scenic quality of this part of the Green Zone. It is considered, therefore that the application fails to satisfy the requirements of Policy C5 of the Jersey Island Plan, 2002.

Determined by	PAP

Date	28/11/2007

Zones	Green Zone Water Pollution Safeguard Area

Policies	G2 General Development Considerations C5 Green Zone

Recommendation

APPROVE

Comments on Case	The application proposes to locate a horse stable (to include 2 loose boxes and a tack room) adjacent to the northern boundary of Field 389. This field is located just off Le Mont des Charrieres (a short distance to the east of the Les Charrieres Hotel) in a scenic part of rural St Peter. It is proposed to use the field for the purposes of a grazing and exercise paddock. The stable itself is a very modest structure which is intended for the personal use of the applicants. In addition a low post and rail fence is to be erected to the perimeter of the field. The siting of the stable block is considered to be reasonable (with regard to neighbouring uses); however, there are certainly concerns with the access to the site which is over a track passing directly in front of two neighbouring cottages. This is a narrow track (wide enough for a just a single vehicle) and the point where it exits onto the (one-way) road involves a particularly awkward turn. However, there are no plans to alter what is an existing access and the road itself is not heavily used (this is a quiet and scenic location). Moreover, the field could already be put to a more intensive agricultural use as it stands without need to upgrade the access. Therefore this scheme for just two loose boxes (for personal use) represents a low-level intensity of use and the application is considered acceptable. Although the road (Le Mont des Charrieres) is one-way heading down into St Peter’s Valley, the Parish have indicated that they are prepared to accept vehicles going against the one-way when exiting this site – this is a quiet road and the site exit is very close to the top of the hill; furthermore, a left turn is very difficult to achieve. It should be noted that the department received 5 objections to the scheme at the time with concerns relating largely to the awkward traffic / access considerations and the general despoilment of the area on account of the new structure. There were also concerns in respect of potential ground water pollution, the unsuitability of the site for the keeping of horses and the lack of parking. The application was originally recommended for approval by the department and that recommendation is re-iterated. However the PAP undertook a Site Visit and had a number of concerns, including the difficult access considerations and the general unsuitability of this sloping site for use by horses. The proposals were also considered visually unacceptable and it was this which formed the reason for refusal. In his RFR letter, the architect contends that many schemes have been approved recently for Green Zone sites and that this scheme is not out of the ordinary and would not harm the character of the area. There is, in his view, a perfectly suitable flat area for ponies and horses at the top of the cotil, considered by his clients to be suitable for this purpose.

Recommendation	APPROVE

Reasons	Having regard to all the circumstances of the proposal, the application is considered to be acceptable.

Background Papers	1:2500 Site Plan Site photographs & Aerial photograph Applicants’ RFR letter Original consultation responses 5 original letters of objections + 1 received with this RFR Applicants’ letters Applicants’ Advocate’s letter

Endorsed by		Date