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Le Grand Bourg, St. Clement, workshop - maintain refusal of planning permission

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A decision made (31.05.06) to maintain refusal of planing permission of existing Workshop/Store in Le Grand Bourg, St. Clement.

Subject:

Convert existing Workshop/Store, Le Grand Bourg, Grouville

Convert existing workshop / store into 1 bedroom cottage.

Decision Reference:

MD-PE-2006-0169

Exempt clause(s):

n/a

Type of Report (oral or written):

WRITTEN & ORAL

Person Giving Report (if oral):

M.JONES

Telephone or

e-mail Meeting?

n/a

Report

File ref:

P/2005/2274

Written Report

Title:

Convert existing workshop / store into 1 bedroom cottage. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Written report – Author:

M. JONES

Decision(s - Maintain refusal & remove reasons 1 and 2 from the original refusal notice which contained Policy references to registered properties

Reason(s) for decision:

Minister noted agent’s comments regarding the incorrect registration for this application (was taken off the Register as a BLI in October 2003). Notwithstanding this error the Minister taking into account the comments made in the agent’s letter of representation dated 19.4.06 found no new grounds upon which to justify altering the decision and maintained refusal of planning permission.

Minister was minded to amend the reasons for refusal due to the de-registration of the property some three years ago and conceded to remove reasons 1 and 2 from the original refusal notice which contained Policy references to registered properties. Officer amended original Decision Notice removing original refusal reasons 1 and 2.

Action required:

Advise agent of Minister’s decision.

Signature:

(Minister)

Date of Decision:

31st May 2006

 

 

 

 

 

Le Grand Bourg, St. Clement, workshop - maintain refusal of planning permission

Application Number: P/2005/2274

Request for Reconsideration Report

Site Address

Old Workshop / Store, Le Grand Bourg, Grouville.

 

 

Requested by

Mr. D. Cadoret

Agent

PAR Architectural Services Limited

 

 

Description

Convert existing workshop / store into 1 bedroom cottage. REQUEST FOR RECONSIDERATION of refusal of planning permission.

 

 

Type

Planning

 

 

Original Decision

REFUSED

 

 

Conditions

None

Reasons

1. The proposed development by virtue of the new vehicular access and new window openings would adversely affect the historic interest, character and setting of this Registered Building of Local Interest contrary to Policy G13 (ii) of the Jersey Island Plan, 2002.

2. The application fails to demonstrate that the building is capable of conversion without detrimental impact on the fabric and appearance of this Registered building contrary to Policy G13 (ii) and Policy C18 (vi) of the Jersey Island Plan, 2002.

3. The proposed development by virtue of the loss of trees on site and the proposed creation of an in ground garage and external amenity space will have an unreasonable impact on the landscape, character and scenic quality of the countryside contrary to Policy G2 (iv) and C6 of the Jersey Island Plan, 2002.

4. The application fails to demonstrate the means by which the waste generated by the proposed excavation is re-used, re-cycled or disposed of either within or off site and is therefore contrary to Policy WM2 of the Jersey Island Plan, 2002.

 

 

Determined by

Delegated Refused

 

 

Date

24/02/2006

 

 

Zones

Countryside Zone

Water Pollution Safeguard Area

 

 

Policies

C18 (vi), G2 (iv), C6 & WM2

 

Recommendation

Maintain Refusal

 

Comments on Case

Historic Building Registration -

It would appear that the Old Workshop/Store constructed into the bank of field 755 (opposite Le Bourg House), was removed from the Historic Buildings Register by the Planning Sub-Committee on 22nd October 2003. In light of this information Policy G13 alone cannot be used as an acceptable reason to refuse this application. However, some of the advice offered by the Historic Buildings Officer can be taken into the equation for the final decision.

History of Site

4/4/11663 - 1980 - Refusal Notice issued to demolish building and construct three bedroom house with single integral garage.

PP/1997/0704 - Refusal Notice issued to demolish existing shed and construct new 3 bedroom dormer dwelling.

P/2002/3179 - Refusal Notice issued to convert existing barn to 2 bedroom dwelling.

Consultation Comments

19th January 2006 - Parish - No Objections.

31st January 2006 - Transport and Technical Services Department (Drainage) - No comments.

7th February 2006 - Land Controls and Agricultural Development Section (LCADS) - No objections to the use of strip of field 755 Grouville for amenity space as the area concerned is stony and the boundary of the field not straight. However, LCADS require that a method statement be produced outlining the waste management of the excavated materials for the ground works on site before they can make a recommendation.

10th February 2006 - Historic Buildings Officer - Notwithstanding the comments made in relation, at the time, to the believed registration of the building, there are still outstanding concerns as to whether or not the building is capable of conversion without part or total demolition. It should be noted that demolition of this building would be considered incompatible with the standards of Policy G16 of the Jersey Island Plan, 2002.

Representations

Four letters of objection raise concerns as to the detrimental impact the conversion would have on the rural hamlet of Le Bourg House and surrounding dwellings, some of which appear on the Historic Buildings Register; damage to the countryside; over development of the site; loss of privacy through direct overlooking, and vehicular safety.

Comments

19th April 2006 - A Request for Reconsideration letter was received from the agent highlighting the error by the Department in stating that the building is currently registered. Accompanying letter from the Department dated 22nd October 2003 clearly states that the building was removed from the Historic Buildings Register. This, according to the agent, makes reasons 1 and 2 of Refusal Notice P/2005/2274, which are based on the standards of Policy G13 of the Jersey Island Plan, 2002, invalid. The agent goes on to make a case against reasons 3 and 4 of the Refusal Notice.

Conclusion

The Department acknowledges that an error has occurred regarding the registration of the property which was removed from the Historic Buildings Register on 22nd October 2003. Therefore, the application, in light of the building not being Registered, must now be considered in accordance with the relevant policies of the Jersey Island Plan, 2002. Based on this information it is considered reasonable to recommend that Reason 1 can be removed from Decision Notice P/2005/2274.

Site visits reveal that the roadside elevation (north/west) is bowing considerably at the base and is also suffering from water damage to the granite work. Overall the proposals for the site coupled with the quite poor condition of the fabric of the structure raise concerns as to the sustainability of the development proposals for this site. Based on the physical state of the building, the principles contained within Reason 2 which question the buildings ability to withstand such a conversion without detrimental damage to its fabric cannot be ignored entirely. Therefore, it is considered that elements of Reason 2 are still considered appropriate to base a refusal upon.

The lack of a waste management plan or structural engineers report contribute to the concerns regarding the overall impact the proposals will have on the building and the surrounding countryside.

Archive records for this site reflect several attempts over a 25 year period to develop this site and it is fair to say that the latest proposals for the site are perhaps the most modest of the schemes seen to date.

To summarise, this modest building is not considered, due to its location, size and physical constraints entirely suitable, for residential occupation and should probably remain as a low grade use. The proposals are, therefore, considered contrary to Policy C18 (vi), G2 (iv) and C6 of the Jersey Island Plan, 2002. Based on the information given in this report it is recommended that the Minister for Planning and Environment maintains refusal of this application subject to amendments as recommended.

 

 

Recommendation

Maintain Refusal. Due to incorrect Historic Buildings Registration Reason 1 & reference to Policy G13 (ii) from Reason 2 are to be removed entirely from the Refusal Notice. Reasons 3 & 4 remain unaltered.

 

 

Reasons

As above.

 

 

Background Papers

1:2500 Site Plan

Parish of Grouville Consultation – 19th January 2006

Transport and Technical Services Department – 31st January 200610

LCADS – 5th December 2005 & 7th February 2006

Historic Buildings Consultation – 10th February 2006-05-10

Letters of Representation – James Baudins- 2 no./Graham Rowland/Mr & Mrs Chanu -2 no./Mrs Sangan

Letters from Agent - 28 December 2005, 29th Jan. & 11th Feb. 2006

Request for Reconsideration Letter Agent - 19th April 2006

Endorsed by

 

Date

 

 

 

 

 

 

 

 

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