Field 604, La Rue du Panigot, St Peter.

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A decision made (14-5-2008) regarding: Field 604, La Rue du Panigot, St Peter.

Decision Reference: MD-PE-2008 -0129			Application Number: P/2007/2014 (If applicable)
Decision Summary Title :	Field 604, La Rue Du Panigot, , St. Peter, ,		Date of Decision Summary:		10/06/08
Decision Summary Author:	Alistair Coates		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 :	Request for Reconsideration of Refusal of Planning Permission.		Date of Written Report:		19/03/08
Written Report Author:	Alistair Coates		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Field 604, La Rue Du Panigot, St. Peter Erect fence and gates around perimeter of field / yard. REQUEST FOR RECONSIDERATION of refusal of planning permission.
Decision(s): At a public meeting on 19 March 2008, the Minister resolved not to make a decision until after a site meeting with the objectors had taken place. A site meeting took place on 23 April 2008 and a meeting with the objectors on 2 May 2008. Hearing all sides of the argument and after further consideration, the Minister overturned the original decision and APPROVED the application, subject to conditions.
Reason(s) for Decision: The Minister determined that the fence would not cause demonstrable harm to the character or appearance of the rural location and that it would not be in the Island interest for the Department to embark upon lengthy / costly legal action should an appeal against a refusal be lodged. However, the Minister considered it prudent to attach the following conditions to the Permit: 1. Notwithstanding the submitted details, and unless otherwise agreed in writing by the Minister, the site shall be bounded by a green mesh chain-link fence not to exceed 2.3metres in height from the original ground level. Details of the new gates into the site shall be submnitted to and approved in writing by the Minister for Planning and Environment. 2. 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 landscaping paying particular attention to the four boundaries of the site. These boundaries shall be planted with a mix of fast growing hedging plants of a minimum height of 1metre. Any of the new plants dying or showing disease within 5 years of planting shall be replaced to the satisfaction of the Minister. The following details shall also be submitted for approval: i) all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain on the site and on adjoining land within the same ownership; ii) 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; iii) the arrangements to be made for the maintenance of the landscaped areas.
Resource Implications: None
Action required: Decision Notice issued and all interested parties informed.
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision 14th May 2008

Field 604, La Rue du Panigot, St Peter.

Planning and Environment Department

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Application Number: P/2007/2014

Request for Reconsideration Report

Site Address	Field 604, La Rue Du Panigot, St. Peter.

Requested by	Reddish Associates Ltd	Agent	Reddish Associates Ltd

Description	Erect fence and gates around perimeter of field / yard. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	The proposed fence would, by virtue of its height, design and prominent siting, be detrimental to the character and scenic quality of the countryside, contrary to policies G2, G3 and C6 of the Jersey Island Plan, 2002.

Determined by	Delegated Refusal

Date	18/01/2008

Zones	Countryside Zone Water Pollution Safeguard Area

Policies	C6 – Countryside Zone G3 – Quality of design G2 – General development considerations

Recommendation

Maintain refusal

Comments on Case	Site formerly used as a mushroom farm (agricultural use) and the Department has no record of any subsequent permissions relating to the change of use of the land. The site is currently occupied by the remains of the old mushroom shed and associated hardstandings and several cars are being stored there. Whether this car storage is part of a commercial operation is not clear at this stage. The erection of a 2.3m high security fence around the site is considered to be wholly inappropriate to the rural character and scenic quality of this area where a more traditional post and rail fence or hedged bank would be expected. In their request for reconsideration, the agents state that ‘the land has an historical and existing use for general commercial storage’ and that the fence is required for public safety measures owing to the dangerous state of the former shed. It is the Department’s contention that in the absence of satisfactory evidence to the contrary, the site does not benefit from any authorised use for commercial purposes other than those deemed ancillary and incidental to agriculture. Moreover, if there is genuine concern over public safety, then the situation could be easily addressed by the removal of the building and hardstandings and the restoration of the land to grazing or arable land. Previous objectors have re-affirmed their concerns and the agents have not submitted any compelling arguments that would sway the Department’s stance on this issue.

Recommendation	Maintain refusal

Reasons	The proposed fence would, by virtue of its height, design and prominent siting, be detrimental to the character and scenic quality of the countryside, contrary to policies G2, G3 and C6 of the Jersey Island Plan, 2002.

Background Papers	1:2500 Site Plan Aerial photo Letter from agent Representations from public.

Endorsed by		Date