Policy Considerations C6 and C17 - Principle of the new dwelling The principle of a new agricultural dwelling within the Countryside Zone is set out within the Island Plan under Policy C6. It states: “applications for the development of new dwellings will not normally be permitted unless it is demonstrated, to the satisfaction of the Committee, that the development is essential to meet agricultural needs and cannot reasonably be met within the built-up area or from the conversion/modification of an existing building”. The preamble to Policy C17 states: “It may sometimes be necessary, however, to develop buildings specifically as dwellings for agricultural workers. These applications will be judged on the basis of need and, before granting consent, the Planning & Environment Department will want to know if there is an alternative solution”. The key issues therefore are need and whether the dwelling is essential. The Rural Economy Strategy Group has stated that “Smallholders will not receive RES support for permanent new agricultural dwellings as these are considered non essential for part time or small scale business”. The RES Group state that the applicant does not meet the financial threshold for support of a dwelling but also that “There are small livestock businesses operating successfully in Jersey without the owners living on site”. Therefore the Environment Department have concluded that the proposed dwelling is not needed on this site or that it is essential to the proper function of the farm holding as required by Policy C6 and C17. The issue of whether the agricultural dwelling can reasonably be met within the built-up area or from the conversion/modification of an existing building is more complex. The applicant has had the opportunity to live near this site. The issue of animal welfare is not one that justifies the construction of a dwelling itself as is demonstrated by the aforementioned Environment Department comment. However, it is recognised that as a new entrant to the agricultural industry, the applicant does not have any existing farm buildings to convert or modify and the Department is not aware of any suitable land owned within the built-up area. In this context, if the need were demonstrated, it could be concluded that a dwelling could not be reasonably be provided within the built-up area or from the conversion/modification of an existing building. Land Use Implications The site remains in agricultural use albeit with the addition of buildings, including a residential unit, to serve the proposed holding. Size, Scale & Siting Given that this in an in-principle application no indication of scale has been given for the proposed development except that a cluster of buildings is proposed. Despite this, it is reasonable to assume that the livestock would be housed in agricultural structures of a similar scale to those found across the Island. Indeed, the adjacent field to the west has a number of chicken sheds and these are not considered to be harmful to the visual character of this part of the countryside. If similar structures are repeated to house the applicant’s chickens and sheep then this would not harm the appearance of the area in accordance with Policy C6. A dwelling, even of a small scale, is different in nature by virtue of it being permanent, its likelihood of being two storeys tall (even if a dormer bungalow) and its isolated position, over 100m from any other dwelling, which is relatively unusual. Most agricultural dwellings are part of historic farm groups or at least sited close to existing buildings as required by Policy C6 and Policy C17. Therefore, its siting is considered to be harmful to the character of the Countryside Zone contrary to policies C6 and C17. Design & Use of Materials These issues are not directly relevant to this in-principle application. However, the use of standard or temporary housing for livestock would not harm the visual character of the countryside. If a dwelling were to be constructed on this site its design, scale and use of materials should try to minimise the building’s visual impact and accord with the Minister for Planning and Environment’s Design Principles. Impact on Neighbours The site in Field 1566 is relatively isolated being over 100m from any other dwelling. Therefore, the proposal will not have an unreasonable impact through overbearing or overlooking to any neighbouring properties. Access, Car parking and Highway Considerations The Highway Authority for La Rue de la Golarde (Parish of St. Lawrence) has no objection and therefore, and despite the concerns of T&TS regarding the “obvious primary access . . . onto La Grande Route de St. Laurent” the access arrangements are acceptable in accordance with Policy G2. Foul Sewage Disposal It is proposed to connect the development to the foul sewer and the applicant has demonstrated that enquiries have been made to T&TS to provide a connection. If approval were considered, it should be on the basis of demonstrating that a connection to the foul sewer can be achieved. Landscaping issues The area is characterised by open fields with traditional boundaries between. At this in-principle stage landscaping details do not need to be submitted, however, if approval for the dwelling were to be considered, any application would need to demonstrate new planting to screen the development and thus reducing its impact of the countryside. Other Material Considerations |