Field 141, Rue des Niemes, St. Peter

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A decision made (19.01.07) to maintain refusal of planning permission for Field 141, Rue des Niemes, St. Peter.

Subject:	Field 141, La Rue des Niemes, St Peter Change of use of field to domestic curtilage (approx. 2v of land)
Decision Reference:	MD-PE-2007-0091	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:		P/2006/1937
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: The Minister recognised that, on occasions such as this, where the land is evidently unviable from an agricultural perspective (given the recent changes within that industry) and might otherwise become neglected, there is a solid argument to be made for permitting applications of this nature. Accordingly, it is likely that this issue will be addressed as part of the forthcoming review of the Island Plan policies. Until such time, however, this application remains contrary to policy.
Action required: Case officer to inform applicant of decision
Signature: (Minister)			Date of Decision: 19.01.07

Field 141, Rue des Niemes, St. Peter - maintain refusal

Application Number: P/2006/1937

Request for Reconsideration Report

Site Address	Field 141, La Carrellerie, La Rue des Niemes, St. Peter.

Requested by	Mr M E Le F Pocock	Agent

Description	Change of use of field to domestic curtilage. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	1. The site lies within the Countryside Zone wherein there exists a presumption against all forms of development for whatever purpose. The proposed change of use of this agricultural field to residential curtilage represents an inappropriate form of development which would lead to visual harm. As such the scheme would be detrimental to the character of this part of the Countryside Zone and therefore fails to satisfy the requirements of Policies G2 and C6 of the Jersey Island Plan, 2002.

Determined by	Delegated Refused

Date	24/10/2006

Zones	Countryside Zone Water Pollution Safeguard Area

Policies	G2 – General Development Considerations C6 – Countryside Zone C13 – Safeguarding Farmland

Recommendation

Maintain Refusal

Comments on Case	Field 141 measures approximately 2 vergees and by modern standards is too small to be considered commercially viable. Furthermore, the field is not subject to any agricultural controls requiring it to be leased to a farmer. Evidently the tenant farmer most recently occupying the land chose not to renew the lease because of the small size of the field. Given these factors, at the time of the application LC & ADS did not object to the proposed change of use. Notwithstanding the fact that the field is no longer considered viable, it still has a high degree of scenic quality and a landscape value which is in the public interest to retain. This is a small field but it would make an unusually large and prominent garden (largely surrounded by other farmland) and to permit the change of use of the land to domestic curtilage would erode the character of this part of the Countryside Zone and result in visual harm. Under the current Island Plan, the Department’s policy has always been to resist applications of this nature. In his supporting letter, the applicant suggests that there would be no change in the appearance of the land as a result of this change of use (following a lack of interest from farmers the applicant has sowed grass and planted a number of trees in the field). In this respect, the application merely recognises what is effectively the current situation with regard to the land. If this is the case, however, then this application is seemingly unnecessary; the ‘status quo’ is that this is an unused agricultural field and therefore there is simply no need for it to become residential curtilage.

Recommendation	Maintain Refusal

Reasons	As above

Background Papers	1:2500 Site Plan applicant’s covering letter consultation response from LC & ADS

Endorsed by		Date