Comments on Case | The proposal is to rebuild (‘re-instate’) a long-abandoned dwelling in a scenic and highly sensitive part of St Brelade, close to the common and headland at Noirmont, and alongside the Portelet Heights apartment building. All that remains of the previous dwelling is a pile of concrete rubble which is strewn across the site. The agent has submitted evidence that the house was originally a 2-storey building with a 12m x 12m footprint and known as ‘Heathfield’; it was requisitioned by the German occupying forces during the war, and was destroyed by gunfire in 1943. The site is located within the Zone of Outstanding Character, wherein Policy C4 states that there will be the strongest presumption against development. This zone is to be given the highest level of protection and this will be given priority over all other planning considerations. The intention is that the new dwelling would be a single-storey building which sits low within the landscape and is thus not overly-intrusive. However, this is an outline application and therefore the actual design of the dwelling is not currently being considered – rather, this application is seeking to establish the principle of development. There is no particular planning history for this site. However, pre-application advice was offered in respect of this proposal ahead of the application being submitted, advice which was generally negative. As noted, there is very strong policy presumption against all forms of new development in this zone which includes the establishment of new dwellings. There is no clear policy with regard to applications which seek the re-establishment of abandoned uses (although the fact that there used to exist a dwelling on the site is clearly a consideration); rather it is a case of dealing with each and any such application on its merits. This being the case, it is therefore a useful exercise to look at other instances where similar applications have been submitted to the department, and to recap the reasons as to why planning permission was either given or refused (there have been a handful of comparable cases in the island within recent years); - PP/2000/2311 - Petit Clos Luce, La Route de la Marette, St Peter. Application for the reconstruction of ruined granite cottage to provide one bedroom dwelling (a relatively prominent site located within both the Green Zone and St Ouen’s Bay Special Area). At the time, the remains of the cottage (which was abandoned following fire-damage around the time of the Second World War) were the lower parts of the walls and most of the gable ends – these appeared to be relatively sound structurally. After initially being rejected, the application was eventually Approved
- 4/10/4720 – Site of derelict dwelling at Route des Laveurs, St Ouen. Application for the construction of a cottage on the site of a derelict dwelling. Very little remains of the original cottage on this highly visible Green Zone location – a series of low walls and part of a chimney stack. The application was Refused and subsequent advice as to the likelihood of a reconsidered decision has been negative.
- P/2004/1289 – Mourier Valley Cottages, Le Chemin des Hougues, St John. Application for the restoration of a series of five derelict co-joined cottages into 2 new units. At the time, the outer walls and gables were largely intact, although only one of the cottages had a roof. Despite their Green Zone location, the cottages’ SSI status (parts of the group dated from early 17th Century) was considered sufficient reason to justify their restoration and use once again as dwellings – application Approved
- P/2004/1505 – Blampied Farm, La Rue Ville es Gazeaux, St Lawrence. Application (following extensive pre-application talks) to renovate and extend a disused farmhouse and outbuildings to create a single large family dwelling. The buildings in question were in a varying state of decay, although the property is a pSSI, and the group as a whole was considered sufficiently historically worthy to merit restoration. Application Approved
- PP/2006/0475 - Egypt Farm, La Rue d’Egypte, Trinity. Application for the reconstruction of two derelict ruins in a highly prominent, densely-vegetated, north coast headland location. The dwellings were severely damaged during the Second World War, and it is unlikely that any of the surviving structures could have incorporated within the reconstruction; therefore these would have been two entirely ‘new’ dwellings (one in the Green Zone, the other in the Zone of Outstanding Character). Application Refused
- PP/2006/2104 – Les Trembles, St Ouen. Application for the construction of a new dwelling in place of one long since abandoned. The new dwelling and garage would have far exceeded the size, height and footprint of the existing small structure on the site and the overall impact of the new development would have been far greater. This was a very prominent, exposed and isolated site adjacent to the Les Landes racecourse, and the application would have caused considerable visual harm. There were also concerns at the provisions (or lack of) for drainage and other infrastructure in the vicinity. Application Refused
- P/2008/0023 – Field 522 (‘La Fontaine’), St Mary. Application for the reconstruction of a ruined dwelling at the head of a rural valley. The dwelling has been severely damaged during the Second World War and had subsequently fallen into disrepair and, thereafter, dereliction. The applicants submitted considerable supporting documentation as part of the application and the design (as far as could be determined) was based upon the original house and was to be rebuilt using the original materials and finishes. The application was initially refused but subsequently allowed on appeal by the Minister. Application Approved
- P/2009/1291 - Hillside Cottage, St Peter. Application for the reconstruction of a roadside cottage in rural Green Zone area – limited evidence was submitted to support the application which was refused on the grounds of countryside development and poor design. Application Refused
Abandonment is not a concept embodied in planning law, but has arisen out of court judgements (in the UK, rather than Jersey); in the case of residential development, it typically relates to isolated rural dwellings. Each and every application of this nature must be considered on a case-by-case basis which each judged on its own particular merits. There are, however, some identifiable criteria which have been consistently applied. In situations where the remains are ‘substantial’ and structurally sound, where the structure is in a relatively secluded location (and its reconstruction would cause limited visual harm) and where the structure is of historic or architectural importance (and thereby worthy of retention), then a sympathetic restoration should be considered. In the case of the example at Field 522 above, the applicant made a compelling case along similar grounds to the current application – that the dwelling was destroyed as a result of the actions of the occupying forces during the war and there was an intent to rebuild after the war using grant money from the States Property Rehabilitation Scheme. In this instance, there is very little remaining of the previous building which could be retained and restored; rather, the remnants of the former dwelling would need to be cleared from the site before any redevelopment could occur meaning that this is an entirely new dwelling, quite unlike the building which would have once stood on the site. The location of the application site is on the far side of the existing Portelet Heights building away from the public road. It has been suggested that the new dwelling would be a low-rise development and therefore and the degree of visual harm would be limited. Equally, the impact upon residents at Portelet Heights would not be significant. At present, the property is not registered – therefore, there is no particular argument to grant consent from the perspective of preserving an historic property. Also, there would clearly be a risk of setting an unwelcome precedent as there are a large number of abandoned ruins in the island, including others in equally sensitive locations. In summary, allowing the reconstruction of a dwelling is very difficult to justify on policy grounds under the provisions of Policy C4 of the Island Plan. The surviving remains of the original dwelling would not be able to be incorporated into the new development (thereby making this an entirely new dwelling within the Zone of Outstanding Character). There are a great many ruined properties within the island and approval in this instance could, in the department’s view, set a difficult precedent. Therefore, it is recommended that the original decision to refuse the application is maintained. Consultation Responses The following comments were received; TTS Drainage – note that the application form incorrectly states that the property will connect to the foul sewer. LC & ADS – objection in view of the sensitive nature of the area. Environment (Ecology) – they recommend that the application be refused owing to the sensitive nature of the site. TTS Highways – they suggest that existing visibility from the car park is sub-standard given that vehicles can park right up to the edge of the carriageway. Significant improvements would be required if a new house were to be created. Representations 2 letters of objection have been received. 1 from the National Trust who point out that the house has been abandoned for over 40 years and there would be no environmental gains to be had from allowing the site to be redeveloped in this manner. The other is from a resident of Portelet Heights objecting on grounds of countryside development, difficult site access, lack of foul drainage and the proximity of the proposed dwelling to Portelet Heights. A further letter making general comments has been received from the property management company representing Portelet Heights as a whole. |
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