Farmer wins appeal against Planning over track enforcement notice

Tuesday 06 December 2022

A busy farm in St. Lawrence will be able to continue to use a hard-surfaced track running along a field after it successfully appealed a planning enforcement notice.

The instruction from Planning told J&S Growers - whose Le Coin Farm is at the end of Bu de la Rue, which is a private road off Mont Cochon - that the track and access to it from the road had been created without planning permission.

The notice told the farm business to return the field back to how it was before the track was laid and associated landscaping was carried out.

Steven Baudains of J&S Growers appealed the enforcement notice, which was heard by independent inspector Philip Staddon, who recommended that the notice be quashed.

This has now been officially backed by Environment Minister Jonathan Renouf.

Mr Baudains argued that the track was essentially for the operation of the farm, which was a sizeable agricultural business which used increasingly large machinery, including harvesters and tractors.

Pictured: The field in question, L507, is just off Route du Mont Cochon (Credit: Google Maps)

In 2018, the farm had been given planning permission for a storage shed at Le Coin. Mr Baudains said that, at the time of this application, the intention was to access the site through the north of the field, and this was clearly shown on the submitted drawings for this application at the time.  

He added that, with the new agricultural building now in place and the farm vehicles using the track instead of Bu de la Rue, the business has been able to operate far better than it did before, and with the benefit of not disrupting the neighbours or by having large agricultural vehicles travelling to and from the site from another parish.

Planning, however, disputed the claim that the access and drive was included in the scheme approved in 2018, arguing that the trach had had a “significant detrimental effect on the character of the area”.

Mr Staddon sided with Mr Baudains, concluding: “I am satisfied that the access alterations and the access track comprise a development that, subject to some refinement, accords with the relevant Bridging Island Planpolicies.

One of those was ‘SP2’ which states: ‘While the agricultural industry has gone through significant change, it is still very much regarded as the custodian of Jersey’s countryside.

‘It is important, from an environmental, economic, community and cultural perspective, that agriculture and the rural economy, in general, is supported and that development, where a countryside location is justified and appropriate, in scale, character and use, is facilitated.’

Mr Staddon said: “I do consider that the access alterations and the access track meet the strategic SP2 policy test.

"Indeed, it appears to me that the track is essential to enable the efficient functioning of a not inconsiderable farming enterprise, given the nature, size and number of farm vehicles needing to enter and leave the site as a fundamental part of its business operations. 

“These movements and activity cannot be satisfactorily achieved by the use of La Bu de la Rue, due to its narrow width and potential safety conflicts with residential uses. 

“It would also not be feasible to direct these vehicle movements through the open field areas to reach the highway, as this will result in ground compaction and, in wetter months, a potential quagmire and mud deposits on the highway.”

Mr Baudains, who said he did not think he needed further planning permission for the track, has now submitted a retrospective application, which Mr Staddon recommends is approved, subject to certain conditions, including an undertaking to increase biodiversity.

An unauthorised car park on the field must be removed within three months, which Mr Baudains had already agreed to do.