Island Plan 2022-25: Approval (P.36/2021) – ninety-second amendment. Policy H8 - Housing outside the built-up area

STATES OF JERSEY

ISLAND PLAN 2022-25: APPROVAL (P.36/2021) – NINETY-SECOND AMENDMENT

POLICY H8: HOUSING OUTSIDE

THE BUILT-UP AREA

Lodged au Greffe on 11th February 2022 by the Minister for the Environment

STATES GREFFE

2021  P.36 Amd. (92)

ISLAND PLAN 2022-25: (P.36/2021) – NINETY-SECOND AMENDMENT ____________

PAGE 2 –

After the words "the draft Island Plan 2022-25" insert the words "except that –

1. In Policy H8 – Housing outside the built-up area, section 2, together with sub- sections a. and b., should be substituted with the following -

"2.  in the case of an extension or where it involves the sub-division of part

of an existing dwelling that would lead to the creation of separate households:

1. the  accommodation  is  required  to  provide  independent accommodation for someone who requires a high degree of care and/or support for their personal wellbeing and health; or
2. the accommodation is capable of allowing the creation of additional households, where they meet minimum internal and external space standards  and  specifications  for  homes,  within  the  existing  or extended dwelling; and
3. it does not facilitate a significant increase in potential occupancy; and
4. where the accommodation is capable of re-integration into the main dwelling."

2. after Policy H8 there should be inserted a new proposal, as follows - "Proposal – Housing outside the built-up area

The  Minister  for  the  Environment  will  develop  supplementary  planning guidance to assist with the interpretation and application of Policy H8 - Housing outside the built-up area."

THE MINISTER FOR THE ENVIRONMENT

Note:  After this amendment, the proposition would read as follows –

THE STATES are asked to decide whether they are of opinion

to approve, in accordance with Article 3(1) of the Planning and Building (Jersey) Law 2002, as amended by the Covid-19 (Island Plan) (Jersey) Regulations 2021, the draft Island Plan 2022-25, except that –

1. In Policy H8 – Housing outside the built-up area, section 2, together with sub- sections a. and b., should be substituted with the following -

"2.  in the case of an extension or where it involves the sub-division of part

of an existing dwelling that would lead to the creation of separate households:

1. the accommodation is required to provide independent accommodation for someone who requires a high degree of care and/or support for theirpersonal wellbeing and health; or
   2. the accommodation is capable of allowing the creation of additionalhouseholds, where they meet minimum internal and external spacestandards  and  specifications  for  homes,  within  the  existing  or extended dwelling; and
   3. it does not facilitate a significant increase in potential occupancy; and

2. after Policy H8 there should be inserted a new proposal, as follows -"Proposal – Housing outside the built-up area

The  Minister  for  the  Environment  will  develop  supplementary  planning guidance to assist with the interpretation and application of Policy H8 - Housing outside the built-up area."

REPORT

The  draft  plan  already  recognises  that  there  are  circumstances  where  it  may  be appropriate  to  support  the  provision  of  new  homes  outside  the  built-up  area,  by exception, and Policy H8 - Housing outside the built-up area sets these out in some detail. This includes explicit provision, supported by other policy, to enable:

• the conversion of traditional farm buildings (at Policy ERE3);

• the re-use of listed buildings (at Policy HE1); and

• the creation of a separate household, through extension or sub-division, to provide accommodation for a dependent in need of care (Policy H8).

The Minister for the Environment is, however, willing to give consideration to the introduction of further flexibility to this policy to enable the provision of additional households within existing, or extended dwellings in the countryside, where this can help to ensure that optimal use is made of existing housing stock.

In this respect, therefore, the Minister is minded to amend the policy to allow the creation  of  additional  households  within  existing  or  extended  dwellings  in  the countryside where:

• the provision of residential accommodation, to create additional households, satisfies minimum internal and external space standards;

• properties have sufficient services, space and infrastructure to accommodate additional household(s);

• where this does not lead to significant increases in overall potential occupancy (relative to the number of habitable bedrooms), to ensure that this does not lead to an unsustainable distribution of people living in the countryside; and

• where this can be achieved without creeping urbanisation and adverse impacts on the character of the countryside.

This approach would make best use of already developed land and buildings and would have the potential to offer further support to, for example, multi-generational living, without creating undue strain upon the services and facilities in the countryside.

The Minister's approach, which is set out in detail in his statement response (Statement response 40 of his  post-consultation report pp.138-144) has been endorsed by the planning inspectors, who have examined this issue as part of their independent review (see pages 17-18, and 48-49, and recommendation 26).

They  consider,  however,  that  the  Minister's  test  about  a  significant  increase  in occupancy' to be potentially confusing, and do not support its inclusion in a revised policy.  The  Minister  is  not  minded  to  accept  this  part  of  the  inspectors' recommendations. He is concerned to ensure that any relaxation of policy which allows the creation of more homes throughout the countryside needs to be closely regulated, and that change here needs to be managed and proportionate. The Minister considers it helpful to retain this test in order to achieve these objectives.

In light of the inspectors' comments, however, the Minister is minded to prepare and issue additional supplementary planning guidance to help ensure that this policy can be interpreted and applied in practice.

The  inspectors  do  not  support  the  proposed  amendment  of  Senator   Moore (P.36/2021(Amd. 26)), whose amendment – to Policy SP2 Spatial strategy; PL5 – Coast, countryside and marine environment; as well as Policy H8 – Housing outside the built- up area - seeks to enable the creation of new households in the countryside through the conversion, extension and/or sub-division of existing buildings (as opposed to just

dwellings). The inspectors are concerned that this will undermine the plan's spatial strategy, and the sustainability of the plan.

The Minister shares this view and seeks to present a plan that delivers the most sustainable pattern of development in the island, by focusing most development activity in  the  built-up  area,  whilst  making  more  efficient  use  of  existing  homes  in  the countryside, but only where it is appropriate to do so. The Minister's amendment gives effect to this.

As a result of part (x)-(y) Policy H8 – Housing outside the built-up area, will read as follows:

Financial and manpower implications

The amendment, if approved, is not expected to result in any additional burden upon the Government's financial or manpower resources.

Child Rights Impact Assessment implications

This amendment has been assessed in relation to the Bridging Island Plan CRIA. It may enable and support the provision of multi-generational homes which may be of benefit to some children.