This content has been automatically generated from the original PDF and some formatting may have been lost. Let us know if you find any major problems.
Text in this format is not official and should not be relied upon to extract citations or propose amendments. Please see the PDF for the official version of the document.
STATES OF JERSEY
r
LA RÉCOLTE DES FRUITS, ST. MARTIN: REMOVAL OF AGRICULTURAL OCCUPANCY RESTRICTION
Lodged au Greffe on 6th September 2005 by Senator R.J. Shenton
STATES GREFFE
PROPOSITION
THE STATES are asked to decide whether they are of opinion
to re q uest the Environment and Public Services Committee to reconsider its decision in relation to units of
accommodation at La Récolte des Fruits, La Rue de la Fosse à Grès, St. Martin and to approve the removal of the agricultural occupancy condition on units.
SENATOR R.J. SHENTON
REPORT
This proposition is unique in that it requests the States to rectify a wrong perpetuated on an individual by a States department. The consequences of that error on the part of the Agriculture and Planning Department of the day has caused hardship and harm to a Jersey family. The States need to go back to 1990 when the Jersey Evening Post reported on a Court case with regard to living accommodation for staff employed in the agriculture industry. The Attorney General of the day quite rightly criticised the housing conditions of staff employed on farms but singled out one small grower. That small grower was charged when as the report (Appendix 1) and judgement (Appendix 2) show he was not as guilty as others in the industry. The small grower concerned is sadly no longer with us and so took this unfair slur on his character to his grave. To compound the injustice on his family, the States were guilty of an even worse decision when their handling of an agricultural loan put the grower's son out of business. Mr. and Mrs. Gary Barette of La Récolte des Fruits, St. Martin, took over the family business of strawberry-growing and made a reasonable living for their young family. The question of staff accommodation had been resolved by the construction of 4 well-designed units, which were ahead of their time, and it is a fact that they were better then than a lot of staff quarters on some farms today.
In 2000 the States gave a grant of £16,900, together with an interest-free loan of £75,000 to another grower to start up in competition in the strawberry market. The extra competition in the strawberry business forced Mr. Barette out of the business. Mr. Barette is now employed as a Prison Officer and his wife is a Staff Nurse a the General Hospital. They supplement their income by renting out these self-contained units at a reasonable rent.
The present Environment and Public Services Committee was requested to release the accommodation from its agricultural conditions because the farm was no longer a working farm. This request was refused; see letter dated 21st July 2004 (Appendix 3). Mr. Barette replied, and his letter dated 22nd August 2004 is attached (se Appendix 4). It was then that Mr. Barette approached me to see if I could help him and I asked to see the property and any correspondence that referred to the application.
Because of illness I was delayed in my approach to Planning but I eventually met with the President during the Christmas recess. I pointed out that, in my opinion, the Barettes had been treated badly by the States and the very least that we can do would be to lift the agriculture condition in force on the units and make them available to local tenants. Housing had already approved A-H tenancies (see Appendix 5) and it seemed to be very unfair to expect Mr. Barette to accommodate seasonal workers employed by the select band of large growers favoured by the States.
Having studied the Agricultural Loan Register for the past few years it became apparent to me that some of the larger growers had done very well with public money support, and it was reasonable to expect them to provide their own accommodation. The President, Senator Ozouf , appeared to concede to my request but nothing happened until Mr. Barette received aletter dated 3rd March 2005 (see Appendix 6). Members will read that not only were the Environment and Public Services Committee refusing the request for reconsideration, they were also wanting to approve the advertisement to go into the Jersey Evening Post, including any rental charges. Mr. Barette had previously advertised the units without any interest being shown by the agricultural industry. Local people who had rented these units were just as important as seasonal workers and that the local people were being denied the opportunity of a small self-contained unit with parking in the countryside. If the Agricultural Condition was to be removed it is the intention of Mr. and Mrs. Barette to upgrade the units by adding another bedroom in the roof space, which would make them ideal for a family with a child or a retired Jersey couple.
The attitude of the Environment and Public Services Committee comes into question because it appears to me that the corporate company comes before the individual. In the debate I will bring forward examples where permission has been granted for staff accommodation to be released from the constraints of agricultural occupancy so why not in this case or is the grower too small to be considered. Mr. Barette's letter dated 23rd March 2005, which is his advertisement to be placed in the JEP, and the Committee's reply dated 31st March 2005 are included as Appendices 7 and 8. The reference to the rental to be charged is open to challenge and it would be interesting to have the opinion from the Attorney General as to whether the Committee is entitled to impose rent control on properties.
There are no financial or manpower implications for the States arising from this proposition.
APPENDICES
Appendix 1 J E P report dated 14th December 1990
Appendix 2 R o yal Court judgment 14th December 1990
Appendix 3 L e tter from Planning and Environment Department dated 21st July 2004 Appendix 4 L e tter from Mr. Barette dated 22nd August 2004
Appendix 5 L e tter from Housing Department dated 26th October 2004
Appendix 6 L e tter from Planning and Environment Department dated 3rd March 2005 Appendix 7 L e tter from Mr. Barette dated 23rd March 2005
Appendix 8 L e tter from Planning and Environment Department dated 31st March 2005
Attorney-General says agriculture
must put its house in order' over living accommodation for staff
Reproduced by kind permission of the Jersey Evening Post.
St a te s o f J e rs e y
P l a n ning a nd B uild ing Se r v ic e s So ut h H ill St H e li e r J e r se y J E 2 4 U S
Mr G Barette T e le p ho ne 0 1 5 3 4 7 2 5 5 1 1 La Recolt des Fruits F a c s im ile 0 1 5 3 4 7 6 8 9 5 2
La Rue de la Fosse a Gres w w w . pla nn ing .g o v.je
St. Martin
A p p lic a ti o n N u m b e r D /1 9 9 6 /0 7 9 8
B u ild in g C o n tr o l N u m b er B /1 9 9 6 /1 8 2 1
Pr o p e r ty N u m b e r 7 3 4 8 /H /0 / 1 2 1 J u ly 2 0 0 4
Dear Mr Barette,
Application Address: Field 322A, La Rue de la Fosse a Gres, St. Martin.
Description of Work: Construct single storey self-contained staff accommodation
comprising four units: Request to release the agricultural occupancy condition.
The Planning Sub-Committee has given consideration to your request to release the agricultural occupancy condition on the above staff accommodation but has decided not to agree to the request.
In reaching this decision the Committee was mindful of the fact that the accommodation was built specifically for agricultural staff accommodation. The Committee is aware of applications for new staff accommodation in the countryside, some currently with the Department, and is therefore not prepared to allow purpose built accommodation to go out of agricultural use when there is still clearly a need for such accommodation.
The Committee will allow a period of three months for your tenants to leave the accommodation that they are occupying in breach of the conditions relating to the original approval for the accommodation.
Yours sincerely
Elizabeth J Clapshaw (Miss) Planner
Mr G C Barette Application Number D/1996/0798
La Recolte des Fruits Building Control No B/1996/1821
La Rue de la Fosse a Gres Property Number.7348/H/01 St. Martin
22/08/04
Dear Miss Clapshaw,
Thank you for your letter dated 21/07/04, and for taking the time to consider my request. I'm sorry not to have written sooner, but have been anxious that I may have inadvertently let my units incorrectly, and have spent the weeks reading and re-reading all the relevant correspondence from the Housing Committee. Despite this I still cannot see my error.
When the units in question were built, I was farming, and had permission to let them to Agricultural workers OF THE PREMISES, or to those with a-h housing qualifications. As I was not interested in the latter, I didn't really take note. Unhappily I had to give up farming, and as I wished to continue to let my units, and was in the process of transferring my property into joint ownership with my wife, I took the opportunity to clarify the conditions for letting with the Housing Committee. (Relevant document enclosed.) Since that time I have let my units to Jersey Residents a-h category, and have obtained individual approval for each tenant (letters available). It seems to me that this is my only letting option, as I now have no resident Agricultural workers, and do not have permission to let to those from other farms, even if it were possible to attract such workers off site.
I have had a lot of sleepless nights at the thought of having to remove my current tenants, and as I am at a loss to see where I might have gone wrong, I would be very grateful if you would recheck this for me. If you think it more appropriate I could ask the Housing Committee to liaise with you?
Thank you again for your attention, Yours sincerely
Mr G C Barette.
Mr G C Barette O u r R e f : E 4 5 6 9 9 /A T /SA La Recolte Des Fruits
Rue De La Fosse A Gres 2 6 O c to b e r 2 0 0 4 St Martin
JE3 6AU
Dear Mr Barette
RE: Flat 1, La Recolte des Fruits, Rue De La Fosse A Gres, St Martin DATE OF TRANSACTION : 12 October 2004
Receipt is acknowledged and noted in our records of the transaction entered into under Paragraph 5 of the Housing (General Provisions) (Jersey) Regulations, 1970, as amended.
The Committee agree that it will be in order for Mr Lee Karim Scotland to occupy the above accommodation. Yours sincerely
Ann Thompson Housing Control Officer
01534 884405
a.thompson@gov.je website: www.housing.gov.je
PO Box 587 Jubilee Wharf 24 The Esplanade St Helier JERSEY JE4 8XT tel 01534 884422 fax 01534 884488
St a te s o f J e rs e y
P la n ning a nd B uild ing Se rv ic e s
So ut h H ill St . H e lie r J e r se y J E 2 4 U S
Mr G Barette T e le p ho ne 0 1 5 3 4 7 2 5 5 1 1
La Recolt des Fruits F a c s im ile 0 1 5 3 4 7 6 8 9 5 2
La Rue de la Fosse a Gres w w w . pla nn ing .g o v.je
St. Martin
JE3 6AU
A p p lic a ti o n N u m b e r D /1 9 9 6 /0 7 9 8
B u ild in g C o n tr o l N u m b er B /1 9 9 6 /1 8 2 1
Pr o p e r ty N u m b e r 7 3 4 8 /H /0 / 1
3 r d M a r ch 2 0 0 5 Dear Mr Barette,
Application Address: Fraises des Bois, La Rue de la Fosse a Gres, St. Martin .
The Environment & Public Services Committee has given further consideration to your request to release the agricultural occupancy condition on the above.
Notwithstanding the circumstances surrounding your departure from the agricultural industry the Committee considered that there was insufficient justification at the present time to release the condition.
The Committee has therefore reiterated the advice contained in the letter dated 10 November 2004, that you re-advertise the accommodation for a period of 3 months and the nature and wording of that advertisement is to be agreed with ourselves, including the rental rate for agricultural accommodation. This is in line with the Committee's policy for situations such as this.
The Committee will also require an updated report from the Land Controls & Agricultural Development Section of the Environment Department. Certainly there was concern from them when they were consulted last year regarding the permanent loss of agricultural staff accommodation.
Your tenants may remain in situ until the matter is resolved.
Please forward the wording of the advertisement to me prior to inserting the advert in the JEP. I can be contacted on 601408 if you have any queries.
Yours sincerely,
E J Clapshaw (Miss) Planner
Direct Dial – 601408 E-mail: E.Clapshaw@gov.je
23rd March 2005 L a R e c o l te d es F r u it s
R u e d e l a F o ss e a G r e s S t . M a rt i n J E 3 6 A U
Dear Miss Clapshaw,
I a m grateful for your interest in my case but I feel that the enclosed advert is an honest appraisal of the accommodation on offer and I have no wish to mislead anyone.
P ro p o sed Advert for J.E.P.
To Let. Studio flats, comprising fully fitted kitchen with washing machine, fridge freezer, microwave, free standing electric cooker. Separate shower room with w/c and wash Basin. Suitable for young couple or retired persons seeking a quiet place in the country. Car parking for tenant and visitors. Built in 1997 the units have central heating and double glazing. Overlooking Agricultural fields to the east and situated in the parish of St Martin. Rental £600 per calendar month which includes central heating and hot water supply & rates. The flats are suitable for A-H local residents and agricultural occupancy, not seasonal. For further information contact JEP Box No.
I tr u s t that this will be acceptable to the committee and await your reply. Y o u r s sincerely
G . C . B a r e tt e
St a te s o f J e rs e y
P la n ning a nd B uild ing Se rv ic e s
So ut h H ill St . H e lie r J e r se y J E 2 4 U S
Mr G C Barette T e le p ho ne 0 1 5 3 4 7 2 5 5 1 1 La Recolte des Fruits F a c s im ile 0 1 5 3 4 7 6 8 9 5 2
La Rue de la Fosse a Gres w w w . pla nn ing .g o v.je
St. Martin
JE3 6AU
31st March 2005 7348
Dear Mr. Barette,
Fraises des Bois, St. Martin
Thank you for your letter of 23rd March and I would comment as follows.
Firstly, the reference to agricultural staff accommodation must be made right at the beginning of the advertisement to make it quite clear the status of the accommodation for rental. Secondly, the term "suitable for A-H local residents" must be removed from the advertisement as you currently do not have consent under Planning for such occupation.
Thirdly, whilst you refer to a figure of £600 per calendar month for the studio flat, that is the open market value. Our investigation suggests that for agricultural staff accommodation a figure of approximately £50 per person is the going rate. Therefore your figure needs to be adjusted in the advertisement.
Please reword the advertisement as amended above and submit it again for an agreement before placing the advertisement in the J.E.P.
Yours sincerely,
E J Clapshaw (Miss) Planner
Direct Dial – 601408 E-mail: E.Clapshaw@gov.je