Thursday 29 January 2015
Environment Department response to media enquiry from Guernsey Press.
I have done a story about the house on Candie Road, which the planning appeal tribunal recently rejected an appeal on, because it was no longer a dwelling.
I think the process raised some interesting points about when a house stops being a house and I was keen to get some comments from the planners about this issue.
Can you possibly find out what criteria the department uses to determine when a house stops being a dwelling and what sort of timescales are involved?
Also, how does it judge properties like holiday homes or workers accommodation, which can be left empty for long periods?
How often does this issue arise and how often are houses stopped being classed as houses?
Also, is this sort of review of a property's status done when a planning application is submitted, or can a property's classification change if a property has just been left?
Guernsey Press Enquiry:
In the tribunal the applicant raised concerns that he was never contacted to be told the house was no longer a house - can you give some details of the logistical challenges of informing land owners of changes like this?
If someone could get back to me by 4pm tomorrow, that would be a great help.
Environment Department Response:
In the recent appeal case, the house that formerly occupied the site and had been destroyed by fire was found to have been abandoned, and to no longer be a dwelling.
In the UK there are four established tests (Court of Appeal Hughes v SSETR & Another, 2000) for 'abandonment'. The Land Planning and Development (Guernsey) Law, 2005 refers to the concept of "abandonment" stating that "the resumption on any land of a use which has been abandoned" is a change of use requiring planning permission. Therefore, it is considered that the Guernsey courts may find the English concepts persuasive: -
1) The physical condition of the building
2) The length of time the building has not been used
3) Whether the building has been used for any other purpose and
4) The owners' intentions
The application of these tests in any particular case is a matter of fact and degree, and it is therefore impossible to generalise on an outcome. Such cases are extremely rare in Guernsey and 'abandonment' would not include, for example, the normal period of vacancy expected for holiday homes or seasonal workers accommodation, or indeed other buildings which might be locked and left secure for an extended period.
Such cases, where they do exceptionally arise, may be the result of an approach to the Department, for example for planning permission to undertake some form of development, when discussions concerning the lawful status of the site would be expected to take place.
Contact Information:
Jim Rowles, Director of Planning
Environment Department
Tel: 717200
