Request for re-consideration of refusal of Planning Permission for 28 James Street, St. Helier.

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (30/06/2008) regarding: Request for re-consideration of refusal of Planning Permission for 28 James Street, St. Helier.

Decision Reference: MD-PE-2008-0157		Application Number: P/2007/2825 (If applicable)
Decision Summary Title :	Request for Re-consideration of refusal of Planning Permission for 28 James Street, St Helier	Date of Decision Summary:		14.07.2008
Decision Summary Author:	K Johnson	Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written	Person Giving Oral Report:		K Johnson
Written Report Title :	28 James Street, St Helier	Date of Written Report:		14.07.2008
Written Report Author:	K Johnson	Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: 28 James Street, St Helier Change of use of ground floor to car park (temporary period of 5 years).
Decision(s): At a public meeting on the 20th May 2008 the Minister deferred making a decision on the application as he wished to visit the site and requested advice from Transport and Technical Services (Highways) on the matter of transport policy, private car parks and Policy TT28 of the Island Plan. The site visit took place on the 28th May 2008. Transport and Technical Services (Highways) provided their response on the matter of Policy TT28 of the Island Plan on 25th June 2008. On Monday 30th June 2008, the Minister considered all representations made to him, the Case Officer’s written report and resolved to maintain refusal of the application.
Reason(s) for Decision: The Minister maintained the decision for the following reasons: - 1. The proposed change of use involves the creation of a private car park primarily for commuters to the town centre, contrary to Policy TT28 of the Island Plan 2002. 2. The proposed change of use would remove the current retail use, which makes a positive contribution to the vitality and viability of the town of St Helier, contrary to Policy BE2(vi) of the Island Plan 2002. 3. The proposed parking layout does not achieve the minimum parking dimensions as defined by Planning Policy Note No 3 ‘Parking Guidelines’ and does not provide adequate space within the site for manoeuvring or parking, contrary to Policy G2(vii) of the Island Plan 2002.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties.
Signature:			Position: Minister for Planning and Environment
Date Signed:			Date of Decision 30th June 2008