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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 September 2016:

Decision Reference:    MD- PE- 2016 – 0120

Decision Summary Title:

Appeal Decision – La Reserve, La Grande Route de Faldouet. St. Martin JE3 6UG

Date of Decision Summary:

7 September 2016

Decision Summary Author:

Principal Planner (Policy)

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

Report to the Minister for Planning and Environment

Date of Written Report:

5 September 2016

Written Report Author:

D A Hainsworth LL.B(Hons), FRSA. Solicitor

Written Report :

Public or Exempt?

 

Public

Subject:

Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a refusal to grant planning permission at La Reserve, La Grande Route de Faldouet. St. Martin JE3 6UG P/2016/0332

Decision:

The Minister allowed the appeal in part and a variation of the decision has been made. The Minister hereby grants permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; Demolish dwelling and construct dormer bungalow.

 

This permission is granted subject to compliance with the following conditions and approved plans:

  1. The development shall commence within five years of the decision date.

Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. 

 

B.  The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission.

 Reason: To ensure that the development is carried out and completed in accordance with the details approved.

 

1. Waste management shall be implemented in full accordance with the approved Waste Management Strategy. Any variations shall be agreed to in writing by the Department of the Environment prior to the commencement of such work.

 

2. No part of the development hereby approved shall be occupied until the vehicular manoeuvring area and car parking spaces have been laid out, surfaced and drained as indicated on the approved plans. The manoeuvring area shall thereafter be retained solely for the manoeuvring of vehicles. The car parking spaces shall thereafter be retained solely for the use of occupants of the development and shall not be sub-let for any other purpose.

 

3. The garage shall not be used for any purpose other than those incidental to the enjoyment of a dwelling house but not including use as living accommodation.

 

4. Prior to commencement of the development hereby approved, a scheme of landscaping shall be submitted to and approved in writing by the Department of the Environment. The scheme of landscaping shall provide details of the following; i)  all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain on the site; ii)  the position of all new trees and/or shrubs, this must include the species of plant(s)/tree(s) to be planted, their size, number and spacing and the means to be used to support and protect them; iii)  other landscape treatments to be carried out including any excavation works, surfacing treatments, or means of enclosure; iv)  the measures to be taken to protect existing trees and shrubs; v) the presence of any invasive plant species on site, and if present, a detailed method statement for the removal and long-term management/ eradication of the species; and, vi)  A landscape management plan for the maintenance of the landscaped areas. Once agreed, the approved scheme shall be implemented in full and thereafter retained and maintained as such.

 

5. Prior to commencement of the development hereby approved, details of any earthworks which involve changes to existing levels on the site shall be submitted to and approved in writing by the Department of the Environment. These details shall include the proposed grading and mounding of land, including the levels and contours to be formed, showing the relationship of any new site levels to existing site levels and vegetation, and the placement of fill material on the site. The scheme shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Department.

 

6. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2011 (as amended), or any further amendment to or replacement of that order, no works shall be carried out to extend the dwelling or to create a new window or door opening above ground-floor level in the dwelling or to install a dormer window or a sky-light in the dwelling unless a planning application has been previously submitted to and approved by the Department of the Environment.

 

7. Prior to commencement of the development hereby approved, a Demolition/ Construction Environmental Management Plan shall be submitted to and approved by the Department of the Environment. The Demolition/Construction Environmental Management Plan shall be thereafter implemented in full until the completion of the development and any variations agreed in writing by the Department prior to such work commencing. The Plan shall secure an implementation programme of mitigation measures to minimise the adverse effects of the proposal on the environment, and shall include but not be limited to:

 

A. A demonstration of compliance with best practice in controlling, monitoring, recording and reporting on any emissions to the environment (such as noise and vibration, air, land and water pollution);

 

B. Details of a publicised complaints procedure, including office hours and out of hours contact numbers;

 

C. Details of any proposed crushing/ sorting of waste material on site;

 

D. Specified hours of working;

 

 

E. Precise details of the proposed parking of vehicles of site personnel, operatives and visitors (to include any temporary access arrangement off La Grande Route de Faldouet); loading and unloading of plant and materials and the storage of plant and materials used in constructing the development.

 

Reasons:

1. To protect the amenities of the occupiers of neighbouring properties and the visual amenities of the surrounding area, in accordance with Policies GD1 and WM1 of the Adopted Island Plan 2011 (Revised 2014).

 

2. To ensure that the development provides adequate provision for off-street parking and manoeuvring for users of the site, in the interests of highway safety and the general amenities of the area, in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

3. To ensure that the development provides adequate provision for off-street parking and manoeuvring for users of the site, in the interests of highway safety and the general amenities of the area, in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

4. To safeguard the character and appearance of the area in accordance with Policies GD1, NE1, NE2 and NE4 of the Adopted Island Plan 2011 (Revised 2014).

 

5. To ensure that the benefits of the approved landscaping scheme are carried out and completed, making a positive contribution to the amenities of the site in accordance with Policies GD1, GD7, NE1, NE2 and NE4 of the Adopted Island Plan 2011 (Revised 2014).

 

6. To ensure that adequate private amenity space and car parking/circulation areas are retained within the curtilage of the dwellings in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

7. To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD1, GD6 and WM1 of the Adopted Island Plan 2011 (Revised 2014).

 

Informative

The permission hereby granted confers authority for the development of land solely and entirely within the legally defined boundaries of the application property known as La Reserve. Any development that encroaches onto, over or under the boundary of the property is not authorised by this permission and any such works may result in the permission being rendered null and void.

For this reason, it is recommended that the legal boundary to the application property be fully established prior to any works commencing and that if the boundary differs from that indicated on the planning application, the Department be contacted for further advice.

 

Approved Plans:

 

Location Plan

Design Statement

Proposed Site Plan P51

Proposed Ground Floor Plan P1

Proposed First Floor Plan P2

Proposed East and North Elevations P3

Proposed West and South Elevations P4

Proposed Roadside Elevations P6

Proposed Section P5

Waste Management Plan

 

 

Reason for Decision:

The Minister agrees with the recommendation of the Inspector as detailed within his report dated 5 September 2016.

Resource Implications:-

None

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

Deputy S Luce

 

 

 

Position:

Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

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