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Esplanade Quarter: Determination of applications

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 30 July 2010 regarding the determination of Esplanade Quarter applications

Decision Ref:

MD-PE-2010-0081

Subject:

Determination of Esplanade Quarter applications (PP/2008/1680 and P/2008/1681)

Decision Summary Title:

DS – Esplanade Quarter determination

DS Author:

Principal Planner

DS Date:

28 July 2010

DS Status:

Public

Written Report Title:

WR - The Esplanade Quarter.

WR Author:

Principal Planner- Waterfront

WR Date

27 July 2010

WR Status:

Public

Oral Rapporteur:

Principal Planner- Waterfront

Decision(s):

The Minister for Planning and Environment resolved to:

1.     grant outline conditional approval for the development of Esplanade Square for a mixed use development to also include underground parking associated roadworks and landscaping (PP/2008/1680);

2.     sign the Planning Obligation Agreement (POA) for the development of Esplanade Square (PP/2008/1680);

3.     defer determination of the detailed planning application for the excavation and enabling works to form basement car park, new underground road tunnel and other associated road works and general infrastructural works at the Esplanade Quarter (P/2008/1681)

Reason(s) for Decision:

1.     Having had regard to all material considerations, including the recommendation of the Planning Inspector who conducted the Planning Inquiry into the scheme, the Minister for Planning and Environment considers that the outline planning application (PP/2008/1680) accords with the Esplanade Quarter Masterplan approved as Supplementary Planning Guidance in 2009;

2.     The Minister considers that the award of outline conditional approval in relation to (PP/2008/1680) and the entering into of the associated Planning Obligation Agreement for this scheme will provide a complete regime of control over the development, particularly when the other signatories to the POA have already confirmed they accept and agree with the terms of the POA and the powers and safeguards imposed by it;

3.     The Minister remains to be convinced that all the necessary safeguards are in place in order that the infrastructure works proposed as part of the application P/2008/1681 will be completed in their entirety and that, if they were begun but left uncompleted, the implications for the Island would be substantial and detrimental. Consequently, the Minister is deferring determination of the detailed application (P/2008/1681).

Legal and Resource Implications:

1.     The Minister for Planning and Environment is enabled to determine planning applications and to enter into Planning Obligation Agreements under the relevant provisions of the Planning and Building (Jersey) Law 2002;

2.     There are no additional resource implications arising for the Minister in relation to this determination.

Action required:

1.     Circulate POA to all signatories for signature;

2.     Sign and issue the permit for PP/2008/1680 upon attainment of the signature of all signatories to the POA;

3.     Continue to seek the requisite information in relation to the infrastructure works proposed as part of the application P/2008/1681 to enable subsequent determination.

Signature:

 

Date of SMT approval:

 

Position:

Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

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