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Fields 516, 517 & 518, La Rue de Patier, St Saviour - Planning Application P/2010/1901: Deferment of Decision

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 September 2011 regarding:

Decision Reference:   MD-PE-2011 -0091

Application Number:  P/2010/1901

(If applicable)

Decision Summary Title :

Fields 516, 517 & 518, La Rue de Patier, St. Saviour

Date of Decision Summary:

28 September 2011

Decision Summary Author:

 

Assistant Senior Planner –

K Whitehead

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Fields 516, 517 & 518, La Rue de Patier, St. Saviour

Date of Written Report:

23 September 2011

Written Report Author:

Assistant Senior Planner –

K Whitehead

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Fields 516, 517 & 518, La Rue de Patier, St. Saviour

 

Construct retirement village comprising 44 No. private apartments, 58 No. social rented apartments, 86 No. private cottages, 30 No. social rented bungalows, 21 No. room care home and community centre. Model Available. EIA Submitted. AMENDED PLANS: Construct retirement village comprising 100 No. private cottages, 32 No. social rented bungalows, 48 No. social rented apartments, 42 bed care home and community centre. Model revised and available. Revised EIA submitted. AMENDED PLANS: Alterations to layout. AMENDED PLANS: Alterations to boundary treatments and additional landscaping details.

 

Decision(s):

The Minister considered the subject application at his public Ministerial Meeting on 12th September 2011 and received written and oral representations from Elected Members, the public, applicants and agents. Having due regard to the relevant policies of the Adopted Island Plan 2011, together with other relevant policies and all other material considerations, including the consultations and representations received, the Minister decided to defer his decision pending a site visit, further negotiations with the applicants on the Planning Obligation Agreement and further consideration of the access to La Chasse Brunet. 

 

The Minister duly visited the site on 28th September 2011. Following the site visit, the Minister was concerned over the loss of five large Oak trees on the northern and eastern boundaries and requested revised plans to be submitted retaining those five trees and the relocation of a bin store. These plans have been revised in accordance with the Minister’s requirements.

 

The Transport and Technical Services Minister and the applicant have agreed for the matters listed in the attached written report to be included in the Planning Obligation Agreement with regards to the highways infrastructure contributions. In relation to the access to La Chasse Brunet, the Minister has considered the representations made regarding the volume of traffic at peak times and subsequent impact on the surrounding residents. In order to mitigate this impact, it has been recommended as a condition to install rising bollards at this access to restrict vehicles from using the access during peak times.

 

 

In light of the above, the Minister decided to approve the development, subject to the applicants entering into a suitable legal agreement pursuant to Article 25 of the Planning and Building (Jersey) Law 2002 (as amended) to cover those matters listed in the attached written report.

 

The Minister further decided that the Director - Development Control be authorised to GRANT planning permission under powers delegated to him subject to the conditions and reasons set out in the attached written report and also subject to the prior completion of the planning obligation agreement referred to above.

 

Alternatively, in the event that a suitable planning obligation is not agreed within three months of this decision, the Director - Development Control be authorised to REFUSE the grant of planning permission.

 

Reason(s) for Decision:

 

The proposed development is considered to be acceptable having due regard to the relevant policies of the Adopted Island Plan 2011, together with other relevant policies and all other material considerations, including the consultations and representations received. In this case, the proposed retirement village development is regarded as acceptable because it accords with Policy H2 and Projet P.75/2008 and subsequent Development Brief to provide good quality accommodation, care facility and support for the Island's ageing population.

 

In addition, the representations raised to the scheme have been assessed.  Consideration has been given to the character of the area and the potential harm to the amenities of the neighbouring residents and on balance these issues were found not to be unreasonable, and the Minister has by conditions imposed upon this permission and a Planning Obligation Agreement sought to control and mitigate any potentially unreasonable impacts.

 

Resource Implications:   None

 

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

Deputy R C Duhamel

PLeg / AS

Initials

Position:

Minister for Planning and Environment

 

Date Signed:

30 September 2011

Date of Decision (If different from Date Signed):

 

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