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Clos de Cotil, Noirmont Lane, St. Brelade: Planning Application (P/2017/0763): Appeal 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 February 2018:

Decision Reference:    MD- PE- 2018 – 0018

Decision Summary Title:

Appeal Decision – Clos de Cotil,  Noirmont Lane, St Brelade. (P/2017/0763)

Date of Decision Summary:

12 February 2018

Decision Summary Author:

Principal Planner (Policy)

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Report to Minister-

Clos de Cotil

Date of Written Report:

12 February 2018

Written Report Author:

Sue Bell MSc, BSc, FCIEEM, CEcol, CWEM, MCIWEM.

Planning Inspector

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 Clos de Cotil, Noirmont Lane, St Brelade. (P/2017/0763)

Decision:

The Minister allowed the appeal and hereby grants permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development;

Construct ground floor extension and terrace to west elevation. Construct ground floor extension to north-east elevation. Convert double garage and add a ground floor balcony to north elevation. Replace roof terrace with pitched roof to north elevation. Study on east elevation to return to original use as a garage. Render wall to south elevation. Re-position pedestrian access”.

 

 

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

 

1. No part of the development hereby permitted shall be begun until a scheme of landscaping has been 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 prior to the first occupation of any of the western extensions hereby approved and thereafter retained as such.

Reason: 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).

 

2. Prior to works commencing a scheme showing the means of vehicular access, vehicle manoeuvring area and respective car parking spaces should be submitted to the Department of the Environment for approval. Thereafter, no part of the extensions hereby approved shall be occupied until the means of vehicular access; vehicular manoeuvring area and respective car parking spaces have been laid out, surfaced and drained as indicated on the plan to be approved with the Department of the Environment and thereafter be retained as such.

Reason: 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. No part of the development hereby permitted shall be begun until the finished floor levels of the proposed extension and terrace to the west of the house, relative to fixed datum points, have been submitted to and agreed in writing by the Minister for the Environment. Once agreed the approved scheme shall be implemented in accordance with those levels.

Reason: To ensure that the proposed levels are as shown on the submitted drawings.

 

4. No part of the extensions hereby approved shall be occupied until the existing study has been converted to a garage as shown on the approved drawings. The proposed garage shall thereafter be retained for the parking of vehicles by the occupiers of the application property Clos de Cotil.

Reason: The proposals involve extensions to the house and a reduction in the outside areas practically available for car parking, and the Minister wishes to ensure that the accommodation proposed is commensurate with the level of car parking available, so as to satisfy the requirements of policy GD1 of the adopted Island Plan 2011 (revised 2014).

 

Reason for Decision:

The Minister agreed with the recommendation of the Inspector.

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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