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Alma, Milden House and Alma Cottage, La Route de St. Aubin, St. Helier: Planning Application (P/2016/0479): 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 April 2017:

Decision Reference:    MD- PE- 2017 – 0036

Decision Summary Title:

Appeal Decision – Alma, Milden House and Alma Cottage, La Route de St Aubin, St Helier

(P/2016/0479)

Date of Decision Summary:

04 April 2017

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 the Minister- Alma

Date of Written Report:

Un-dated

Written Report Author:

N McGurk BSc(Hons), MCD, MBA, MRTPI

Written Report :

Public or Exempt?

 

Public

Subject:

Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to grant planning permission at  Alma, Milden House and Alma Cottage, La Route de St Aubin, St Helier. JE2 3SG.  (P/2016/0479)

Decision:

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

“Demolish various outbuildings to South-West of site and construct 2 No. four bed dwellings with associated parking and landscaping.Alterations to Milden House to include construct raised terrace to South-West elevation and various window alterations to North-East and South-West elevations. Replace roof and demolish part of South-West boundary wall.  Alterations to Alma and Alma Cottage to include demolish extensions and construct raised terraces with carports below and first floor balconies to South-West elevation. Change of use of ground floor of both units from class A retail to form 2 No. three bed dwellings. Replace roof and various window alterations to North-East and South-West elevations”.

 

Reason for refusal:

1. The height, close proximity to the dwellings to the North and the subsequent prominence of the proposed three-storey dwellings would represent an over-bearing and overly-dominant form of development when viewed from the private amenity areas of neighbouring dwellings to the North. Accordingly, it is considered that the proposed development would unreasonably harm the living conditions for nearby residents, contrary to the provisions of Policy GD 1 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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