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Le Clos, La Maudelaine Estate, St. Brelade: Planning Application (P/2015/1937): 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.

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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

  • 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

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Decision Reference:    MD- PE- 2016 – 0124

Decision Summary Title:

Appeal Decision – Le Clos, La Maudelaine Estate, St. Brelade. JE3 8GT

P/2015/1937

Date of Decision Summary:

19 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 Minister – Le Clos

Date of Written Report:

13 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 Le Clos, La Maudelaine Estate, St. Brelade. P/2015/1937

Decision:

The Minister dismissed the appeal and a variation of the original decision has been made. The Minister 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 dwelling and construct 4 no. three bed dwellings with associated parking and landscaping”, for the following reason;

 

  1. By virtue of their scale and proximity to the site boundary, proposed dwelling nos. 1 and 4 would unreasonably harm the amenities of the neighbouring residential properties to the immediate north and south of the site, namely nos. 1 & 2 Melmea and Nos. 58 & 59 Le Clos Orange, respectively. Therefore, the application fails to comply with the requirements of Policy GD 1 of the 2011 Island Plan (revised 2014).

 

 

 

Reason for Decision:

The Minister agreed with the recommendation of the Inspector as detailed within his report dated 13 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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