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31-41 Broad Street & 19-29 Commercial Street, St. Helier: Planning Application: (P/2022/0388): Referral of Planning Appeal back to independent Planning Inspector

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 August 2023:

Decision Reference:  MD-ENV-2023-554

Public

Subject: Referral of planning appeal back to independent planning Inspector P/2022/0388 (31 – 41 Broad Street and, 19 – 29 Commercial Street, St. Helier)

 

Report Title: Referral of planning appeal back to independent planning Inspector P/2022/0388  (31 – 41 Broad Street and, 19 – 29 Commercial Street, St. Helier)

Public

Decision(s):

The Assistant Minister decided to: 1. Refer the appeal back to the independent planning inspector for an objective assessment to be made in respect of the requirement for the provision of affordable homes within the proposed development, in accordance with Policy H6 of the Bridging Island Plan – Making homes more affordable, and the adopted supplementary planning guidance – Making homes more affordable (July 2023)  2. Request the Inspector to prepare a supplementary report and recommendation, in response to (1) above, as soon as practicable.  3. Defer the determination of the appeal until such time that the Inspector’s supplementary report and recommendation are produced, submitted to, and considered by the Assistant Minister.

Reason for Decision(s):

The Assistant Minister was cognisant that, by virtue of Article 19(1) of the Planning and Building (Jersey) Law, 2002, all material considerations, including Island Plan policies and supplementary planning guidance (SPG) must be taken into account in the determination of an application for planning permission.   The Assistant Minister noted that SPG – Making homes more affordable, was approved and adopted by the Minister for the Environment on 30 July 2023. This was after the independent planning inspector’s report was prepared and submitted, but prior to the appeal being determined. The Assistant Minister also noted that the adoption of the SPG brought into effect Policy H6 of the Bridging Island Plan as a material consideration, which it had not been during the planning application and subsequent appeal process. The Assistant Minister considered that there is a legal obligation for the planning application to be further assessed against the requirements of Policy H6.

Resource Implications: Legal: By virtue of Article 116(2)(b) of the Planning and Building (Jersey) Law 2002, the Minister may refer an appeal back to the Inspector for further consideration of such issues as the Minister shall specify.  Financial: There are no significant financial implications expected as a result of the Minister’s decision, save for the funding of the Inspector’s supplementary report.

 

Action Required: Officers to request the Judicial Greffe to inform the Inspector of the Assistant Minister’s referral back for a supplementary report and recommendation.

Signature:

 

 

Signed By: Assistant Minister for the Environment

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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