Mudros, La Rue Voisin, St. Brelade: Planning Application Appeal Decision

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A decision made on 20 February 2017:

Decision Reference: MD- PE- 2017 – 0013
Decision Summary Title:	Planning Appeal Decision – Mudros, La Rue Voisin, St. Brelade		Date of Decision Summary:	07 February 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:	R - Report to the Minister – Planning Appeal - Mudros		Date of Written Report:	06 February 2017
Written Report Author:	Graham Self MA, MSc, FRTPI– Planning Inspector.		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 Mudros, La Rue Voisin, St. Brelade JE3 8AT (RP/2016/0998)
Decision: The Minister dismissed the appeal and a variation of the decision has been made. The Minister hereby grants permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development ; “Revised Plans to P/2016/0144 (Demolish single storey building and construct 1 No. two storey, two bedroom dwelling): Alter position of approved dwelling”. This permission is granted subject to compliance with the following conditions and approved plans: 1. The development shall commence within five years of the decision date. Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. 2. The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission. Reason: To ensure that the development is carried out and completed in accordance with the details approved. 3. No part of the development hereby permitted shall be begun until details of the materials to be used for the exterior of the new unit have been submitted to and approved by the Department of the Environment. The development shall not be carried out other than in accordance with the approved details. Reason: To promote good design and to safeguard the character and appearance of the existing building and surrounding area, in accordance with Policies GD1 and GD7 of the approved Island Plan 2011; (Revised 2014). 4. No part of the development hereby permitted shall be begun until details of measures to protect and enhance the natural environment have been submitted to the Department of the Environment and approved in writing. The approved details shall be implemented in full. Reason: To ensure the protection of all protected species in accordance with Policies NE1, NE2, NE3 and NE4 of the approved Island Plan 2011; (Revised 2014). 5. If upon commencement of the works more than three mammals, reptiles or amphibians of any individual species or their roosts or dens or nests are found, works shall cease pending consultation with the Department of the Environment. Work shall not be re-started until the Department has issued written confirmation that the proposed mitigation measures are satisfactory. Reason: To ensure the protection of all protected species in accordance with Policies NE1, NE2, NE3 and NE4 of the approved Island Plan 2011; (Revised 2014). 6. 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 scheme for the maintenance of the landscaped areas. Once agreed, the scheme (including its provisions for continued maintenance for the time period specified in the plan) shall be implemented in full. 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). 7. The existing dwelling on the site shall be demolished and all resultant debris shall be removed from the land within one month of the date when the proposed dwelling becomes occupied. Reason: To ensure that the development is carried out in accordance with the proposal as described in the application. Approved Drawings: Location Plan Existing & Proposed Site Plan Proposed Waste Management Plan Proposed Ground Floor Plan 101_L_01 Proposed First Floor Plan 101_L_02 Proposed South Elevation 101_L_03 Proposed West Elevation 101_L_04 Proposed North Elevation 101_L_05 Proposed East Elevation 101_L_06 Proposed Sections AA & BB 101_L_07 Proposed Inspirational Images Proposed Ecological Assessment Proposed Design Statement
Reason for Decision: The Minister agreed with the recommendation of the Inspector as detailed within his report. Moreover, the Minister considered the granting of planning permission P/2016/0144, dated 28 April 2016, to represent a material and significant consideration in the determination of this appeal. In this respect, the Minister noted that the planning application the subject of this appeal (reference RP/2016/0998) sought, in effect, only the re-siting of a previously approved replacement dwelling and did not seek approval for the principle of a replacement dwelling nor the design of such.
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):