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1 Newbury Cottages, La Route de St. Aubin, St. Helier - Request for Reconsideration.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (26/09/2007) regarding: The Rookery, 1 Newbury Cottages, La Route de St Aubin, , St. Helier. Replace single aluminium windows with double glazed UPVC windows. REQUEST FOR RECONSIDERATION.

Decision Reference: MD-PE-2007-0253

Application Number: RW/2007/1242

(If applicable)

Decision Summary Title :

The Rookery, 1 Newbury Cottages, La Route de St Aubin, St Helier

Date of Decision Summary:

28/09/07

Decision Summary Author:

Elizabeth Stables

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Richard Glover

Written Report

Title :

The Rookery

Date of Written Report:

19/09/07

Written Report Author:

Elizabeth Stables

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: The Rookery, 1 Newbury Cottages, La Route de St Aubin, , St. Helier, ,

Replace single aluminium windows with double glazed UPVC windows. REQUEST FOR RECONSIDERATION.

Decision(s): The Minister decided to Approve this application

Reason(s) for Decision: Having regard to the existing aluminium window frames in the property, the fact that the ground floor openings on the road side are not original, and the number of upvc window frames in the vicinity it was decided that this Request for Reconsideration should be allowed.

Resource Implications:

Action required:

Notify Agent, Applicant and all other interested parties

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

28th September 2007

1 Newbury Cottages, La Route de St. Aubin, St. Helier - Request for Reconsideration.

Application Number: RW/2007/1242

Request for Reconsideration Report

Site Address

The Rookery, 1 Newbury Cottages, La Route de St Aubin, St. Helier.

 

 

Requested by

Mrs. V STwohig

Agent

Elegant Windows

 

 

Description

Replace single aluminium windows with double glazed UPVC windows. REQUEST FOR RECONSIDERATION.

 

 

Type

Replacement Windows

 

 

Original Decision

REFUSED

 

 

Conditions

 

Reasons

1. The existing aluminium framed windows, which appear to be unauthorized, are considered to be damaging to the appearance of this property which was built prior to 1920. The replacement of these with upvc frames is considered to be unacceptable for the same reason and would be contrary to Policy G13(iii) of the Jersey Island Plan 2002 and specifically Policy HWD5.

 

 

Determined by

Delegated Refused

 

 

Date

18/07/2007

 

 

Zones

Built-Up Area

 

 

Policies

G3

 

Recommendation

The replacement of the existing aluminium framed windows with upvc is considered unacceptable and damaging to the appearance of this historic building, contrary to Policy G3(iii) of the Jersey Island Plan 2002. In the event that any of the existing aluminium frames are found to benefit from an approval, permission be granted to replace these with like-for-like replacements.

 

Comments on Case

The property is in a highly prominent location on La Route de St Aubin.

This is not a Registered property but pre-dates 1920.

The property currently has 2 pane single glazed aluminium windows with narrow frames. Permission is sought to replace these with 2 pane double glazed upvc frames with much wider rails.

The policy is unclear for non-Registered buildings where the existing windows are not original. The applicant claims that the existing windows were approved in 1984 when a shop front was removed. Confirmation of this is being sought.

Policy G3 requires design details, colours, materials and finishes to reflect or complement the style and traditions of local buildings. Although the 2 pane style and vertical sliding sash method of opening of the windows sought is acceptable, the upvc material is not. For this reason the recommendation is for refusal.

The letter requesting reconsideration is attached. The applicant refers to the previous permission in 1984, confirmation of which will be given at the meeting, and makes reference to the many upvc windows in the vicinity. A visit from the Minister is requested. The applicant claims he does not want, and cannot afford timber frames, but would consider like-for-like replacements as an alternative. He makes reference to damp in the property and to the health of his elderly mother.

 

 

Recommendation

That having reconsidered the recommendation permission be refused, but based on Policy G3(iii) rather than G13, since the building is not Registered, or HWD5 which the Historic Buildings Officer has advised is to be updated. The refusal should therefore read as follow:

The replacement of the existing aluminium framed windows with upvc is considered unacceptable and damaging to the appearance of this historic building, contrary to Policy G3(iii) of the Jersey Island Plan 2002. In the event that any of the existing aluminium frames are found to benefit from an approval, permission be granted to replace these with like-for-like replacements.

 

 

 

 

 

 

Background Papers

1:2500 Site Plan

Letter from applicant dated 23/08/07

Photos on file.

 

 

 

 

Endorsed by

 

Date

 

 

 

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