Planning Application P/2022/0882 update (FOI)

Request

Please advise:

Planning Application P/2022/0882 of 11 August 2022 - deadline date 10 November 2022

Field MN561B and MN683 La Rue de la Clochette, St Martin.

The above application which included a new field entrance with new splay lines and the work was done illegally and before the application was determined by the Planning Committee, which was then refused. The Parish of St Martin opposed this new field entrance.

A

As the illegal field entrance remains with no Planning consent, thus rendering it illegal, please advise if the owner and or applicant has received any retrospective permission? 

B

If not, what is the current position in regard to regularising the illegal works of creating a new field entrance into La Rue de la Clochette?

Response

A

The applicant has not received a grant of retrospective planning permission in relation to the referenced field entrance.

B

There is currently a live compliance case in relation to the requested sites, therefore, information relating to the investigation is currently exempt from release under Article 42 (Law Enforcement) of the Freedom of Information (Jersey) Law 2011, as the disclosure of information at this time could prejudice such inquiry. 

Article 42 is a qualified exemption; therefore, a public interest test has been applied, this is shown at the end of this response.

Article applied

Article 42 - Law enforcement

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(a) the prevention, detection or investigation of crime, whether in Jersey or elsewhere;

(b) the apprehension or prosecution of offenders, whether in respect of offences committed in Jersey or elsewhere;

(c) the administration of justice, whether in Jersey or elsewhere;

Public Interest Test

Whilst disclosure of the information would support transparency, promote accountability to the general public and provide confirmation that necessary actions are taking place, the investigations in this matter remain ongoing.

As such it is considered that disclosure of these records would likely prejudice the outcome and the result of the case and that this potential prejudice outweighs the public interest in favour of disclosure at this time.