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Retreat Farm, St. Lawrence: Planning Applications (P/2017/1023 & P/2017/0805): Public Inquiry

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 August 2017:

Decision Reference:   MD-PE-2017-0088

 

Decision Summary Title :

P/2017/1023 and P/2017/0805

Date of Decision Summary:

15th August 2017

Decision Summary Author:

 

Director

Development Control

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Principal Planner

Development Control

Written Report

Title :

 N/A

Date of Written Report:

N/A

Written Report Author:

N/A

Written Report :

Public or Exempt?

 

N/A

Subject:

 

Application P/2017/1023

Demolish glasshouse and ancillary structures in Field 770. Construct 13 No. two bed and 14 No. three bed self-catering accommodation units and ancillary structures with associated hard and soft landscaping. Change of use of resulting agricultural field to car park, including hardstanding and associated works. Widen La Rue de la Frontiere and alter vehicular access. Construct bus shelter and form footpath to South-West of site. Construct terraced seating area to North of existing café.

 

AND

 

Application P/2017/0805

Demolish glasshouses to Field No. L78. Alter vehicular access onto La Rue de la Frontiere. Construct 1 No. four bedroom single storey house, detached three car garage and swimming pool to car park South of Field No. L78 with associated landscaping and parking.

Decision(s):

 

The Minister decided

  1. Against determining the above mentioned planning applications until a Public Inquiry into the applications has been held; and
  2. That the matters should be brought to the attention of the public of Jersey in due course, by way of a formal announcement, that a Public Inquiry is to be held.

 

Reason(s) for Decision:

 

In accordance with Article 12(1)(b) of the Planning and Building (Jersey) Law 2002, as amended, the Minister is satisfied that, in the case of application P/2017/1023, if the proposed development were to be carried out, the development would be a departure (other than insubstantial one) from the Island Plan.

 

The Minister also considers that application P/2017/0805 is a closely related proposal by the same applicant on adjoining land, raising many of the same planning issues. It is the view of the Minister that both planning applications should be assessed together, so that a comprehensive planning and environmental solution for both parts of the site may be considered.

 

Finally, the Minister is aware of a third planning application (reference P/2017/0519) to construct 1 no. three bedroom unit of staff accommodation to the west of the site.  Although related to the other two proposals, it is not considered that this application need fall within the scope of the Public Inquiry.

 

The Minister envisages the Inquiry will be an inclusive forum, to ensure an open discussion, with all parties able to present their opinions and have evidence tested, before the Inspector makes a recommendation to the Minister.

 

Resource Implications:

 

The estimated cost of holding the Public Inquiry will be met from within the existing Department budget (an estimated amount having been set aside for the purpose) and the Inquiry will be staffed by existing Department staff.

 

Action required:

 

A)     The Chief Officer shall secure the services of an independent Planning Inspector to conduct the Public Inquiry;

B)     Upon securing an Inspector, the Minister shall make a formal announcement as per the provisions of the Planning and Building (Jersey) (Public Inquiries) Order 2008 (media release and letters to interested parties required);

C)    The Department shall arrange an Inquiry website, e-mail/postal address and administrative support for the Inspector.

 

Signature:

 

Position:

Minister for the Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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