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Field 621, La Route de Noirmont, St. Brelade - Approval of construction of dwelling following Royal Court Appeal

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.

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A decision made 14 June 2010 regarding: Field 621, La Route de Noirmont, St. Brelade - Approval of construction of dwelling following Royal Court Appeal.

Decision Reference:   MD-PE-2010- 0062

Application Number:  PP/2009/1198

(If applicable)

Decision Summary Title :

Field 621, , La Route de Noirmont, , St. Brelade, ,

Date of Decision Summary:

26 May 2010

Decision Summary Author:

Andy Townsend

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Roy Webster and Peter Thorne

Written Report

Title :

N/A

Date of Written Report:

N/A

Written Report Author:

N/A

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

N/A

Subject:  Field 621, , La Route de Noirmont, , St. Brelade, ,  

Construct dwelling.

Decision(s):

The Minister decided (23 February 2010) to concede the Royal Court Appeal against the refusal of this application having received legal advice that the refusal was not realistically defendable and may also result in a significant bill for costs.

Reason(s) for Decision: 

As set out in the Reason For Approval below. 

REASON FOR APPROVAL: Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received and the planning history of this site.

In the Jersey Island Plan 2002 this site was designated as Built Up Area, wherein there is no presumption against development. Although an initial application for 2 houses was refused in April 2004, the then Committee accepted the principle of 1 dwelling.  The site was then purchased on the basis of that decision.  Although the site was subsequently re-zoned as Green Zone, wherein there is a presumption against  development, the owner retained a reasonable expectation that permission would be granted for 1 dwelling, and that the application will be considered under the conditions prevailing at the time the application was received.  Subsequent applications have  been refused by the Planning Applications Panel on grounds of the nature of development proposed but not the principle of development, reflecting the then Committee's original decision. 

This application is in Outline only and seeks to confirm the principle of 1 dwelling.  Given the Planning History of this site it is considered unreasonable not to confirm that the principle of development has already been accepted by the Committee and Planning Applications Panel both before and after the site's designation as Green Zone and after the Planning and Building (Jersey) Law 2002 coming into force.

It is therefore considered that the grant of permission as a suitable exception to Island Plan Policy C5 is justified in this instance having regard to all the circumstances of the case.

Approval is subject to the following conditions.

Standard Conditions 

A.     If the development hereby permitted has not commenced within five years of the decision date, or before the expiration of two years from the date of approval of the last of the Reserved Matters, this permission shall cease to be valid.

 

Reason: The Minister for Planning and Environment reserves the right to reconsider this proposal consequent on any future change of circumstances or policy.  

B.     The application for the approval of Reserved Matters, as detailed in condition C, shall be made no later than three years from the date of this decision.

 

Reason: To accord with Article 19(4) of the Planning and Building (Jersey) Law 2002.   
 

C.     

Approval of the details of the scale, siting, design and materials to be used for the building, means of access thereto, site levels and landscaping including boundary treatment of the site – herein called the Reserved Matters - shall be obtained by application to the Minister for Planning and Environment prior to any development commencing, and the development shall be carried out as approved. 

Reason: To accord with Article 19(4) of the Planning and Building (Jersey) Law 2002.   

Conditions

1.     Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2008, or any order revoking and re-enacting that Order with or without modification, no buildings, fences, walls or means of enclosure shall be placed or erected on site without the prior consent of the Minister for Planning and Environment.

2.     The Reserved Matters submission shall include a schedule of foul and surface water drainage details.

Reasons

1.     Given the specific nature of this site the Minister wishes to retain control over any further development of buildings or means of enclosure.

2.     To ensure that these are satisfactorily accommodated.

Resource Implications: 

In conceding the Appeal the Minister will be liable for reasonable costs incurred so far.  However, if the Appeal was pursued, legal advice is that the Appellant would be successful and that costs would be awarded against the Minster which would be significantly greater than those incurred so far.

Action required: 

Court Order to require Outline permit be issued.  Issue Outline permit. Notify all interested parties

Signature:

PLeg / PT Initials

Position:

Minister for Planning and Environment

Date Signed:

Date of Decision (If different from Date Signed):

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