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Former Quarry East of Field No 351, St Brelade: Planning application 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.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 21 November 2016:

Decision Reference:    MD- PE- 2016 – 0143

Decision Summary Title:

Appeal Decision – (P/2016/0460)

Date of Decision Summary:

14 November 2016

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:

Report to Minister – Former Quarry East of Field No 351, St Brelade

Date of Written Report:

9 November 2016

Written Report Author:

Philip Staddon

BSc, Dip, MBA, MRTPI

Written Report :

Public or Exempt?

 

Public

Subject:

Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a refusal to grant planning permission at Former quarry East of Field No 351, La Route de Petit Port,  St Brelade           (P/2016/0460)

Decision:

The Minister dismissed the appeal under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; “Demolish existing structures and construct 1 no. three bedroom dwelling with associated hard and soft landscaping” for the following reasons:-

 

1. The application site is located within a designated Green Zone (Policy NE7) wherein there is a starting presumption against all forms of development. Permissible exceptions to the presumption against development may include the redevelopment of an employment building(s), but only where, in the first instance, the redundancy of employment use is proven, as required under Policy NE7(10a) and Policy E1. The dated marketing exercise fails to demonstrate that the site is unsuitable and financially unviable for any employment use. Moreover, the viability of the site as employment land is supported by the established ongoing commercial operation. The scheme therefore fails to prove the redundancy of employment use and is thereby contrary to policies NE7 and E1 of The Adopted Island Plan (Revised 2014).

 

2. Permissible exceptions to the presumption against development contained under Policy NE7 may include the redevelopment of an employment building(s), involving demolition and replacement for another use but only where, in part, the redevelopment gives rise to demonstrable environmental gains. The scale and visual mass of the proposed dwelling is such that it is significantly larger than the modest structures it is designed to replace and is thereby considered to have a more pronounced impact upon the landscape. The possibility of repairing and restoring landscape character is further diminished by the retention of a commercial operation within the proposed site. The scheme therefore fails to deliver demonstrable environmental gain and is thereby contrary to policy NE7 of The Adopted Island Plan (Revised 2014).

 

Reason(s) for Decision:

The Minister agreed with the recommendation of the Inspector as detailed within his report dated 9 November 2016.

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):

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