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La Tache, La Grande Route de St. Ouen, St. Ouen: Planning Application Appeal Decision

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.

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  • 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

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A decision made on 1 May 2018:

Decision Reference:    MD- PE- 2018 – 0046

Decision Summary Title:

Appeal Decision – La Tache, La Grande Route de St Ouen, St Ouen (P/2017/1395)

 

Date of Decision Summary:

30th  April 2018

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:

Inspector’s Report - La Tache

Date of Written Report:

30th April 2018

Written Report Author:

Graham Self MA, MSc, FRTPI

Planning Inspector

Written Report :

Public or Exempt?

 

Public

Subject:

Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to grant planning permission at La Tache, La Grande Route de St Ouen, St Ouen (P/2017/1395)

 

Decision:

The Minister allowed the appeal and refused planning permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development: “Construct skip sorting and waste transfer station to East of site”.

 

Planning permission is refused for the following reasons:

 

1.       The application proposes a new employment building in the Green Zone for a use

          which does not meet the test of exceptional circumstances for such buildings in Policy

          NE7 of the Island Plan. The development would also conflict with Policy SP1 of the

          Plan because the development would not be appropriate to the countryside and would

          not be appropriate development of brownfield land.

 

2.  The visibility splays available where the site access meets La Grande Route de St Ouen are sub-standard and the use of this access by vehicles including employees’ cars and skip and refuse lorries would cause unacceptable safety hazards, contrary to Policy GD1 of the Island Plan.

 

3.        The proposed building would encourage the unlawful use of land within the application site, which is subject to an extant enforcement notice requiring the use for skip storage and the storage and sorting of waste materials to cease by 30 April 2013. This requirement would not be overridden by planning permission for the construction of the proposed building, so granting permission would conflict with on-going enforcement proceedings.

 

Reason for Decision:

The Minister agreed with the recommendation of the Inspector.

 

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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