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Le Chalet Hotel Site, La Rue de la Corbiere, St. Brelade - Planning Permission.

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (25/11/2008) regarding: Le Chalet Hotel Site, La Rue de la Corbiere, St. Brelade - Planning Permission.

Decision Reference:   MD-PE-2008-0281

Application Number:  P/2007/2055

(If applicable)

Decision Summary Title :

Le Chalet Hotel Site, La Rue de la Corbiere,

St. Brelade

Date of Decision Summary:

11 December 2008

Decision Summary Author:

A Townsend

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Oral and Written

Person Giving

Oral Report:

A Townsend

Written Report

Title:

Planning and Environment Dept

Report

Date of Written Report:

12 May 2008

Written Report Author:

A Townsend

Written Report :

Public or Exempt?

Public

Subject:  Le Chalet Hotel Site, La Rue de la Corbiere, St. Brelade 

Construct 3 No. 4 bed dwellings and 1 No. 5 bed dwelling. AMENDED PLANS: Changes to layout and dwellings, including heights and positions.

Decision(s):

The Minister considered the application at a public meeting on 20 May, concluding that he accepted the principle of the development subject to details, including addressing overlooking concerns to the north and west, requiring supervision by Hopkins Architects, and resolution of a Percentage for Art contribution.  

The applicant has now confirmed a Percentage for Art proposal, engaged one of the Minister’s accepted advisers, and confirmed arrangements to involve Hopkins Architects in the finalisation of the design drawings, and throughout construction. This will include resolving the overlooking issues to the north and west to the satisfaction of the Minister.  

It was therefore concluded that all of the details requested by the Minister when his original decision was made, had been addressed and that Planning Permission could be granted.  

The decision was therefore confirmed on 25 November 2008, and a Permit issued.

Reason(s) for Decision: 

1. The extent of the authorised residential curtilage of each of the units shall be agreed with the Minister, prior to the occupation of any of the units hereby approved.

Reason: In allowing the development, the Minister has been keen to ensure that the natural appearance and character of the majority of the site is maintained and in some areas reinstated. It is essential to ensure that a manicured domestic appearance is not introduced into these areas and that the residential curtilages of each of these units is minimised. The design of the units intentionally seeks to provide for amenity space within the building without the need for additional outdoor garden areas. 

2. Before any works commence on site a Landscaping Scheme and Landscape Management Plan shall be submitted by Townshend Landscape Architects for the whole of the site and agreed in writing by the Minister following consultation with the Environment Division.  This shall include a written methodology for a survey to identify species protected by the Conservation of Wildlife (Jersey) Law 2000, which shall be agreed with the Environment Division. That survey shall be carried out to the satisfaction of the Environment Division, and works to protect any wildlife identified, agreed with the Minister in consultation with the Environment Division.

Reason; To ensure the protection, reinstatement where necessary, and future management of the natural landscape around each of the buildings in the interest of the character and appearance of the area and the maintenance of existing vegetation and habitats. 

3. Prior to the commencement of any works on site maximum working areas around each plot and around the proposed road shall be agreed with the Minister. These must minimise the area of the site which is subject to any building works or disruption during the construction of the development. Building work and the storage of equipment shall only be allowed within these authorised areas and no development works including any relevelling, any construction, or the storage or burning of any materials are allowed outside these areas.

Reason: To ensure that the development causes the minimum possible disruption of the existing landscape. 

4. The glass used throughout the buildings shall be non-reflective.

Reason; The design of the building includes large areas of glass, and to avoid these appearing intrusive, and to help the buildings assimilate into the landscape, it is important that the glass is non-reflective. 

5.: Before any works commence on site a Construction Management Plan shall be agreed with the Minister illustrating precisely how the buildings will be constructed with due consideration for the existing landscape and habitats.

Reason: As Condition 3 above. 

6. No development shall take place during the green lizard breeding season and no development shall be allowed to harm any green lizard habitat.

Reason; To avoid any disruption or harm to the environment or habitat of the green lizard. 

7. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2008,or any amendment to or replacement of that order, no works involving the erection of a building, extension, structure, gate, wall, fence or other means of enclosure, tank,  or the introduction of any hardstanding to any ground surface, other than those shown on the drawings approved with this permission, is permitted without the prior approval of the Minister for Planning and Environment.

Reason ; The specific design of these houses has been designed to reflect the sensitivity of this site. The Minister wishes to control any future development of any part of the site to ensure that development does not in any way harm the character of the area or any habitat. 

8. This Permit shall not be implemented in whole or part combination with any other Permit relating to this site, unless otherwise agreed in writing by the Minister.

Reason: This site has been the subject of previous Planning Permissions, but this scheme has been submitted as an alternative to all of those Permissions, and has only been permitted on the basis that it shall not be implemented either in whole or part combination which would lead to additional development of the site and/or development of a quality which would not be compatible with this development or the Minister's requirements. 

9. The Architect, Design Plus, shall be retained throughout the construction process until occupation of the units. Moreover, Hopkins Architects shall be retained to advise the Department on final design details and throughout construction.  All drawn details must be to their satisfaction, and all construction undertaken in accordance with those details to the satisfaction of Hopkins Architects. Those details shall include adjustments to the scheme to address overlooking issues to the west and north to the satisfaction of the Minister. Hopkins Architects shall work with the schemes architect and report to the Minister. All fees will be recharged to the applicant.

Reason: To ensure that the design principles are carried through and that the overlooking issues noted are addressed satisfactorily, all to the satisfaction of the Minister. 

10. Prior to commencement of construction, a Percentage for Art contribution to the value set out in the submitted Percentage For Art Statement, shall be agreed with one of the Minister's nominated advisers and confirmed by the Minister.  The agreed work shall then be completed on site to the satisfaction of the Minister before any of the units is occupied.

Reason: To ensure the creation of a piece of public art in accordance with Policy BE12 of the Island Plan. 

11. The buildings shall be constructed to meet the requirements of the U.K. Building Regulations with regard to energy efficiency.

Reason: The development has been permitted on the basis of the high quality of design including the promised high levels of energy efficiency. To ensure that the development achieves the standards submitted, it shall comply with current U.K. Building Regulations. 

Resource Implications:

None

Action required: 

Agent, Applicant and all other interested parties already notified

Signature:

PLeg / PT Initials

Position:

Minister for Planning and Environment

Date Signed:

Date of Decision (If different from Date Signed):

25 November 2008

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