Les Bardeaux, La Rue de Haut, St. Lawrence: Appeal Decision P/2019/1404

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 February 2021

Decision Reference: MD-PE-2021-0012			Application Reference: P/2019/1404
Decision Summary Title:	Appeal Decision – Les Bardeaux, La Rue de Haut, St Lawrence		Date of Decision Summary:	22 February 2021
Decision Summary Author:	Principal Policy Planner – Strategic Policy, Planning and Performance		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- Les Bardeaux		Date of Written Report:	30 November 2020
Written Report Author:	David Hainsworth LL.B(Hons) FRSA Solicitor - 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, P/2019/1404, for; “Demolish existing dwelling and associated buildings. Construct 10 No. two bed and 1 No. three bed residential units with basement parking and associated landscaping” at Les Bardeaux, La Rue de Haut, St Lawrence
Decision: The Assistant Minister dismissed the appeal and varied the original planning permission, P/2019/1404 by: (a) Approving the revised drawings P008 B - Proposed South Elevation, P009 B - Proposed West Elevation, P011 B - Proposed East Elevation and P013 B - Proposed North-South Longitudinal Sections as replacements for the Approved Documents P008 A - Proposed South Elevation, P009 A - Proposed West Elevation, P011 A - Proposed East Elevation and P013 A - Proposed North-South Longitudinal Sections. (b) Replacing Condition 5 by the following condition: “5. All planting and other operations comprised in the approved landscaping scheme shall be completed prior to the first occupation of any element of the development, in accordance with a landscape management plan (including management responsibilities and maintenance schedules) to be submitted to and approved in writing by the Infrastructure, Housing and Environment Department. The landscape management plan shall be carried out as approved and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species. Reason: To safeguard the benefits of the landscape scheme in the interests of the amenities of the area and to ensure a high quality of design in accordance with Policies SP7 and GD7 of the Jersey Island Plan 2011 (revised 2014).” (c) Imposing additional Conditions 8, 9, 10 and 11, as follows: 8. Prior to the commencement of the development, a detailed plan and specification for the incorporation of on-site low carbon or renewable energy production equipment, to off-set predicted carbon emissions by at least 10%, shall be submitted to and approved in writing by the Infrastructure, Housing and Environment Department. Such equipment as so approved shall be installed and brought into operation before the first occupation of the development and shall, thereafter, be maintained in a safe and working order. Reason: To ensure adequate arrangements are made to help reduce CO2 emissions, in accordance with Policy SP2 and NR7 of the Jersey Island Plan 2011 (revised 2014) and in line with the Government of Jersey’s Carbon Neutral Strategy. 9. No part of the development hereby approved shall be occupied until sufficient electric car charging facilities have been constructed in accordance with plans to be approved in writing by the Infrastructure, Housing and Environment Department. The facilities shall thereafter be retained solely for the use of occupiers of the development. Reason: In the interests of promoting sustainable and less polluting patterns of development, in accordance with Policies TT9 and SP6 of the Adopted Island Plan 2011 (Revised 2014). 10. Prior to the commencement of the development, a Site Waste Management Plan shall be submitted to and approved in writing by the Infrastructure, Housing and Environment Department. The Plan shall set out the arrangements for waste management in relation to the approved works of demolition and excavation and shall be implemented as approved. Prior to the commencement of the approved works of construction, a Site Waste Management Completion Report shall be submitted in writing to the Infrastructure, Housing and Environment Department demonstrating compliance with the Plan. Reason: To ensure adequate arrangements are made to reduce, reuse and recycle materials, in accordance with Policy WM1 of the Jersey Island Plan 2011 (revised 2014). 11. No development shall take place, including any works of demolition, until a Construction Environmental Management Plan has been submitted to and approved in writing by the Infrastructure, Housing and Environment Department. The approved Plan shall be adhered to throughout the construction period of the development and any departures from it shall be approved in writing by the Department before they are put into practice. The Plan shall secure an implementation programme of mitigation measures to minimise the adverse effects of the construction of the development on the environment (including the effects of demolition work), and shall include but not be limited to: A. A demonstration of compliance with best practice in controlling, monitoring, recording and reporting on any emissions to the environment (such as noise, vibration or air, land or water pollution); B. Details of a publicised complaints procedure, including details of office opening hours and of out-of-hours contact numbers; and C. Specified hours of operations on the site. Reason: To safeguard residential amenities in accordance Policy GD1 of the Jersey Island Plan 2011 (revised 2014).”
Reason for Decision: The Assistant Minister agreed with the recommendation of the Inspector, but considered that the requirements of Policy SP2, SP6, NR7 and TT9 were not fully addressed by the development proposals and, therefore, considered it necessary to impose additional conditions to secure compliance.
Resource Implications: None.
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy J Perchard		Position: Assistant Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):