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Blue Fountain, La Route de la Pulente, St. Brelade: Appeal Decision RP/2021/0193

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 on 25 January 2022

Decision Reference:  MD-PE-2021-0094

Application Reference: RP/2021/0193

Decision Summary Title:

Appeal Decision - Blue Fountain, La Route de la Pulente, St. Brelade

Date of Decision Summary:

 

17 December 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-

Blue Fountain

Date of Written Report:

9th December 2021

 

Written Report Author:

Sue Bell- 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, RP/2021/0193, for “Revised Plans to P/2010/1569 (Change of use from restaurant to domestic dwelling. Construct first floor extension with balcony): Construct mono-pitched roof to East elevation. Various external and internal alterations” at Blue Fountain, La Route de la Pulente, St. Brelade.

Decision:

A. The Assistant Minister dismissed the appeal and varied the decision to grant planning permission which is now subject to the following conditions:

 

1.The development shall commence within three years of the decision date.

 

Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. 

 

2. The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission.

 

Reason: To ensure that the development is carried out and completed in accordance with the details approved.

 

3. Prior to commencement of the development hereby approved, details in respect of hard and soft landscaping treatment to the South of the approved dwelling shall be submitted to and approved in writing by the Department of Infrastructure, Housing and the Environment. These works shall thereafter be carried out in full in accordance with such approved details and maintained as such thereafter.

 

Reason: These details are not included in the application and are required to be submitted and agreed by the Department to ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity to the setting of the Abreuvoir, in accordance with Policies SP4 and HE1 of the Adopted Island Plan 2011 (Revised 2014).

 

4. For the avoidance of doubt, the balcony balustrade shall be constructed of galvanised metal work, as illustrated on Drawing 10, and shall not be formed from glass panels.

 

Reason: This condition is necessary as both a glazed and metal balustrade are indicated on the submitted drawings. A metal balustrade will ensure a satisfactory appearance that will not detract from or affect the setting of the Listed Abreuvoir, to comply with Policy HE1 of the Adopted Island Plan 2011 (Revised 2014).

 

5. Prior to commencement of the development hereby approved, details of the external materials shall be submitted to and approved in writing by the Department of Infrastructure, Housing and the Environment. These works shall thereafter be carried out in full in accordance with such approved details.

 

Reason: To promote good design and to safeguard the character and appearance of the existing building and surrounding area, in accordance with Policies GD1 and GD7 of the Adopted Island Plan 2011 (Revised 2014).

 

6. The approved roof-lights must be installed at least 1.7 metres above the finished floor level, measured to the lowest part of the frame.

 

Reason: To safeguard privacy of the neighbouring property to the north-east.

 

B. The Assistant Minister further resolved that the date of this decision constitutes a revision to the date of the planning permission for the purposes of establishing a start-date for any time-related conditions or requirements of the permission or of the Planning and Building (Jersey) Law 2002.

 

Reason for Decision:

The Assistant Minister agreed with the recommendations of the Inspector.

Resource Implications:

None.

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

 

 

 

Deputy G Guida

Position:

 

 

 

Assistant Minister for the Environment

Date Signed:

 

 

 

 

Date of Decision (If different from Date Signed):

 

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