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Ollivier's Farm, Le Mont du Ouaisne, St. Brelade: Planning Application P/2010/1698 - 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.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 October 2011 regarding:

Decision Reference:   MD-PE-2011-0098

Application Number:  P/2010/1698

(If applicable)

Decision Summary Title :

Ollivier’s Farm, Le Mont du Ouaisne,  St. Brelade,

Date of Decision Summary:

11/10/2011

Decision Summary Author:

 

Senior Planner.

Alistair Coates

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Senior Planner.

Alistair Coates

Written Report

Title :

Planning Application : P/2010/1698 - Demolish existing buildings and structures. Construct 8 No. dwellings with garages. Relocate vehicular access.

 

Date of Written Report:

15 September 2011

Written Report Author:

Senior Planner.

Alistair Coates

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Ollivier’s Farm, Le Mont du Ouaisne,  St. Brelade,  

 

Planning Application : P/2010/1698 - Demolish existing buildings and structures. Construct 8 No. dwellings with garages. Relocate vehicular access.

 

Decisions:

Following his Public Ministerial Meeting on 30th September 2011 and subsequent Site Visit on 10th October, 2011, the Minister refused the application. In arriving at his decision, the Minister paid due respect to the case made out by the Applicant’s agent and to all consultation responses and representations received.  Also given due consideration was the Officer’s report and the relevant policies of the Jersey Island Plan, 2011.

 

Reason(s) for Decision:

1.   The site lies within the designated Coastal National Park wherein there is the strongest presumption against all forms of new development and the extension and / or intensification of existing development. Policy NE 6 of the Island Plan accepts that there may be opportunity to secure the repair and restoration of its character by allowing exceptions to the presumption against new development to be made where it is clear that a redevelopment of existing buildings or land uses might provide an opportunity to repair or reduce the damage caused to the landscape character by existing buildings and uses.

 

In this instance, the site is considered to have a unique and established character formed in the 1930’s and incrementally developed since then, contributing to that character. The demolition of the existing structures and subsequent construction of 8 permanent dwellings on the site will not serve to repair or restore this character and the proposal does not, therefore, justify an exception to Policy NE 6 or GD1 of the Jersey Island Plan, 2011.

 

2.  The site falls outside of the Built-up Area, where planning permission will only be given for (among other things) development appropriate to the countryside and, where it meets an identified need and is appropriate to do so. In this instance, the proposed development is not considered appropriate to this particular countryside setting and no evidence of identified need has been forthcoming. The proposal is also not considered to represent a sustainable approach to development in general or to housing provision in particular, given that the existing chalets and structures are capable of being repaired, refurbished and occupied to a standard acceptable to the occupants.

 

Accordingly, the proposal fails to satisfy the provisions of Policy SP1, SP2 and GD2 of the Jersey Island Plan, 2011.

 

3. The proposal will result in the loss of established housing units, contrary to the provisions of Policy H11 of the Jersey Island Plan, 2011.  

 

4.      The application fails to demonstrate that the proposal will not seriously adversely affect biological diversity or cause significant harm to animal or plant species protected by Law, or their habitats. Accordingly, the proposal is contrary to the provisions of Policies SP4, GD1, NE1 and NE2 of the Jersey Island Plan, 2011.  

Resource Implications:

None

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

 

Deputy R Duhamel

PLeg/AS  Initials

Position:

 

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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