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Les Ruisseaux House (Secret Garden) land at, Les Ruisseaux, St. Brelade: Planning Application (RP/2022/0558): 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.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 22 June 2023:

Decision Reference:  MD-ENV-2023-394

Public

Subject: Appeal decision: RP/2022/0558 (Land at Les Ruisseaux House (Secret Garden), Les Ruisseaux, St Brelade)

 

Report Title: Appeal decision: RP/2022/0558 (Land at Les Ruisseaux House (Secret Garden), Les Ruisseaux, St Brelade)

Public

Decision(s):

The Assistant Minister decided to:  1. Allow the appeal in part and refuse part of planning permission, reference RP/2022/0558, in respect of the proposed installation of the air source heat pump and;  2. Dismiss the appeal in part and grant part of planning permission, reference RP/2022/0558, in respect of the proposed installation of solar panels, external stairs, timber cladding and to changes to the ground-floor window and door arrangements, the repositioning of a rooflight and the repositioning of internal walls, doors and staircases, subject to conditions:  3. The 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(s):

The Assistant Minister accepted and agreed with the findings, recommendations and reasoning of the Independent Planning Inspector in respect of all matters save the proposed installation of the solar panels. In respect of the proposed solar panels, the Assistant Minister noted that Policy SP1 of the bridging Island Plan – Responding to climate change- seeks to reduce the carbon impact of new development by requiring development to optimise land use through efficient forms of development which minimise energy demand, maximise energy efficiency and which utilise renewable forms of energy. The Assistant Minister considered that the benefits of the proposed solar panels in helping to achieve a meaningful and long-term reduction in carbon emissions will out-weigh the potential impact on the outlook from the neighbouring property, particularly if the appearance of the supporting structure is satisfactorily improved so that any impact is not unreasonable.

Resource Implications: There are no new financial and/or manpower implications arising as a consequence of this Ministerial Decision.

 

Action Required: Department to take necessary action.

Signature:

 

 

Signed By: Assistant Minister for the Environment

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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