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Field No. G506A, Les Sablons Nurseries, La Rue de Fauvic, Grouville: Appeal Decision ENF/2021/00008

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 June 2022

Decision Reference:  MD-ENV-2022-444

Public

Subject: Appeal Decision: ENF/2021/00008 (Field No. G506A, Les Sablons Nurseries, La Rue de Fauvic, Grouville)

 

Report Title: Appeal Decision: ENF/2021/00008 (Field No. G506A, Les Sablons Nurseries, La Rue de Fauvic, Grouville)

Public

Decision(s):

In line with the recommendation of the independent planning inspector, in respect of an appeal against enforcement notice ENF/2021/00008 (Field No. G506A, Les Sablons Nurseries, La Rue de Fauvic, Grouville) the Minister decided to:  1) Allow the appeal on ground (f) insofar as it relates to the siting of a storage container between polytunnels 1 and 2 and that the enforcement notice ENF/2021/00008 issued on 24 September 2021 is varied by replacing paragraph 5.6 with the following: -  “5.6  Either remove the storage container that is located between polytunnels 1 and 2 from the site altogether or relocate the storage container within an area designated for storage on the Plan B approved by planning permission P/2007/1194.”  2) Allow the appeal on ground (h) insofar as it relates to the hardstanding laid within polytunnels 1 and 2, that the enforcement notice ENF/2021/00008 issued on 24 September 2021 is varied by the deletion of paragraph 5.4 and that planning permission is granted in accordance with the application P/2021/1890 dated 17 November 2021 and the plans submitted therewith for the installation of concrete flooring in polytunnels 1 and 2 at Field No. G506A, Les Sablons Nurseries, La Rue de Fauvic, Grouville, subject to the following condition: -  1. that the concrete flooring shall be used only in connection with a hard and soft landscaping business, in accordance with planning permission P/2007/1194 and the conditions imposed thereon, and only for the purposes designated on Plan B of that permission, and for no other purpose.  Reason: To protect neighbours’ amenities.  3) Allow the appeal on ground (g) to the extent that the enforcement notice ENF/2021/00008 issued on 24 September 2021 is varied by replacing paragraph 6 (Time for Compliance) by: -  “6. Time for Compliance: 3 calendar months commencing from the date of the determination of the appeal against this notice.”  4) Dismiss the appeal in all other respects and that the enforcement notice ENF/2021/00008 issued on 24 September 2021 is upheld as varied.

Reason for Decision(s):

The Minister is required to consider the findings and recommendations of the Planning Inspector prior to making a decision.

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: Minister for the Environment

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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