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L'Avenir, La Vielle Rue, Grouville: Determination of Planning Application

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 13 October 2014:

Decision Reference:   MD-PE-2014-0097

Application Number:  P/2012/0506

(If applicable)

Decision Summary Title :

L'Avenir, La Vieille Rue, Grouville

Date of Decision Summary:

10 October 2014

Decision Summary Author:

 

Principal Planner

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Principal Planner

Written Report

Title :

P/2012/0506

Date of Written Report:

10 October 2014

Written Report Author:

Principal Planner

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  L'Avenir, La Vieille Rue, Grouville, Jersey, JE3 9UL

 

Demolish existing sheds to West. Construct 4 No. dwellings. Model Available. REVISED PLANS: Demolish existing shed and construct 3 No. dwellings. Model Available.

 

Decision(s):

 

At the Ministerial Meeting of 6th September 2013 the Minister received the Department report and heard comment from the applicant in relation to the subject application.

 

The Minister then deferred his decision, noting that he did not consider there to be a suitable balance in relation to the environmental gains arising from the development proposals in the context of Island Plan policies. The Minister then requested that Officers meet with the applicant to ascertain what changes to the scheme might be needed to reach a satisfactory conclusion, following which, if an amended scheme was forthcoming, he would issue his decision in writing.

 

An amended scheme has now been received which has:

  • Removed the granite shed and introduced an orchard to the south-west of the site;
  • Lowered the height of the central dwelling and reduced the number of bedrooms from 4 to 3;
  • Consolidated the car parking area;
  • Confirmed that infrastructure will be provided to enable immediate neighbours to connect to the mains water supply, with a further group of residents having the opportunity to connect to new mains foul drainage infrastructure.
  • Removed a row of Leylandii trees on the southern boundary of Field 783 to be replaced with indigenous planting of trees and shrubs;
  • Confirmed a financial contribution to the Eastern Cycle Route.

 

The Minister has reviewed the new submission and considers that the information satisfactorily addresses his original concerns. As such, the Minister has resolved to approve the planning application, subject to conditions (as attached) and the prior completion of a Planning Obligation Agreement, which shall provide for:

 

a)      A financial contribution of £1000 per unit towards the continued development of the Eastern Cycle Route;

 

b)      The provision of mains water infrastructure of sufficient capacity to serve the 6 neighbours to the south of the application site, taken to the common boundary. The neighbours should then have the free and unrestricted opportunity to connect, and obtain a water supply in perpetuity from this infrastructure. How and when the neighbours make that connection would be up to them. The liability for maintaining the infrastructure within the application site would remain with the applicant, and the neighbouring owners would be liable for the infrastructure on their site.

 

c)      The provision of the mains foul drainage infrastructure necessary to serve the 6 properties at Boulivot de Bas, taken to the southern edge of Field 781 within the ownership of the applicant. How and when the properties at Boulivot de Bas make the connection, and provide a pumping station, would then be up to them. The connection within Field 781 should be at no cost, and the outlet should be guaranteed in perpetuity. The liability for maintaining the infrastructure within Field 781 would remain with the applicant and the other owners would be liable for their infrastructure on their site.

 

The Minister confirmed that the Director (Development Control) is authorised to grant planning permission under powers delegated to him subject to the prior completion of the planning obligation agreement referred to above. Alternatively, in the event that a suitable planning obligation is not agreed within six months of his being authorised in accordance with this Minister Decision, the Director (Development Control) be authorised to REFUSE the grant of planning permission.

 

Reason(s) for Decision:

 

Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received.

 

Resource Implications:

 

None

 

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

Deputy R C Duhamel

PLeg / AS Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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