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Beauport Place, Le Chemin de Beau Port, St. Brelade: Planning Application (P/2016/1410): 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 31 July 2017:

Decision Reference:    MD- PE- 2017 – 0073

Decision Summary Title:

Appeal Decision – Beauport Place, Le Chemin de Beau Port, St Brelade. (P/2016/1410)

Date of Decision Summary:

25 July 2017

Decision Summary Author:

Principal Planner (Policy)

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 – Beauport Place

Date of Written Report:

Undated

Written Report Author:

Jonathan King, BA(Hons), DipTP, MRTPI – 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 at Beauport Place, Le Chemin de Beau Port, St Brelade. (P/2016/1410)

Decision:

The Minister dismissed the appeal and a variation of the decision has been made. The Minister hereby grants permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; “Construct basement garage to North elevation and plant room to South elevation. Replace pergola and remove wall to East elevation. Relocate wall to East”.

 

This permission is granted subject to compliance with the following conditions:

 

1.       The development shall commence within five 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.       Notwithstanding the indications on the approved plans, large-scale details of the garage door to be used shall be submitted to and approved in writing by the Department of the Environment. The development shall then be carried out in full accordance with the approved details.  

           Reason: To secure a high standard of design in accordance with supporting the objectives of Policies GD1, GD7 and NE6 of The Adopted Island Plan 2011 (Revised 2014).

 

4.       The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Department of the Environment, a scheme of hard and soft landscaping. The scheme shall provide details of the following:

 

i) the position of all new trees and/or shrubs, this must include the species of plant(s)/tree(s) to be planted, their size, number and spacing and the means to be used to support and protect them; and

 

ii) other landscape treatments to be carried out including any excavation works, surfacing treatments, or means of enclosure; and

 

ii) the timescale for implementation .

 

The scheme shall be implemented as approved and in accordance with the approved timetable and retained as such.

Reason: To ensure that before development proceeds provision is made for a landscaping regime that will enhance the appearance of the development and ensure a high quality of design in accordance with supporting the objectives of Policies GD1, GD7 and NE6 of The Adopted Island Plan 2011 (Revised 2014).

 

5.      Any trees or plants planted in accordance with the approved landscaping scheme which die, are removed or become seriously damaged or diseased within a period of five years from the date of planting shall be replaced in the next planting season by others of a similar size and species unless the Department of the Environment gives written approval to a variation of the scheme.

        Reason: To mitigate against the potential failure of trees and plants, and the extent to which that failure might threaten the success of the landscaping scheme and to ensure a high quality of design in accordance with supporting the objectives of Policies GD1, GD7 and NE6 of The Adopted Island Plan 2011 (Revised 2014).

 

6.      The development hereby permitted shall be carried out in accordance with the approved Construction and Environmental Management Plan and the Framework Site Waste Management Plan.

Reason: To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD1, GD6 and WM1 of the Adopted Island Plan 2011 (Revised 2014).

 

 

 

Reason for Decision:

The Minister agrees with the recommendation of the Inspector as detailed within his report.

 

Resource Implications:-

None

 

Action required:

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

 

 

 

Signature:

Deputy S Luce

 

 

 

 

 

 

 

Position:

Minister

Date Signed:

 

 

 

 

 

Date of Decision (If different from Date Signed):

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