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Planning Decision in respect of La Bonne Aubaine Nurseries, La Rue des Cotils, St. Helier

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.

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  • 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

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A decision made (10.12.2008) in respect of a planning application for La Bonne Aubaine Nurseries, La Rue des Cotils, St. Helier.

Decision Reference:   MD-PE-2008-0228

Application Number:  P/2008/0120

(If applicable)

Decision Summary Title :

La Bonne Aubaine Nurseries, La Rue des Cotils,  St. Helier

Date of Decision Summary:

14 October 2008

Decision Summary Author:

 

Chris Jones

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

La Bonne Aubaine Nurseries, La Rue des Cotils, St. Helier

Date of Written Report:

23.6.08

Written Report Author:

Chris Jones

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  , La Bonne Aubaine Nurseries, La Rue des Cotils, , St. Helier, ,

 

Demolish existing glasshouse. Construct 4 No. new dwellings.

 

Decision(s):

 

The planning application was presented to the Ministerial Meeting on 4th July 2008 where it was deferred pending a Ministerial Site Visit prior to the formal decision being undertaken.

 

The Minister visited this site and Mont a L’Abbé Nurseries on 15th August 2008 and after further consideration of the issues involved, decided that the proposed development represented an insubstantial departure to the Island Plan and is justified as it will result in very significant environmental gains through the related application to remove a dwelling (P/2008/0067) and also the removal of all the glasshouses at Mont a L’Abbe Nurseries and the restoration of the field, and the removal of the glasshouses at Bonne Aubaine.  Accordingly, having satisfied himself that the proposal would have little, if any, impact on the surrounding countryside, the Minister resolved on 1st September 2008 to grant outline planning application subject to completion of a Planning Obligation Agreement to ensure that the glasshouses and bungalow at Mont a L’Abbé Nurseries (P/2008/0067) are removed in their entirety before development first commences on this site.

 

In reaching this decision, the Minister decided that he could not justify the provision of  4 no. dwelling units on the site, but could justify 2 well detailed, traditional, granite dwelling units of similar aggregate size, on the basis that one dwelling would replace the unit lost at Mont a L’Abbé (under Policy H10) and the other would fund the removal of the house and the two sets of derelict glasshouses at the two sites.  The Minister required that the applicant should be instructed to appoint an architect to prepare revised plans to ensure a high quality scheme which accords with the Minister’s design principles.

 

Reason(s) for Decision

See above

 

Conditions

 

  1. Before any development commences on site, a Planning Obligation Agreement shall be entered into to ensure that the glasshouses and dwelling at Mont a L’Abbé Nurseries are removed and the land restored to agricultural use. In the event of the failure to complete such an agreement within 3 months of the date of this permit, the permit shall cease to have effect.

 

  1. Before any development first commences on site, a landscaping scheme shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme (which shall include the planting mixes outlined in the consultation response received from The States Ecologist dated 12.2.08), shall be undertaken within the first available planting season and any trees or plants which die, are removed or become seriously diseased within a period of five years from the date the planting first takes place, shall be replaced in the next planting season with others of a similar size and species.

 

  1. Before any development first commences on site, sample details of all the proposed materials to be used in the construction of the new development (to include window and door details), shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full and maintained as such.

 

  1. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2007 (or any order revoking and re-enacting that order with or without modification), the following development shall not be undertaken without express planning permission first being obtained from the Planning and Environment Department:

 

-          extensions to the dwellings

-          free standing buildings within the curtilages of the dwellings

-          alterations or additions to the roofs

-          erection of a porch

-          hard surfacing

-          container for the storage of oil

-          satellite antenna

-          fences, gates or walls

-          any windows or dormer windows

 

  1. Before any proposed development first commences on site, proposed details of the proposed existing and proposed site levels (to include the finished floor levels of the proposed dwellings and the finished floor levels of the immediately adjoining dwellings) shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full and shall be retained and maintained as such.

 

  1. No development shall take place until precise details of the means of access, including the layout, construction and sightlines have been submitted to and approved in writing by the Planning and Environment Department. The approved details shall be fully implemented before the dwellings hereby approved are first occupied.

 

  1. Before any development first commences on site, precise details of the proposed refuse storage and disposal shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented before the dwellings hereby approved are first occupied and shall be retained and maintained as such.

 

  1. Before any development first commences on site, precise details of the proposed foul drainage and surface water drainage has been submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full and shall be retained and maintained as such.

 

Reasons

 

  1. To safeguard the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

 

  1. To safeguard the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

 

  1. To safeguard the character and appearance of the area and in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

 

  1. To safeguard the character and appearance of the area and the immediately adjoining properties in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

 

  1. To safeguard the character and appearance of the area and in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

 

  1. To safeguard the character and appearance of the area and in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

 

  1. To ensure satisfactory drainage arrangements and to avoid flooding in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

 

Resource Implications

 

None

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

PLeg / PT Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

 

 

 

 

 

 

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