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La Falaise, Le Mont Arthur, St. Brelade: Determination of Planning Application (P/2007/0687)

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

  • 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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A decision made 16 December 2010 [A 2010 decision not recorded until 2012]:

Decision Reference:   MD-PE-2010-0132 

Application Number:  P/2007/0687

Decision Summary Title :

La Falaise, Le Mont Arthur, St. Brelade, Jersey,

Date of Decision Summary:

13 December 2010

Decision Summary Author:

 

A Townsend

Principal Planner

Decision Summary:

Public

Type of Report:

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Planning and Environment Report

P/2007/0687

Date of Written Report:

2 July 2010

Written Report Author:

A Townsend

Principal Planner

Written Report :

Public

Subject:  La Falaise, Le Mont Arthur, St. Brelade, Jersey,

 

Demolish existing dwelling and construct new 5 bed dwelling with pool, block up east vehicular access. RE-ADVERTISED: Proposed 4 bed dwelling. Additional information submitted including Environmental Statement and landscaping.  AMENDED PLANS: Alterations to scheme including changes to position and height of building. FURTHER AMENDED PLANS.

 

Decision(s):

Refuse Planning Permission.

 

  • The Minister considered the application on 16 July 2010, and resolved to refuse the application contrary to the Department’s recommendation. 
  • The refusal was on the basis of the impact of the building upon the area and not any construction issues or overlooking of adjacent properties. 
  • Prior to issuing the formal Notice of Refusal the Minister requested advice from the Principal Planner (Appeals) and from the States Greffe.
  • A Reason for Refusal has been finalised as set out below.

Reason(s) for Decision:

The site occupies a prominent position on the skyline above the Village of St. Aubin. The site is also located within the Countryside Zone, wherein there is a general presumption against development. It is considered that the proposed development, by virtue of its scale and design in this prominent skyline location would unreasonably harm the character and special setting of St. Aubin, particularly also when the proposed development is seen alongside the large new dwelling on the adjacent site to the south. As such, the proposal fails to comply with the requirements of Island Plan Policies G2 (i), G3 (i) and (ii), G15 (i) and C6.

Resource Implications:

None.

Action required:

 

Notify Agent, Applicant and all other interested parties of the formal refusal.

 

Signature:

 

PLeg / PT Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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