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Cicadella, La Route de Noirmont, St. Brelade: Planning Application (P/2016/0848): 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 3 April 2017:

Decision Reference:    MD- PE- 2017 – 0034

Decision Summary Title:

Appeal Decision – Cicadella, La Route de Noirmont, St Brelade. (P/2016/0848)

Date of Decision Summary:

30 March 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:

Report to Minister-Cicadella

Date of Written Report:

Undated

Written Report Author:

N McGurk BSc(Hons), MCD, MBA, MRTPI

Written Report :

Public or Exempt?

 

Public

Subject:

Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a refusal to grant planning permission at Cicadella, La Route de Noirmont, St Brelade, JE3 8AJ. (P/2016/0848)

Decision:

The Minister allowed the appeal and hereby grants permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; “Demolish existing house and construct 1 No. four bed dwelling with associated parking and landscaping”.

 

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

 

1.       The development shall commence within three 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         Prior to the commencement of development details of measures to be taken to protect the eastern boundary hedge shall be submitted to and agreed by the Department of the Environment.  The development shall thereafter be undertaken in accordance with those details and the hedge retained thereafter to a height of no less than 2m unless otherwise agreed in writing by the department. 

           Reason: In the interests of retaining this attractive boundary feature and its ecological habitat value in accordance with policies GD1 and NE4 of the Jersey Island Plan 2011 (Revised 2014).

 

4.  Notwithstanding the provisions of the Planning and Building (General Development)(Jersey) Order 2011 and any amendments thereto, no extensions to the property, alterations to the roof or the erection of any outbuildings shall be undertaken unless a planning application has been submitted and approved for that work.

Reason Planning permission has been granted on the basis that, on balance, the impact on adjoining properties and the character of the area is not unreasonable. The Department considers it appropriate and necessary to retain control over any further alterations to the site to ensure that this balance is retained.

 

5.       Demolition or construction works shall not take place outside 0800 hours to 1800 hours Mondays to Fridays and 0800 hours to 1300 hours on Saturdays nor at any time on Sundays or Public Holidays.

          Reason: In the interests of protecting neighbouring occupiers from noise and disturbance in accordance with policy GD1 of the Jersey 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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