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The Penthouse, Holmgate Court, Claremont Road, St. Helier: Planning Application (P/2016/0346): 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 12 September 2016:

Decision Reference:    MD- PE- 2016 – 0119

Decision Summary Title:

Appeal Decision – The Penthouse, Holmgate Court, Claremont Road. St. Helier JE2 4RT

Date of Decision Summary:

7 September 2016

Decision Summary Author:

Principal Planner (Policy)

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

Report to the Minister – The Penthouse

Date of Written Report:

5 September 2016

Written Report Author:

Mr D A Hainsworth LL.B(Hons), FRSA. Solicitor

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 The Penthouse, Holmgate Court, Claremont Road. St. Helier JE2 4RT  P/2016/0346

Decision:

The Minister dismissed the appeal. 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; Remove balustrade and construct wall to South elevation.

 

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

  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. 

 

B.  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.

 

Approved Plans:

Location Plan

Proposed South Elevation

 

   

Reason(s) for Decision:

The Minister agrees with the recommendation of the Inspector as detailed within his report dated 5 September 2016.

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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