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Samannah, Les Landes Avenue, St. Brelade: Planning Application (RP/2013/0215): Determination by Minister

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 July 2013:

Decision Reference: MD-PE-2013-0079

Application Number:  RP/2013/0215

(If applicable)

Decision Summary Title :

Samannah, Les Landes Avenue, St Brelade, Jersey, JE3 8DJ

Date of Decision Summary:

15/07/2013

Decision Summary Author:

 

Planner

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Planner

Written Report

Title :

Officer Report – RP/2013/0215

Date of Written Report:

13/05/2013

Written Report Author:

Lawrence Davies

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Samannah, Les Landes Avenue, St. Brelade, Jersey, JE3 8DJ

 

Application Description:

 

Demolish existing dwelling. Construct 2 No. dwellings. AMENDED PLANS: Re-design dwellings. REVISED PLANS: Construct first floor extension to unit 1.

 

Decision(s):

The Minister has decided to grant Planning Permission subject to certain alterations to the fenestration pattern of the new extension so as to minimise potential overlooking of the neighbouring property.

 

Reason(s) for Decision:

 

Having regard for all of the relevant considerations (including the applicant’s submissions, the comments of neighbouring residents and the Department report), and having undertaken a site visit, the Minister considers that the grant of Planning Permission is reasonable in the circumstances.

 

The following Reason for Approval will be included on the Permit;

 

Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received.

 

Under the previous application (P/2012/0132), permission was granted for the demolition of the existing dwelling and the redevelopment of the site with a pair of semi-detached dwellings. This approved application is for an additional bedroom extension at first floor level to one of the units.

 

This is a Built Up Area site wherein, under the provisions of Policy H 6 of the 2011 Island Plan, there is a presumption in favour of the development of new dwellings as well as extensions to existing dwellings.

 

In light of the concerns raised by immediate neighbours, the Minister has requested certain alterations to the fenestration pattern including a smaller pair of windows to the west elevation (in place of the single large opening originally proposed) as well as obscure glazing to the lower halves of these windows. The remaining area of flat roof atop the ground floor garage has also been conditioned in order to ensure that it cannot be used as a balcony area.

 

The Minister is satisfied that this additional bedroom will sit comfortably within the overall development and that, with the alterations described above, it will not unreasonably affect the privacy or residential amenity of neighbouring residents.

 

In addition, the Minister is satisfied that the level of parking provision on the site complies with the adopted parking standards and that the development will not lead to any problems in this regard.

 

In summary, having regard to all the relevant factors, it is considered that the approved scheme will not unreasonably affect the amenity of neighbouring properties and the grant of planning permission is considered to be reasonable.

 

 

The following Conditions and Reasons will be included on the Permit;

 

(nb: This is a Revised Plans Permit – conditions 1-3 are as per original 2012 permit, P/2012/0132)

 

  1. The development hereby approved shall be carried out entirely in accordance with the plans and documents permitted under this permit. No variations shall be made without the prior written approval of the Minister for Planning and Environment or an authorised officer of the Development Control section of Planning and Building Services.

 

REASON: To ensure that the development is carried out and completed in accordance with the details approved by the Minister for Planning and Environment.

 

 

  1. Prior to the commencement of the development hereby permitted, samples of all of the external materials to be used shall be submitted to, and approved in writing by, the Minister for Planning and Environment. High quality photographic evidence (including product literature) may be sufficient for some items.

 

REASON: The execution of this development is considered to be critical to its success, and the Minister wishes to be assured as to the quality of these details.

 

  1. Prior to the first occupation of the development hereby permitted, visibility lines must be provided in accordance with the approved drawings. Everything within the visibility sight lines, including gates, walls, railings and plant growth is to be permanently restricted in height to 900mm above road level.

 

REASON: In the interests of highway safety, in accordance with Policy GD 1 of the 2011 Island Plan.

 

  1. For the avoidance of doubt, the lower halves of the two west-facing windows of the bedroom extension hereby approved shall be obscurely glazed as indicated on the approved First Floor Plan, and shall remain as such in perpetuity. Furthermore, the area of flat roof adjacent to this extension shall not be used as a balcony or terrace.

 

REASON: In the interests of the privacy of the occupants of neighbouring properties, in accordance with Policy GD 1 of the 2011 Island Plan.

 

 

Resource Implications:

 

None

 

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

 

Deputy R C Duhamel

PLeg / AS Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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