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Belle Vue, La Route du Mont Mado, St. John: Planning Application (P/2016/1866): 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 5 June 2017:

Decision Reference:    MD- PE- 2017 – 0048

Decision Summary Title:

Appeal Decision – Belle Vue, La Route du Mont Mado, St John (P/2016/1866)

Date of Decision Summary:

01 June  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:

Inspector’s Report – Belle Vue

Date of Written Report:

31 May 2017

Written Report Author:

P Staddon, BSc, Dip, MBA, MRTPI- Planning Inspector

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 Belle Vue, La Route du Mont Mado, St John JE3 4DN (P/2016/1866)

Decision:

The Minister dismissed the appeal and a variation of the decision to refuse planning permission ref: P/2016/1866 has been made. The Minister hereby refuses to grant planning permission for the proposed development: “Demolish ancillary buildings and construct detached garage, office and plant enclosure to East of site” for the following reasons:

 

  1. The site is situated within the Green Zone, wherein there is a strong presumption against all forms of development. Whilst the built form of the replacement office structure is acceptable, the proposed sole use as an office building, in the absence of compelling evidence to suggest a lawful business use at the premises, is not considered an appropriate and sustainable pattern of development within this zone, contrary to Policy GD 1 and NE 7 of the Adopted Island Plan 2011 (Revised 2014).

 

  1. The proposed development of the bike store would result in some loss of trees and boundary hedges on the eastern boundary of the property, contrary to Policy NE 4 of the Adopted Island Plan 2011 (Revised 2014), and would result in the built form and domestic use intruding into the adjacent open land, harming the landscape character contrary to Policy NE7 of the Adopted Island Plan 2011 (Revised 2014).

 

Reason for Decision:

The Minister agreed with the comments and 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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