Retreat Farm and Field 772, La Rue de la Frontiere, St. Mary: Planning application

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 21 November 2016:

Decision Reference: MD-PE-2016-0147
Decision Summary Title :	Retreat Farm and Field 772, La Rue de la Frontiere, , St. Mary	Date of Decision Summary:		16 November 2016
Decision Summary Author:	Director – Development Control	Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Oral	Person Giving Oral Report:		Director – Development Control
Written Report Title :	N/A	Date of Written Report:		N/A
Written Report Author:	N/A	Written Report : Public or Exempt?		N/A
Subject: Application P/2016/1483 at Retreat Farm and Field 772, La Rue de la Frontiere, St. Mary, Jersey, JE3 3EG to demolish part of Glasshouse in Field MY770. Change of use of remaining glasshouse to an activity centre. Construct canopies to West and North elevation. Change of use of resulting agricultural field to car park and bird of prey flight zone, including hardstanding and associated works. Construct bus shelter and toilets to West of site. Alter vehicular access onto La Rue de la Frontiere. Change the use of part of Field MY772 to create footpath with associated fencing. Construct terraced seating area to North of existing café. Demolish glasshouse on Field L78. Construct 10 No. three bed, 4 No. four bed and 1 No. five bed dwellings with associated parking and landscaping. Various drainage works to site. 3D model available.
Decision(s): The Minister decided Against determining the above mentioned planning application until a Public Inquiry into the application has been held; and That the matter should be brought to the attention of the public of Jersey in due course, by way of a formal announcement, that a Public Inquiry is to be held.
Reason(s) for Decision: In accordance with Article 12(1)(a) and (b) of the Planning and Building (Jersey) Law 2002, as amended, the Minister is satisfied that if the proposed development were to be carried out it would a) Potentially be a departure (other than an insubstantial one) from the Island Plan. The Island Plan’s Spatial Strategy (Policy SP 1) asserts that outside the defined Built-up Area, planning permission will only be given for development appropriate to the coast or countryside; for development of brownfield land, which meets an identified need and where it is appropriate to do so; and for the development of greenfield land, in exceptional circumstances, where it justifiably supports parish communities or the rural economy and which meets an identified need and where it is appropriate to do so. The Minister wishes to establish whether the proposed development meets these established tests, as well as those set out within other key Island Plan policies.
Resource Implications: The estimated cost of holding the Public Inquiry will be met from within the existing Department budget (an estimated amount having been set aside for the purpose) and the Inquiry will be staffed by existing Department staff.
Action required: A) The Chief Officer shall secure the services of an independent Planning Inspector to conduct the Public Inquiry; B) Upon securing an Inspector, the Minister shall make a formal announcement as per the provisions of the Planning and Building (Jersey) (Public Inquiries) Order 2008 (media release and letters to interested parties required). C) The Department shall arrange an Inquiry website, e-mail/postal address and administrative support for the Inspector.
Signature:			Position: Minister for the Environment
Date Signed:			Date of Decision (If different from Date Signed):