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La Breque, Le Mont de Rozel, St. Martin: Planning Application P/2019/1138: 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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 13 November 2020

Decision Reference:  MD-PE-2020-0083

Application Reference: P/2019/1138

Decision Summary Title:

Appeal Decision – La Brecque, Le Mont de Rozel, St Martin

Date of Decision Summary:

 

15 October 2020

Decision Summary Author:

Principal Policy Planner – Strategic Policy, Planning and Performance

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- La Brecque

Date of Written Report:

14 September 2020

 

Written Report Author:

Philip 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 decision to refuse to grant planning permission, P/2019/1138, for; “Demolish extension and construct new extension with terrace above to North-East elevation. Construct extension to South-West elevation. Raise roof to extend first floor and install cladding to all elevations. Convert part of existing garage to form additional habitable accommodation and construct extension to North-West elevation.” at La Brecque, Le Mont de Rozel, St Martin,

Decision:

The Minister allowed the appeal in part in respect of the potential impact of the proposals on the reasonable amenity of neighbouring residents but dismissed the appeal, in the main, and refused to grant planning permission, reference P/2019/1138, for the following reasons: -

 

  1.               The submitted plans fail to demonstrate the degree to which the design, materials and finishes reflect or complement the style and traditions of local buildings. Accordingly, the proposals do not attain the high standard of design required and are, therefore, contrary to policies  SP7, GD1 and GD7 of the Adopted Island Plan 2011 (Revised 2014). 

 

  1.               The bulk and massing of the remodelled dwelling creates a flat fronted two storey dwelling, incorporating a large flat roofed expanse, which fails to respond to the strong vernacular context of this settlement and neither preserves nor enhances the setting of the Grade 1 Listed Rozel Harbour, Grade 3 Apple Cottage or Grade 3 Listed Rozel Barracks. The development is thereby contrary to policies SP4, HE1, GD7 and BE6 of the Adopted Island Plan 2011 (Revised 2014).

 

 

Reason for Decision:

The Minister gave full consideration to the assessment and recommendation of the Inspector as detailed in his report to the Minister and accepted the comments relating to the likely impact upon the amenities of nearby residents.

 

However, the Minister also considered that the form and design of the proposed development did not sufficiently respect or harmonise with the local context and that the proposal failed to achieve the high quality of design required by the policies of the Island Plan. In particular, the Minister considered that the impact of the proposals on the character and setting of nearby Listed structures would not be acceptable.

Resource Implications:

None.

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

 

 

 

Deputy John H Young

Position:

 

 

 

Minister for the Environment

Date Signed:

 

 

 

 

 

Date of Decision (If different from Date Signed):

 

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