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Windermere, La Rue des Platons, Trinity: Planning Application (P/2015/1837): 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.

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 15 August 2016:

Decision Reference:    MD- PE- 2016 – 0113

Decision Summary Title:

Appeal Decision – Windermere, La Rue des Platons, Trinity. JE3 5AA

P/2015/1837

Date of Decision Summary:

10 August 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 Minister -  Windermere

Date of Written Report:

10 August 2016

Written Report Author:

Philip Staddon, BSc, Dip, MBA, MRTPI

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 Windermere, La Rue des Platons, Trinity. JE3 5AA. P/2015/1837

Decision:

The Minister allowed the appeal in part and refused to grant permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; Construct extensions to South-west, North and East elevations. Raise roof to create first floor. Alter vehicular access onto La Rue des Platons. Various external alterations; all to be carried out at Windermere, La Rue des Platons, Trinity. JE3 5AA.

 

The reasons for refusal are as follows:

 

1 The proposals would, by virtue of their excessive scale, result in a very substantial increase in floorspace of the dwelling, which would facilitate a potential significant increase in residential occupancy. As such, the proposal conflicts with Policy NE 7 of The Adopted Island Plan 2011 (Revised 2014), which seeks to limit occupancy in the Green Zone to protect the environment and to support the principles of sustainable development.

 

2 The design of the proposals would, by virtue of their siting, excessive scale and form, add considerably to the visible bulk and massing of the dwelling house, in very close proximity to the north-west elevation of the adjacent property, La Geonniere, which contains a number of windows. This would represent an unduly dominant and overbearing built form, which would result in an unreasonable impact on the residential amenities of La Geonniere. As such, the proposal is contrary to policies GD 1 and GD 7 of The Adopted Island Plan 2011 (Revised 2014).

 

3 The design, excessive scale and proximity of the proposals, would result in an unduly imposing and harmful impact on the setting of La Geonniere, a Potential Listed Building. As such, the proposal will not preserve or enhance the setting of the Potential Listed Building and conflicts with Policy HE 1 and SP 4 of The Adopted Island Plan 2011 (Revised 2014).

 

Reason for Decision:

The Minister agrees with the recommendation of the Inspector as detailed within his report dated 10 August 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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