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Field J796, La Rue de la Mare des Pres, St. John: Planning Application (P/2017/0934): 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 13 March 2018:

Decision Reference:    MD- PE- 2018 – 0025

Decision Summary Title:

Appeal Decision – Field J796, La Rue de la Mare des Pres, St John (P/2017/0934)

Date of Decision Summary:

12 March 2018

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- Field J796

Date of Written Report:

Undated

Written Report Author:

Jonathan King BA(Hons), DipTP, 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 grant planning permission at Field J796, La Rue de la Mare des Pres, St John (P/2017/0934) for the following development: “Construction of 3 storage units to south west corner of site”.

Decision:

The Minister dismissed the appeal and granted permission, subject to the following conditions:

 

  1. The development shall commence within three years of the decision date.

Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. 

 

      2.  The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission.

 Reason: To ensure that the development is carried out and completed in accordance with the details approved.

 

      3.  No materials, goods, plant, machinery, equipment, skips, crates, containers, waste or any other item, shall be placed, stacked, deposited or stored outside the building on the site. For the avoidance of doubt, no outside storage of vehicles or boats shall take place unless authorised by a separate planning permission. The temporary parking of vehicles shall be limited to those visiting the storage facility hereby permitted.

Reason: In the interests of the appearance of the site and the amenities of the area, in accordance with Policies GD1 and NE7 of the Adopted Island Plan 2011 (Revised 2014).

 

 

 

4.  The use hereby permitted shall be for the storage of goods only and no manufacturing or other processes shall take place on these premises.

      Reason: To control the use of the site in order to protect the appearance of the site and the amenities of the area, in accordance with Policies GD1 and NE7 of the Adopted Island Plan 2011 (Revised 2014).

     5.  The findings and required mitigation measures outlined in the Initial Ecological Assessment (Addendum dated 25 September 2017) shall be implemented prior to the commencement of development (where applicable) and thereafter retained as such. Any variations that may be required as a result of findings on site are to be agreed in writing by the Department of the Environment prior to works being undertaken.

Reason: To ensure the protection of all protected species in accordance with Policies NE1, NE2 and NE4 of the Adopted Island Plan 2011 (Revised 2014).

 

Reason for Decision:

The Minister agreed with the recommendation of the Inspector.

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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