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Maison de Ville, Upper Clarendon Road, St. Helier: Planning Application (P/2014/1708): 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 July 2016:

Decision Reference:  MD-PE-2016-0106

Decision Summary Title :

Appeal Decision – Maison De Ville, Upper Clarendon Road, St Helier, JE2 3ZL

Date of Decision Summary:

20 July 2016

Decision Summary Author:

 

Judicial Greffier

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Report to the Minister for Planning and Environment

Date of Written Report:

5 July 2016

Written Report Author:

David Hainsworth LL.B (Hons) FRSA Solicitor

 

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

 

Public

Subject:

Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a refusal to grant planning permission at Maison De Ville, Upper Clarendon Road, St Helier, JE2 3ZL (P/2014/1708)

Decision:

The Minister dismissed the appeal under Article 116 of the Planning and Building (Jersey) Law 2002; The original decision of the Chief Officer dated 20 August 2015 is maintained.

 

Reason(s) for Decision:

The Minister agreed with the recommendation of the Inspector as detailed within his report dated 5 July 2016.

 

In particular, the Minister raised the following concerns in respect of the planning application as submitted:-

i)     A lack of clarity as to the qualifying factors that residents would have to meet and lack of definition of ‘care’ or ‘need of care’.

 

ii)  A lack of a clear strategy to manage travel and parking provision and any drop-off / pick-up points for the nursey. There is no clear pedestrian travel plan for residents to walk safely into town, across Rouge Bouillon.

 

iii) The proposals would unreasonably harm the amenities of residents in the properties immediately south of the site.

iv)    The proposed large expanse of flat roof misses an opportunity to incorporate a roof garden for use by the residents and staff, or to incorporate a sustainable green roof solution.

 

v)  The proposals do not serve to maintain and strengthen the landscape setting and character of the Green Backdrop Zone.

 

Resource Implications:

None

 

Action required:

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

 

Signature:

 

Position:

Minister for Environment

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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