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Heathlea, Le Petit Pont Marquet, St Brelade: (Planning Application P/2019/0314): 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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A decision made on 11 December 2019

Decision Reference:  MD-PE-2019-0103

Application Reference: P/2019/0314

Decision Summary Title:

Appeal Decision – Heathlea, Le Petit Pont Marquet, St Brelade

Date of Decision Summary:

21 November 2019

Decision Summary Author:

Principal Policy Planner – Strategic Policy, Planning & 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- Heathlea

Date of Written Report:

15 November 2019

 

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 grant planning permission for; “Raise roof to create first floor and construct single storey extension to South elevation.” at Heathlea, Le Petit Pont Marquet, St Brelade.

Decision:

The Assistant Minister dismissed the appeal and granted planning permission, reference P/2019/0314, subject to the following conditions:-

 

A. 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.

 

B. 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.

 

1. No part of the first floor of the development hereby approved shall be occupied until the proposed windows in the north and east elevations at first floor level are fitted with obscure glass as indicated on the approved drawings. Once implemented, the obscure glazing shall be retained as such thereafter.

Reason: To safeguard the amenities and privacy of the occupants of neighbouring properties to the east and north in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

2. Notwithstanding the requirements of condition 1, precise details of any window openings (and their opening mechanisms) within the first-floor window units on the east elevation shall be submitted to and approved in writing by the Department of Growth, Housing and the Environment.

Reason: To ensure that any opened window does not result in overlooking and loss of privacy to occupants of the neighbouring property to the east in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

3. The first floor west facing glazed door at the top of the external stairwell shall be fitted with obscure glass and retained as such thereafter.

Reason: To preserve the amenities and privacy for occupants of the neighbouring property to the west in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

4. No development shall commence until a scheme of landscaping has been submitted to and approved in writing by the Department of Growth, Housing and the Environment. The scheme shall include indications of all existing trees and hedgerows on the application site, identify those to be retained and set out measures for their protection throughout the course of development, along with new planting proposals.

Reason: To safeguard the character and appearance of the area in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

5. All planting, seeding or turfing set out in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is the sooner. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species.

Reason: To safeguard the character and appearance of the area in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

Reason for Decision:

The Assistant 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 G. Guida

Position:

 

 

 

 

Assistant Minister for the Environment

Date Signed:

 

 

 

 

 

Date of Decision (If different from Date Signed):

 

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