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Le Coin Farmhouse, La Route de St. Jean, St. Lawrence: Planning Application (P/2016/0299): 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 15 August 2016:

Decision Reference:    MD- PE- 2016 – 0112

Decision Summary Title:

Appeal Decision – Le Coin Farmhouse, La Route de St. Jean, St. Lawrence. JE3 1ND

P/2016/0299

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- Le Coin Farmhouse

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 refusal to grant planning permission at Le Coin Farmhouse, La Route de St. Jean, St. Lawrence. JE3 1ND. P/2016/0299

 

Decision:

The Minister dismissed the appeal and a variation of the decision has been made. The Minister refused to grant permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; Retrospective - Install flue to South elevation carried out at Le Coin Farmhouse, La Route de St. Jean, St. Lawrence. JE3 1ND for the following reason;

 

1. The position of the flue is in close proximity to the neighbouring property on the eastern side of the site leading to concerns of noise, fumes, gases and odours affecting the neighbouring property and causing unreasonable harm to the occupiers thereof, contrary to Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

 

Reason for Decision:

The Minister agreed 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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