Le Petit Menage, Belvedere Hill, St. Saviour: Determination of Planning Application (P/2008/2666)

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 September 2012:

Decision Reference: MD-PE-2012-0097			Application Number: P/2008/2666 (If applicable)
Decision Summary Title :	Le Petit Menage, Belvedere Hill, St. Saviour, JE2 7RP		Date of Decision Summary:		30 August 2012
Decision Summary Author:	Principal Planner		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 :	P/2008/2666		Date of Written Report:		30 August 2012
Written Report Author:	John Nicholson		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: , Le Petit Menage, Belvedere Hill, , St. Saviour, , JE2 7RP Form hard standing to create temporary staff car parking area to serve nursery.
Decision(s): The Minister, having considered the above planning application, and the Department Report, endorsed the recommendation to approve the application subject to the conditions within the Report.
Reason(s) for Decision: The proposed development is considered to be acceptable having considered all of the material considerations raised. In particular, the development has been assessed against policy NE7 of the 2011 Island Plan, and it is considered that on the basis of a temporary permission, with very limited physical works, and which concludes the present staffing and parent parking issues, this proposal is not considered to be unreasonable.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature: Deputy R C Duhamel		PLeg / AS Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

Le Petit Menage, Belvedere Hill, St. Saviour: Determination of Planning Application (P/2008/2666)

Applications No:P/2008/2666

Valid Date:

30/12/2008

Deadline Date:

31/03/2009

Address: Le Petit Menage, Belvedere Hill, St. Saviour, JE2 7RP.

Registered
Listed Building
Potential Listed Building
Potential Listed Building
Not Registered

Description of Work: Form hard standing to create temporary staff car parking area to serve nursery.

Zones/Listed: Proposed Site Of Special Int
Countryside Zone

Context
Site Description and Existing use	Site is within a clearing in a lightly wooded area, off the western side of the driveway leading to Acrewood Day nursery. The area is already informally used as a car park.
Proposal and Proposed Use	The application seeks planning permission to regularise the car parking use for 9 staff cars, for a temporary five year period. It also includes ‘light touch’ physical works (timber edgings, sleepers) to define and demarcate the areas. There would also be improvements to the parents parking at the front of the nursery building.
Policy Considerations	Green Zone Eastern Cycle Corridor
Relevant Planning History	P/2007/1927 – permission refused for similar permanent car park

Officer Analysis
Design (Form, size, scale, siting)	Site is already being used, and has been for a number of years. There is an on-going need for improved car parking to facilitate safe vehicle and pedestrian access to the main nursery, and this is being delivered by removing the staff cars to this satellite location. The area is probably the least sensitive element of the site, and does not contain any notable landscape features that would be lost by this development.
Architectural Detail and use of materials	The application doesn’t have any architectural input
Impact on Neighbours	The Druro Court residents association raised an objection on the basis of loss of Green Zone, but raise no specific concerns about the implications for their amenities. There are no direct relationships and suitable buffers of landscape and walls to avoid any unreasonable impacts.
Access, car parking and Highway considerations	The original approval for the nursery was made with an inadequate car parking layout. This application would improve the parking situation and lead to a safer arrangement at the front of the building.
Landscaping Issues	Planting is proposed to the northern boundary, to define the perimeter of the site and prevent encroachment into the field.

Other Material considerations	Required		Provided		Comments
	YES	NO	YES	NO
Percentage For Art		X
Contaminated Land		X
Archaeology		X
Waste Management		X
Foul Sewage Disposal		x

Other material considerations

Statutory Considerations
Statutory advertising period expired?	JEP Date Site Notice Cert Date Photo received/ok?	13/01/09	Comments
		05/01/09
		y
Summary of consultations	HET - 14 Jan 09 – no objection subject to restoration
Summary of Representations	Mr Chris Whitworth – 29 Jan 09 – objection, concerned with erosion of the Green Zone. Ms T Cotrel (Druro Court Residents Association\|) – objection, concerned with erosion of Green Zone.
Responses from applicants/ amendments/ Re-advertised?	N/A

Recommendation
Conclusion /Summary	This is a difficult application, dealing with the operational needs of a children day nursery, which is located in the Green Zone. The planning history illustrates the competing objectives. In relation to the policy framework, this application would fall to be considered as an exception outside the scope of Policy NE7, and on the basis of a temporary permission, with very limited physical works, and which concludes the present staffing and parent parking issues, this proposal is not considered to be unreasonable.
Recommendation	Approve
RFA (Reasons for Approval)	"The proposed development is considered to be acceptable having considered all of the material considerations raised. In particular, the development has been assessed against policy NE7 of the 2011 Island Plan, and it is considered that on the basis of a temporary permission, with very limited physical works, and which concludes the present staffing and parent parking issues, this proposal is not considered to be unreasonable.
Conditions	As DCR Compliance with details (within 6 months) Temporary permission (5 years from date of permit) following which land should be reinstated in accordance with a landscape scheme to be submitted to and approved in writing by the Minister before the expiry of the 5 year period. Staff only, not parents or sub-let to any other user Remove PD rights – specifically to include lighting
Reasons	As DCR
Site Visited	JN Various
Final Drawings (Log)	A: Location Plan B: Site Plan C: Proposed Staff Parking Space Plan D: Proposed Section Plan E: Proposed Parent Parking Space Plan F: Parking Plan
Planning Officer	JN
Recommendation Date	30 August 2012

Note: This sheet should be positioned under the DCR within the file. One set of the final drawings should be paper-clipped together in the wallet.

Endorsed by:

Date: