Planning Application Appeal: Parasol, Tabor Heights, St Brelade

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A decision made on 27 April 2016:

Decision Reference: MD- PE- 2016 – 0068
Decision Summary Title:	Appeal Decision – Parasol, Tabor Heights, St Brelade (P/2015/1406)		Date of Decision Summary:	27 April 2016
Decision Summary Author:	Judicial Greffier		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Report to the Minister for Planning and Environment		Date of Written Report:	14 April 2016
Written Report Author:	Graham Self MA MSc(Eng) Dip IC FRTPI		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 Parasol, Tabor Heights, St Brelade (P/2015/1406).
Decision: The Minister allowed the appeal in part, such that he refused to grant permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002, in respect of balcony over the ground floor extension at Parasol, Tabor Heights, St Brelade. The Minister granted retrospective permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002, in respect of ground floor extension to South West elevation at Parasol, Tabor Heights, St Brelade. This permission is granted subject to compliance with the following conditions and approved plan(s): The development hereby approved shall be carried out in accordance with the drawings which accompanied planning application number P/2015/1406, except for any references to a balcony on those drawings or elsewhere in documents relating to the application. Reason: To ensure that the development is carried out and completed in accordance with the details approved. The roof of the extension shall not be used at any time as a balcony; that is to say it shall not be used by any person standing, moving, sitting or lying down, other than for the purposes of maintenance or repair which shall be subject to Condition (3) below. Reason: To protect the residential amenity of the neighbouring properties in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). Before any person goes onto the roof of the extension for the purpose of carrying out maintenance or repair, not less than 24 hours notice shall be given in writing to the current occupier(s) of the neighbouring property, Shanzu. The notice shall describe the nature of the work it is proposed to carry out and the intended period of time needed for it. Reason: To protect the residential amenity of the neighbouring properties in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). No balustrade, railing or other such erection shall be placed on the roof of the extension hereby permitted. Reason: To ensure that the roof is not used as a balcony and to protect the residential amenity of the neighbouring properties in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). Within 3 months of the date of this permission, railings or similar permanent barrier not less than 1 metre in height shall be installed between the side supporting walls outside the main bedroom window at Parasol. The barrier shall be a permanent fixture designed to prevent access through it to the roof of the extension hereby permitted, with no hinged, sliding, removable or other such opening. The barrier shall be positioned so that the area it encloses next to the bedroom does not extend beyond the area covered by the main house roof. Reason: To ensure that the roof is not used as a balcony and to protect the residential amenity of the neighbouring properties in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014). In the event that any part of Condition (5) above is not complied with during the 3 month period specified, the extension hereby retrospectively permitted shall be demolished within 1 month of the failure to comply and all resulting materials and rubble shall be removed from the site. Reason: To ensure that the roof is not used as a balcony and to protect the residential amenity of the neighbouring properties in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).
Reason(s) for Decision: The Minister agrees with the recommendation of the Inspector as detailed within their report dated 14 April 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): 27 April 2016