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Howard Davis Park, La Route du Fort, St. Clement: Planning Application (P/2014/0186): Determination of Minister

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 July 2014:

Decision Reference:   MD-PE-2014 - 0050

Application Number:  P/2014/0186

(If applicable)

Decision Summary Title :

Howard Davis Park, St. Clements Road.

Date of Decision Summary:

9th June 2014

Decision Summary Author:

 

Trainee Planner

Rebecca Hampson

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Trainee Planner

Rebecca Hampson

Written Report

Title :

Planning Application P/2014/0186:

Widen existing vehicular access off La Route du Fort

Date of Written Report:

 

Written Report Author:

Rebecca Hampson

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Howard Davis Park, St. Clements Road, Jersey

 

Widen existing vehicular access off La Route du Fort.

 

Decision(s):

 

Following his Public Ministerial Meeting on 2nd May 2014 and subsequent Site Visit on 15th May, 2014, the Minister approved the application. In arriving at his decision, the Minister paid due respect to the case made out by the applicant, including amendments to the design of the proposed access gates, and to all consultation responses and representations received.  Also given due consideration was the Officer’s report and the relevant policies of the Jersey Island Plan, 2011.

 

Reason(s) for Decision:

The proposed development is considered to be acceptable having due regard all of the material considerations raised. In particular, the development has been assessed against Policy GD1 which prevents unreasonable harm to neighbour amenity or to the character of an area and Policy HE1 of the 2011 Island Plan, in which the preservation of the architectural and historic character and integrity of registered buildings and places is presumed. In this case, the proposed widening of the existing vehicle access and the creation of a new path with amendments to an existing, is regarded as acceptable because it does not have an adverse impact on the historic character of the entrance and is does not have an unreasonable impact on the surrounding area.

 

In addition, the representations raised to the scheme on the grounds of unacceptable impact on the character of the area, unacceptable lopping of the tree, unacceptable destruction of the entrance posts and unacceptable traffic disruption have been assessed.  However, it is considered that the amended proposal now accords with the terms of Policy GD1 and HE1 of the 2011 Island Plan, in that the work to the tree does not require planning consent, the entrance posts (which have been previously moved) are to rebuilt as they currently stand and the traffic will be managed and a banksman. 

 

1. Nothwithstanding the details on the approved plans, a part sample of the ironwork for the gates showing a finial and a junction shall be submitted to and approved in writing by the Minister for Planning and Environment.  

 

Reason: To ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the park under the provisions of Policy HE1 of the Jersey Island Plan 2011.

 

2.  Nothwithstanding the details on the approved plans, large scale  details of the pedestrian safety barrier, at a scale no less than 1:20, shall be submitted to and approved in writing by the Minister for Planning and Environment.  

 

Reason: To ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the park under the provisions of Policy HE1 of the Jersey Island Plan 2011.

 

3.  Nothwithstanding the details on the approved plans, the timber gates hereby approved shall be stained green in a shade to match the existing inner iron gates and maintained thereafter.

 

Reason: To ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the park under the provisions of Policy HE1 of the Jersey Island Plan 2011.

 

4. Notwithstanding the details on the approved plans, a landscaping scheme to ensure sufficient vegetation to the areas immediately adjacent to the new grass track, including new timber planters to provide a moveable barrier to the track, shall be submitted to and approved in writing by the Minister for Planning and Environment and, shall, thereafter be implemented within the first planting season following completion of the new access works.     Details of the planters shall be submitted for approval and implementation, thereafter, and these planters shall be retained in situ, with appropriate planting, until and unless their temporary removal is required for the facilitation of event access. Immediately following the event, the planters shall be re-instated.

 

Reason: To ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the park under the provisions of Policy HE1 of the Jersey Island Plan 2011.

 

5. Nothwithstanding the details on the approved plans, the two replacement trees which replace the existing evergreen oaks to the east and west of the roadside gates approved under this permission shall be semi mature oak trees (Quercus Robur).  This should be

carried out and completed in the first planting season following the completion of the development.

 

Reason: To ensure that the benefits of the approved trees are not delayed and consequently make an early contribution to the amenity of the site in the interest of sustaining the character and integrity of the park under the provisions of Policy HE1 of the Jersey Island Plan 2011.

 

6.  Nothwithstanding the details on the approved plans, large scale  details of the pedestrian safety barrier, at a scale no less than 1:20, shall be submitted to and approved in writing by the Minister for Planning and Environment.  

 

Reason: To ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the park under the provisions of Policy HE1 of the Jersey Island Plan 2011.

 

Resource Implications: NIL

 

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):

 

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