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La Hougue Farm, La Route du Petit Port, St. Brelade: Planning Application (P/2012/0345): Modification of Planning Permission

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 28 March 2017:

Decision Reference: MD-PE-2017-0030

Application Number:  P/2012/0345

Decision Summary Title :

La Hougue Farm, La Route du Petit Port, St Brelade

Date of Decision Summary:

27/03/2017

Decision Summary Author:

 

Director (Development Control)

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Director (Development Control)

Written Report

Title :

 

Date of Written Report:

 

Written Report Author:

 

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: La Hougue Farm, La Route du Petit Port, St. Brelade, Jersey, JE3 8HH – Issue of Notice under Article 27 of the Planning and Building (Jersey) Law 2002 – to modify a planning permission.

 

Decision(s):

 

The Minister having taken note of complaints received in relation to the above development (under construction on site) decided to serve a ‘Notice of Modification’ in respect of the planning permission granted under reference P/2012/0345.

 

The Notice requires the planting of an evergreen hedge inside part of the western boundary of the site, subject to height and location requirements.

 

The Notice also specifies that permitted development rights currently enjoyed by the property, La Hougue Farm, in respect of the conversion of loft space to habitable use, are removed.

 

Reason(s) for Decision:

 

Having visited the site and the neighbouring property, and having taken into account all of the material considerations, including the particular circumstances of this case, it appears to the Minister that the measures taken are reasonably required to protect the residential amenity of the occupiers of the neighbouring property to the west of the site (Tramonto), in accordance with the provisions of policy GD1 of the 2011 Island Plan, (revised 2014).

 

Resource Implications:

 

Article 27 has a clause enabling a person to seek compensation in respect of actual loss.

 

Action required:

 

The Notice of Modification is to be served on the owners of La Hougue Farm and a copy placed on the public register.

 

Signature:

 

Position:

Minister for the Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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