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Beauchamp Farm, La Rue des Fontaines, St. Martin: Planning Application (P/2012/0639): Re-consideration 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

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Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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A decision made 29 April 2013:

Decision Reference:   MD-PE-2013-0045

Application Number:  P/2012/0639

(If applicable)

Decision Summary Title :

Beauchamp Farm, La Rue des Fontaines, St Martin, Jersey, JE3 6EF

Date of Decision Summary:

22/04/2013

Decision Summary Author:

 

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:

Planner

Written Report

Title :

Officer Report – P/2012/0639

Date of Written Report:

14/02/2013 (most recent Dept. report)

Written Report Author:

Planner

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Beauchamp Farm, La Rue des Fontaines, St Martin, Jersey, JE3 6EF

 

Application Description:

 

“Request for Reconsideration of refusal of planning permission: Demolish existing commercial buildings. Construct 1 No. dwelling”.

 

Decision(s):

The Minister maintained the decision of the Department to refuse the above application.

 

Reason(s) for Decision:

Having regard for all of the relevant considerations (including the applicant’s submissions and Department report), and having undertaken a site visit, the Minister is not prepared to grant Planning Permission for the proposed development.

 

This is a Request for Reconsideration of the original decision to refuse planning permission.

 

One of the original reasons for refusal was that the applicants had not fully considered the possibility of the site being adapted and re-used for alternative employment purposes. Having visited the site, and considered the matter, the Minister is satisfied that the site has very limited potential to be re-used for employment purposes. Accordingly, the Minister is not unduly concerned at the loss of ‘employment land’ per se.

 

However, the Minister does not accept the arguments put forward in support of the construction of a new house in place of the existing sheds as he does not believe that this will result in a sufficient degree of environmental enhancement as required by Green Zone policy.

 

The Minister has indicated that he would be minded to accept the removal of the existing sheds and for this part of the site to be restored to a natural condition, should the applicants wish for this to occur. In addition, he has indicated that he would consider the possibility of part of the adjacent Beauchamp Farm site (which has already been approved for redevelopment into three dwellings) to be redeveloped in an alternative manner in order to accommodate an additional dwelling unit, but only if the removal of the sheds can be delivered first.

 

Accordingly, Reason 2 – which was included within the original Decision Notice (and which related to the loss of employment land) – is to be removed. The amended Decision Notice will refer to just Reason 1 as follows;

 

  1. The site is located within the Green Zone wherein there is a presumption against all forms of development for whatever purpose.Whilst there is the potential under paragraph c) of Policy NE 7 to allow the redevelopment of commercial sites as an exception to policy where it can be demonstrated that such redevelopment would give rise to demonstrable environmental gains and make a positive contribution to the repair and restoration of the landscape character, in this particular instance, paragraph b) states that the demolition and replacement (of modern agricultural buildings) with a new building for another use will not be permitted. Accordingly, the proposal is contrary to Policy NE 7 of the Adopted Island Plan 2011.

 

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):

 

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