Fields MY249 and MY294-296, La Rue de la Hougue Mauger, St. Mary: Enforcement Notice Appeal Decision: ENF/2021/0001

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A decision made on 10 December 2021

Decision Reference: MD-PE-2021-0085			Enforcement Notice Reference: ENF/2021/00001
Decision Summary Title:	Enforcement Notice Appeal Decision – Fields MY249 and MY294-296 La Rue de la Hougue Mauger, St Mary		Date of Decision Summary:	28 November 2021
Decision Summary Author:	Principal Policy Planner – Strategic Policy, Planning & Performance		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Inspector’s Report- Fields MY249 and MY294-296		Date of Written Report:	14 November 2021
Written Report Author:	G Self - Planning Inspector		Written Report : Public or Exempt?	Public
Subject: Appeal under Article 109 of the Planning and Building (Jersey) Law 2002 against the serving of an enforcement notice (ENF/2020/00001) at Fields MY249 and MY294-296 La Rue de la Hougue Mauger, St Mary
Decision: The Minister dismissed the appeal and upheld the enforcement notice, referenced ENF/2021/00001, subject to the following variations: Paragraph 2, headed “This Notice relates to land at”: In each case after the words “attached plan”, insert the words “headed ‘Enforcement Notice Location Map – Field Identification’”. Paragraph 3, headed “The Matters which appear to constitute the Breach of Development Controls”: In each case after the words “attached plan”, insert the words “headed ‘Enforcement Notice Location Map – Field Identification’”. Paragraph 3.1: Delete the words “At the northern boundary of Fields MY294 and MY295” and substitute “At the northern end of the boundary between Fields MY 294 and 295”. Paragraph 3.2: In the fifth line, after the word ”hedgerow”, insert “and banque”. Paragraph 3.3: Delete the words “At the northern boundary of Fields MY296 and MY249” and substitute “At the northern end of the boundary between Fields MY296 and MY 249”. Paragraph 5 “Steps Required to Rectify the Breach”: Delete all the text after the heading and substitute the following: Step 1 Reinstate the previously removed banques as set out in 3.1, 3.2 and 3.3 above and as indicated by the red lines marked 3.1, 3.2 and 3.3 on the attached plan headed “Enforcement Notice Location Map – Removed Banques and Hegerows”, so that the dimensions of the reinstated banques are between 2.5 and 3.0 metres wide at the base of the banque and between 1.0 and 1.7 metre high at the top. The reinstated banques are to be made up of topsoil mixed with stones in a proportion suitable for growing shrub vegetation. Step 2 Plant the reinstated banques with hedgerow plants comprising 50% hawthorn (Cretaegus Monogyna) and 50% a mixture of Elder (Sambucus Nigra) and Blackthorn (Prunus Spinosa), so that the following requirements regarding the number and spacing of plants are met: -Along the reinstated banque between Fields MY295 and 296: at least 25 plants, placed at random intervals so that the plants are a minimum of 60 centimetres apart and there is no gap between plants greater than 10 metres. -Along the reinstated banques filling the gaps at the northern end of the boundary between Fields MY294 and MY295, and Fields MY296 and MY249: at least 3 plants placed at least 60 centimetres apart in each infilled gap. -All plants must be planted with a spiral guard shelter and stake with either a mulch mat or wood chip for protection. Step 3 Any plants which fail (ie die or become diseased) must be replaced with a similar plant in accordance with the requirements above. Paragraph 6 headed “Time Frame for Compliance”: Delete the heading and the text, and substitute: “Periods for Compliance: For Steps 1 and 2: 12 months. For Step 3: 24 Months.” List of Enclosures: Delete item number 4 (“Images from Field”).
Reason for Decision: The Minister agreed with the findings and recommendations of the Inspector.
Resource Implications: None.
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy J H Young		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):