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St. Martin's School & Playing Field 327A, La Rue de la Croix au Maitre, St. Martin: Planning Application (P/2012/0833): Determined by 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

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 March 2013:

Decision Reference:   MD-PE-2013-0035

Application Number:  P/2012/0833

(If applicable)

Decision Summary Title :

St. Martins School & Playing Field (Field 327A), La Rue de la Croix au Maitre, St. Martin, Jersey, JE3 6HW

Date of Decision Summary:

22/03/2013

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:

n/a

Written Report

Title :

Officer Report – P/2012/0833

Date of Written Report:

29/10/2012

Written Report Author:

Planner

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: St. Martins School & Playing Field (Field 327A), La Rue de la Croix au Maitre, , St. Martin, Jersey, JE3 6HW

 

Construct new school with playing fields, new vehicular access & electricity sub station.

 

Decision(s):

The Minister has agreed to release the Permit for the above application without the need for a formal Planning Obligation to be signed in respect of the matters outlined below under ‘Reason(s) for Decision’.

 

The required highways improvements will be covered by the following ‘Grampian Condition’:

 

  1. Prior to the commencement of the development hereby approved, a schedule of works relating to the carrying out of the alterations to the public highway (La Rue de la Croix au Maitre) and the parish car park (as shown in approved plans 10219:55 rev. A and 10219:57), must be submitted to, and approved in writing by, the Minister for Planning and Environment. Such a programme must include a timetable for the implementation and undertaking of these works. For the avoidance of doubt these highway works must be completed, to the satisfaction of the Minister for Transport and Technical Services, prior to the first occupation of the school.

 

REASON: To ensure that before development commences and proceeds, provision is made for the carrying out and completion of the necessary highway improvements, in accordance with Policy GD 1 of the Jersey Island Plan, 2011.

 

The issue of parking provision will be covered by the following condition.

 

  1. For the avoidance of doubt, in accordance with the submitted and approved Design Statement, the Parish car park will be made available for the use of school staff as well as the parents of school pupils.

 

REASON: To ensure the long term provision of adequate parking for the new development, in accordance with Policy GD 1 of the Jersey Island Plan, 2011.

 

Reason(s) for Decision:

The Minister considered this application at a public Ministerial Meeting on 09/11/2012. At that meeting he resolved to approve the application subject to a number of conditions as well as a Planning Obligation Agreement (POA) covering two matters. These matters were 1.) securing the delivering of the necessary off-site highway / pedestrian safety improvements, and 2.) providing for the use of the new school sports facilities for wider community use (including St Martin’s Football Club) when not required by the school. The Minister also required that a formal written agreement be put in place to enable the use of the Parish car park by the school.

 

The POA was to be agreed and signed prior to the release of the Decision Notice.

 

Having engaged in further discussions with the applicant and the Law Officers, it is considered that it would be more appropriate to deal with item 1. by way of a ‘Grampian Condition’ and that item 2. is adequately covered by separate Education, Sport and Culture (ESC) provisions which already provide a framework for the community use of education facilities.

 

In respect of the use of the car park, it is considered that, because the Parish is now a formal signatory to the application (having signed up as a co-applicant following the original submission of the application), it is bound by the conditions and requirements of the application. The submitted Design Statement (which will be approved as part of the application) makes it clear that school staff and the parents of pupils will be permitted to use the Parish Car Park. An additional condition will be included to make this clear.

 

In summary, the Minister has confirmed that a POA is no longer required and the Permit can now be released.

 

Resource Implications:

None

 

Action required:

 

Release Planning Permit. Notify Agent, Applicant and all other interested parties

 

Signature:

 

 

Deputy R C Duhamel

PLeg / AS Initials

Position:

Minister for Planning and Environment

 

Date Signed: 22/03/2012

 

Date of Decision (If different from Date Signed):

 

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