Edgefield Shed & Greenacre, La Route de Vinchelez, St Ouen: RC/2011/0846: Removal of Planning Condition relating to Agricultural Occupancy

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 January 2012:

Decision Reference: MD-PE-2012-0003			Application Number: RC/2011/0846 (If applicable)
Decision Summary Title :	Edgefield Shed & Greenacre, La Route de Vinchelez, St. Ouen		Date of Decision Summary:		17 January 2012
Decision Summary Author:	Planning Appeals Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Department of the Environment Report		Date of Written Report:		17 January 2012
Written Report Author:	Planning Appeals Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Edgefield Shed & Greenacre, La Route de Vinchelez, St. Ouen. Removal of condition 1 (agricultural occupancy) from permit P/2008/1989. RE-ADVERTISED: Change of description.
Decision(s): To approve the removal of Condition 1 (agricultural occupancy) from permit P/2008/1989 The decision to approve has been delegated by the Minister to Planning Officers to determine following a Department Meeting on 23 January 2012.
Reason(s) for Decision: As outlined in the Department of the Environment Report, the proposed development is considered to be acceptable having due regard to all of the material considerations raised. In particular, the development has been assessed against Policy NE7 and GD1 of the 2011 Island Plan, in which there is a general presumption against development in the Green Zone. In this instance, although the proposed southernmost dwelling is unrelated to agricultural use, the Minister considers that there is sufficient justification to grant permission as an exception to Policy NE7 taking into account all the material considerations and circumstances of the case, to include: (i) the particular site context/location, to include the siting of the proposed dwelling in relation to existing development and the fact that this is a brownfield site; (ii) the fact that two dwellings on this site have already been approved under Permit P/2008/1989 and that in Island Plan policy and visual terms it follows that there is limited difference between allowing one open market dwelling and two open market dwellings; and (iii) on the basis of the pre-application discussions with the Department which were instrumental in the applicants decision to purchase the land and proceed with the P/2008/1989 application and subsequently this application. In addition, the representations raised to the scheme on the grounds that this is a development speculation and that a house is not needed in this location have been assessed. However, it is considered that due to the aforementioned reasons that the development is acceptable as an exception to policy and that the removal of Condition 1 will not impact on the character of the surrounding area and Green Zone.
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):