Government of Jersey

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.

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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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A decision made on 19 October 2009 regarding: Cliff House, La Rue au Moestre, St. Brelade - Refusal of Planning Permission.

Decision Reference: MD-PE-2009-0170			Application Number: P/2006/1103
Decision Summary Title :	Cliff House, La Rue au Moestre, , St. Brelade, ,		Date of Decision Summary:		19 October 2009
Decision Summary Author:	Andy Townsend		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		P Thorne
Written Report Title :	Planning and Environment Department Report		Date of Written Report:		16 October 2009
Written Report Author:	Andy Townsend		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Cliff House, La Rue au Moestre, , St. Brelade, , Construct 2 bed dwelling and double garage within grounds. AMENDED PLANS: New house design including alterations to size and layout, additional bedroom and parking above garage. FURTHER AMENDED PLANS - Alterations to the proposed building and site plus the submission of additional information.
Decision(s): Refuse Permission. The Minister considered the amended scheme and additional information submitted, together with a full report from the Department and representations made, at a meeting in public on 16 September 2009, and deferred a decision. Having considered all of the relevant issues the Minister has concluded that the scheme could not be approved for the reason set out below.
Reason(s) for Decision: The proposed development occupies the majority of the site, with limited outdoor amenity space and landscaping, and due to its scale and site coverage, is likely to appear as a cramped development, overbearing upon and resulting in a loss of privacy, to houses in Quai Bisson. It is considered that the proposals would have a detrimental impact upon the character and amenity of the area which is designated as a Potential Conservation Area. The proposals therefore fail to satisfy the requirements of Policies G2 (i, ii, iv, and vi,) (General Development Considerations), G3 (i, ii and iv) (Quality of Design), H8 (ii, iii, iv, vii, viii) (Housing Development Within the Built Up Area), and BE9 (Conservation Areas), of the Jersey Island Plan 2002. The site is narrow and steeply sloping, closely surrounded by other buildings and only accessible for construction and thereafter by a narrow lane with buildings close to its edge, many of them of considerable age. Due to the narrowness and steep gradient of the site, there is no space on site for the storage of materials and equipment during construction. The site is also within a Potential Conservation Area and a Tourist Destination Area, reflecting the area’s historic character and importance to the Island’s recreational and tourism facilities. It is considered that in these exceptional circumstances, due to the nature and position of the site, the scale of the building, the volume of material to be excavated and the lengthy and disruptive construction process, that the scheme is likely to have an unreasonably harmful impact upon the amenities of residents and the character of the area as a whole. It is therefore considered that the scheme fails to satisfy the requirements of Policies G2 (i, ii, vii, viii, x) (General Development Considerations), H8 (ii, iii, iv) (Housing Development Within the Built Up Area) and BE9 (Conservation Areas), of the Jersey Island Plan 2002.
Resource Implications: Potential first party appeal.
Action required: Issue formal refusal, notify Agent, Applicant and all other interested parties
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):