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Ville au Veslet, St Lawrence: Approval of planning permission

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 28 March 2012:

Decision Reference:   MD-PE-2012-0025 

Application Number:  P/2011/0183

(If applicable)

Decision Summary Title :

Ville au Veslet, Mont Isaac, , St. Lawrence, ,

Date of Decision Summary:

27 March 2012

Decision Summary Author:

 

Principal 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:

 

Written Report

Title :

P/2011/0183

Date of Written Report:

28 February 2012

Written Report Author:

Principal Planner

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  , Ville au Veslet, Mont Isaac, , St. Lawrence, ,

 

Construct extension to existing shed North-East and South-East elevation. REQUEST FOR RECONSIDERATION for refusal of planning permission.

 

Decision(s):

At the public Ministerial Meeting of 13 March 2012 the Minister considered the Department Report, and heard from the agent for the applicant.

 

The Minister deferred his formal decision until he had undertaken a site visit.

 

The Minister undertook the site visit on 19 March 2012, accompanied by an Officer, and was joined on site by the agent for the applicant.

 

Having considered the policies of the Jersey Island Plan and all material considerations, on 26th March 2012 the Minister decided to APPROVE the application, subject to the conditions and reasons set out below.

 

Reason(s) for Decision:

 

REASON FOR APPROVAL

Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received. The Minister considers that in accordance with Policies ERE6 and NE7 of the Jersey Island Plan 2011 the necessary justification has been provided, and the structure is appropriately located.

CONDITIONS and REASONS

1. The structure hereby approved shall be used solely for the purposes of storing agricultural machinery and under no circumstances should any non-agricultural machinery (including any related to, owned or operated by non-agricultural family businesses) be stored in the structure.

In accordance with Policy ERE6 the structure has been permitted only on the basis of an identified agricultural need.

2. Prior to the commencement of development a scheme to show the retained areas of outside storage shall be submitted to and approved in writing by the Minister for Planning and Environment. The scheme shall be implemented in full prior to first occupation of any element of the development hereby permitted, and retained in perpetuity thereafter. The scheme shall include provision for all elements of the agricultural and non-agricultural storage requirements of the businesses undertaken from the site, and shall not include any storage in Field 440A.

For the avoidance of doubt and in the interests of the character of the area generally, in accordance with Policy NE7 of the Jersey Island Plan 2011.

3. In the event that the agricultural building hereby approved falls into long-term disuse or disrepair it shall be removed from the site and the land restored to agricultural use.

 

These structures have been permitted because of a proven agricultural need. In the event of long-term disuse or disrepair the Minister for Planning and Environment will seek to ensure that the rural character of the area is protected by requiring these structures to be removedin accordance with Policy ERE 6 of the Island Plan, 2011.

 

4. A detailed proposal for the landscaping of the site, to include Field 440A, shall be included as part if the detailed planning application. This must include details of the number, species and location of both existing and proposed tree and shrubs. The drawings are to be supplemented with a programme of implementation with details of:
(a) the method to be taken to protect existing trees and shrubs;
(b) the method of planting to be adopted;
(c) the arrangements to be made for the maintenance of the landscaped areas.

To ensure that before development proceeds provision is made for a landscaping regime that will enhance the appearance of the development and help to assimilate it into the landscape , in accordance with Policy NE 7 of the Island Plan, 2011.

5. All planting and other operations comprised in the landscaping scheme approved under this permission, shall be carried out and completed in the first planting season following the commencement of the development.

To ensure that the benefits of the approved landscaping scheme are not delayed and consequently make an early contribution to the amenity of the site in the interest of sustaining and enhancing landscape quality, in accordance with Policy NE 7 of the Island Plan, 2011.

6. Any trees or plant(s) planted in accordance with the approved scheme, which within a period of five years from the planting taking place; die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the Minister for Planning and Environment gives written consent to a variation of the scheme.

To mitigate against the potential failure of trees and plants, and the extent to which that failure might threaten the success of the landscaping scheme, in accordance with Policy NE 7 of the Island Plan, 2011.

7. Before installation, details of any floodlighting/external lighting on the site must be submitted to and approved by the Minister for Planning and Environment.  This must include:
a)  The photometric data for the specified light fitting;
b)  A site plan showing the lux plot layout of all horizontal and vertical surfaces of the designed lighting layout across the site; and,
c)  A wall elevation/section showing the proposed mounting height and aiming position of each luminaire.

To ensure that the amenities of  neighbours and the area, are not harmed through light pollution, in accordance with Policy GD 1 of the 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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