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Chateau Vermont, Le Mont Sohier, St Saviour, JE2 7HA: Appeal Decision P/2021/0772

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 June 2022

Decision Reference:  MD-ENV-2022-443

Public

Subject: Appeal Decision: P/2021/0772 (Chateau Vermont, Le Mont Sohier, St. Saviour, JE2 7HA)

 

Report Title: Appeal Decision: P/2021/0772 (Chateau Vermont, Le Mont Sohier, St. Saviour, JE2 7HA)

Public

Decision(s):

In line with the recommendations of the Independent Planning Inspector and in accordance with the provisions of Policy GD1 of the Bridging Island Plan, the Minister decided to dismiss an appeal in respect of development at the property known as Chateau Vermont, Le Mont Sohier, St. Saviour and vary the planning permission by deleting Condition 1 and imposing the following new additional conditions: -  1) The change of use shall not take place until a scheme of acoustic insulation to protect adjoining residential development from noise emanating from the lower ground floor has been submitted to and approved by the Chief Officer Officer responsible for planning. All works which form part of the scheme shall be completed in accordance with the approved details before the lower ground floor is occupied for the approved use and shall be retained thereafter.  2) The change of use shall not take place until a management plan relating to the use of the lower ground floor both on its own and as part of one cohesive music school has been submitted to and approved in writing by the Chief Officer responsible for planning. The measures which shall be contained in the management plan shall include restrictions on the hours of use and controls over the use of sound amplification equipment. The management plan shall be implemented as approved at all times thereafter.  3) The restriction imposed by Condition 4 of planning permission P/2008/1994 (which states that “there shall be no more than 12 weddings or other outside events in any 12-month rolling period and there shall be no more than 12 recitals or other indoor concerts in any 12-month rolling period”) shall in addition apply to the use of the lower ground floor either on its own or as part of one cohesive music school.  4) The development shall commence within 3 years of the date of the Ministerial Decision.

Reason for Decision(s):

In assessing planning appeals the Minister is required to consider the recommendations of the Independent Planning Inspector prior to making a decision.

Resource Implications: There are no new financial and/or manpower implications.

 

Action Required: Department to take necessary action.

Signature:

 

 

Signed By: Minister for the Environment

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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