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Highcliff, La Rue de la Mare des Pre, St. John: Determination of Application: Revised Plans

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 15 August 2011 regarding:

Decision Reference:   MD-PE-2011-0077

Application Number:  RP/2009/1925

(If applicable)

Decision Summary Title :

Highcliff, La Rue de la Mare des Pres, St. John.

Date of Decision Summary:

9th August 2011

Decision Summary Author:

 

Peter Le Gresley - Director, Development Control

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Peter le Gresley – Director, Development Control

Written Report

Title :

 n/a

Date of Written Report:

n/a

Written Report Author:

n/a

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

n/a

Subject:  Highcliff, La Rue de la Mare des Pres, St. John.

 

Remove part of existing stable block. Construct extension to, and part conversion of, existing building to enlarge existing unit for dependant relative. REVISED PLANS: New doorway and window on facade.

 

Decision(s):

 

The Minister decided to agree to an alternative location for the residential accommodation originally approved under this application on 15th December 2009.  The Minister agreed that this accommodation could be constructed in a location 18 metres due north of the original position, as shown on new drawing reference 4912/BL03 Revision K.

 

Reason(s) for Decision:

 

The Minister was advised that the applicant had previously requested this change to the planning permission, so as to avoid the cost and trouble of demolishing and rebuilding a block of existing stables on which the extension would be located.  However, this request had been denied on the grounds that it fell outside the criteria for agreeing minor amendments set out within the department’s internal guidance note Circular no. 48 – Decision making Framework (January 2009).  The officers had also concluded that the changes to the proposal fundamentally altered the nature of the scheme from one of an extension to an existing residential unit to one of a separate residential unit.  This, it was felt, would have altered the policy position of the application under the 2002 (and 2011) Island Plan and the manner in which it had been determined.

 

The Minister took the view that the applicant could already implement his existing permission and then go on to build up to 30 square metres of additional stables to the north under the Planning and Building (General Development) (Jersey) Order, 2011.  Having considered the impact of such an action on the part of the applicant, the Minister decided that the net effect of the two options on the landscape would be same.  He also took the view that to force the applicant into a position where he had to demolish and then replace perfectly serviceable stables on the site would be wasteful in environmental resource terms and contrary to the spirit of the 2011 Island Plan, which seeks to minimise waste and demolition.

Resource Implications:

 

None

Action required:

 

Advise applicant of Minister’s decision in writing.

 

Signature:

 

PLeg / PT Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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