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Les Cascades, La Rue des Haies, Trinity: Determination of Planning Application

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 July 2011 regarding:

Decision Reference:  MD-PE-2011-0064 

Application Number:  P/2010/1904

(If applicable)

Decision Summary Title :

Les Cascades, La Rue des Haies, Trinity

Date of Decision Summary:

06.07.2011

Decision Summary Author:

 

Senior Planner

 - A Coates

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Les Cascades, La Rue des Haies, Trinity

Date of Written Report:

08.06.2011

Written Report Author:

Senior Planner

 - A Coates

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

 

Subject:  Les Cascades, La Rue des Haies, Trinity

RETROSPECTIVE: Relocate existing storage shed and oil tanks. Erect 20 No. chicken arcs. Form new access track.

 

Decision(s):

To APPROVE the application for the following reason:

 

Reason(s) for Decision:

 

The Minister for Planning and Environment considered that the proposed relocation and retention of sheds to serve the applicant’s chicken breeding interests was a use appropriate to the countryside. The applicant’s interest is of international renown and has helped promote the rural economy of Jersey.  The Minister was also mindful of the need to prevent cross-contamination of feedstuffs and bedding and accepted the case for a stand-alone shed away from the existing larger agricultural shed.

 

The Minister paid due regard to the personal medical circumstances of the applicant and took into account doctor’s advice that the applicant should not be subjected to any undue stress.

 

The Minister also took account of the consultation responses and representations received and of the provisions of the recently adopted Island Plan.

  The proposal is considered to be justified in terms of its contribution to the rural economy and the fact that it will not result in the permanent loss of good agricultural land. The sheds are considered to be essential to the proper functioning of the holding and will not be likely to result in an unreasonable or significant adverse impact upon the amenities of nearby residents.

For these reasons, the Minister considered that the proposal complies with the provisions of Policies SP1, GD1, ERE1, ERE6 and NE7 of the Jersey Island Plan, 2011, but considered that a temporary consent of 3 years was prudent in order to monitor the development.

 

The following condition is considered to be appropriate:

 

1.  The permission, hereby granted, shall enure for a period not exceeding 3 years, after which time, the sheds shall be removed in their entirety from Field 1327.

 

Reason

 

1. The sheds have been granted planning permission solely because of the personal circumstances of the occupier of the adjacent dwelling, Les Cascades.

 

Resource Implications:

There are no resource implications.

Action required:

Issue notification of the decision as appropriate.

Signature:

 

Senator F E Cohen

PLeg / PT Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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