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Archways - The Workshop, La Rue de la Ville au Neveu, St. Ouen: Planning Application (P/2015/0087): Appeal Decision

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 April 2016:

Decision Reference:    MD- PE- 2016 – 0067

Decision Summary Title:

Appeal Decision –The Workshop, Archways, La Rue de la Ville au Neveu, St Ouen (P/2015/0887)

Date of Decision Summary:

27 April 2016

Decision Summary Author:

Judicial Greffier

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

Report to the Minister for Planning and Environment

Date of Written Report:

14 April 2016

Written Report Author:

Graham Self MA MSc(Eng) Dip IC FRTPI

Written Report :

Public or Exempt?

 

Public

Subject:

Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a refusal to grant planning permission at The Workshop, Archways, La Rue de la Ville au Neveu, St Ouen (P/2015/0887).

Decision:

The Minister allowed the appeal in full. The Minister hereby grants permission to develop land under Article 116 of the Planning and Building (Jersey)  Law 2002;

 

In respect of the following development: change of use from commercial stores to 1 No. one bedroom unit and to re-clad the building;

 

To be carried out at The Workshop, Archways, La Rue de la Ville au Neveu, St Ouen.

 

This permission is granted subject to compliance with the following conditions and approved plan(s):

  1. The development shall commence within five years of the decision date.

Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. 

 

  1. The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission.

 Reason: To ensure that the development is carried out and completed in accordance with the details approved.

 

  1. Prior to first occupation of the development hereby approved, the environmental benefits of the scheme shall be delivered to the satisfaction of the Minister for the Environment, specifically:
    1. Soft landscaping to the south east elevation of the unit of accommodation;
    2. Rainwater harvesting and re-use in a greywater system for the unit of accommodation.

Reason: To ensure that the development delivers some environmental gains in accordance with NE7 of the Adopted Island Plan 2011 (Revised 2014).

 

Reason(s) for Decision:

The Minister considered the recommendation of the Inspector in his report dated 14 April 2016. However the Minister considered that the scheme would have a negligible effect on the landscape character of the Green Zone. The Minister is keen to ensure the optimum use of land already developed, and that where buildings are under-utilised, new uses should be encouraged to minimise the impact of new development on green field land. Whilst the Minister recognised the general presumption against new homes in the Green Zone, under these particular circumstances, the Minister considered that the re-use of this building for limited residential use was an acceptable exception to policy NE7 of the Island Plan 2011 (Revised 2014). 

Resource Implications:-

None

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

Deputy S Luce

Position:

Minister

Date Signed:

Date of Decision (If different from Date Signed): 27 April 2016

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