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High Gorse, Tower Road, St Helier: Planning application appeal

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 November 2016:

Decision Reference:    MD- PE- 2016 – 0146

Decision Summary Title:

Appeal Decision – High Gorse, part of Field No. 1534, Tower Road, St. Helier (PP/2016/0600)

Date of Decision Summary:

15 November 2016

Decision Summary Author:

Principal Planner (Policy)

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

R- Report to the Minister – High Gorse

Date of Written Report:

9 November 2016

Written Report Author:

Philip Staddon – Planning Inspector

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 High Gorse, part of Field No. 1534, Tower Road, St. Helier. (PP/2016/0600)

Decision:

The Minister allowed the appeal and hereby grants outline planning permission to develop land  under Article 116 of the Planning and Building (Jersey)  Law 2002 in respect of the following development ; “Construct 1 No. four bedroom dwelling. Fixed Matters: Design, Means of Access, Appearance, Siting. Reserved Matters: Landscaping”.

 

This permission is granted subject to compliance with the following conditions and approved plans:

Standard Conditions

A. The development shall commence within five years of the decision date or within 2 years of the approval of the final reserved matters, whichever is the later. 

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

 

B.  Application for the approval of Reserved Matters, as detailed in Condition C, shall be made before the expiration of three years from the date of this decision.

 Reason: To accord with Article 19(6) of the Planning and Building (Jersey) Law 2002.

 

C.  Approvals of the details of the landscaping of the site – hereinafter called the Reserved Matters – shall be obtained by application prior to any development commencing.

 Reason: To accord with Article 19(6) of the Planning and Building (Jersey) Law 2011.

 

 

Additional Conditions

  1. Prior to commencement on site of the development, hereby approved, full details are required of all the external materials to be used for the new unit of accommodation, including samples and colours. Details are also required of all the, window systems; rain water goods; roof materials; glazed stairwell structure; roof terrace surfacing & balustrading; driveway entrance & surfacing – to be submitted to and approved in writing by the Department of the Environment. Once approved, the external materials shall thereafter be implemented in full prior to first occupation, and retained and maintained as such thereafter.

 

Reason: To promote good design and to safeguard the character and appearance of the new building and surrounding area, in accordance with Policies GD1 and GD7 of the approved Island Plan 2011 (Revised 2014).

 

  1. No part of the development, hereby approved, shall be occupied until details of main foul sewer connection are submitted to and approved in writing by the Department of the Environment. Once drainage details are agreed, they shall be implemented in full and thereafter retained and maintained as such.

 

Reason: To ensure that the property has adequate foul drainage and in order to prevent any pollution of groundwater in accordance with Policy LWM2 of the Adopted Island Plan 2011 (Revised 2014). 

 

  1. No part of the development, hereby approved, shall be occupied until details of disposal of surface water and/or Sustainable Urban Drainage Solutions are submitted to and approved in writing by the Department of the Environment. Once disposal of surface water details are agreed, they shall be implemented in full and thereafter retained and maintained as such.

 

Reason: To ensure that the property has adequate foul drainage and in order to prevent any pollution of groundwater in accordance with Policy LWM3 of the Adopted Island Plan 2011 (Revised 2014). 

 

Approved Drawings:

1.Location Plan

2. Design Statement

3.Proposed Site Plan 983 002

4. Proposed Floor Plans 983 003

5.Proposed Elevations and Section 983 004

Reason(s) for Decision:

The Minister agrees with the recommendation of the Inspector as detailed within his   report dated 9 November 2016.

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):

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