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Field No. MN88, Le Mont de Rozel, St. Martin: Enforcement Appeal Decision ENF/2021/0004

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.

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A decision made on 10 December 2021

Decision Reference:  MD-PE-2021-0084

Enforcement Notice Reference: ENF/2021/00004

Decision Summary Title:

Enforcement Appeal Decision – Field No. MN88, Le Mont de Rozel, St Martin

Date of Decision Summary:

28 November 2021

Decision Summary Author:

Principal Policy Planner – Strategic Policy, Planning & Performance

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Inspector’s Report- Field No. MN88, Le Mont de Rozel, St Martin

Date of Written Report:

14 November 2021

 

Written Report Author:

G Self - Planning Inspector

Written Report :

Public or Exempt?

Public

Subject: Appeal under Article 109 of the Planning and Building (Jersey) Law 2002 against the serving of an enforcement notice (ENF/2020/00004) at Field No. MN88 and adjacent woodland, Le Mont de Rozel, St Martin

Decision:

The Minister dismissed the appeal and upheld the enforcement notice, referenced ENF/2021/00004, subject to the following variations:

 

  1. Paragraph 2:

In the line beginning: “Woodland…” delete the words “shaded in BLUE” and substitute “edged in blue”.

 

  1. Sub-paragraphs 3.1, 3.2, 3.3 and 3.5:

Insert the words “The erection of” at the start of the second sentence of each paragraph.

 

  1. Sub-paragraph 3.4:

Delete the first three lines and the first word on the fourth line (ie from the words “Field MN88” to “These structures amount” inclusive), and substitute: “Field MN88 and the woodland directly to the east of Field MN88 have outer boundary fence structures. The erection of these structures amounts…”.

 

  1. Sub-paragraph 5.1:

Delete the words “approximately marked 5.1 on the attached plan”.

 

  1. Sub-paragraphs 5.2 to 5.5 inclusive:

Delete the last sentence starting “The approximate location….”.

 

  1. Paragraph 6:

Delete the text after the words “Time for Compliance” and substitute “90 days”.

 

  1. List of Enclosures:

Delete items numbered 2 and 3, and substitute as item number 2: “Aerial Images for Field MN88 and Woodland to the East (various dates from 2014-2020)”.

 

  1. Informative:

Delete the word “enforcement” in the second line, so that the text of the Informative reads: ”Any other item or issue not specified in this enforcement notice may be the subject of a separate notice.”

 

  1. Delete the plan titled “Enforcement Notice Location Plan for Field MN88 and Woodland to the East / Location Plan”.

 

Reason for Decision:

The Minister agreed with the findings and recommendations of the Inspector.

 

Resource Implications:

None.

Action required:

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

 

Signature:

 

 

 

Deputy J H Young

Position:

 

 

 

Minister for the Environment

Date Signed:

 

 

 

 

Date of Decision (If different from Date Signed):

 

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