Government of Jersey

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (22/06/2009) regarding: Marina Hotel, Le Havre des Pas, St. Helier - amended plans for change of use.

Decision Reference: MD-PE-2009-0117			Application Number: P/2007/2136 (If applicable)
Decision Summary Title :	, Marina Hotel, Le Havre des Pas, , St. Helier, ,		Date of Decision Summary:		8 June 2009
Decision Summary Author:	Senior Planner		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 :	P/2007/2136		Date of Written Report:		8 June 2009
Written Report Author:	John Nicholson		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: , Marina Hotel, Le Havre des Pas, , St. Helier, , Change of use from hotel to lodging accommodation with various minor fenestration alterations. AMENDED PLANS: Change of use from hotel to 13 No. flats with restaurant at ground floor.
Decision(s): The Minister received the Department’s Report providing an up-date from the Ministerial Meeting of March 2008 and resolved to grant planning permission, subject to the conditions set out within the Department’s Report
Reason(s) for Decision: Permission has been granted, subject to the conditions specified in the Department’s Report, having taken into account the relevant policies of the Island Plan, together with other relevant policies and all other material considerations, including consultations and representations received.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

Marina Hotel, Le Havre des Pas, St. Helier - amended plans for change of use.

Planning and Environment Department Report

Up-date from Ministerial Meeting of March 2008

Application Number

P/2007/2136

Site Address	Marina Hotel, Le Havre des Pas, St. Helier.

Applicant	Mr G Mattioli Marina Hotel (1972) Limited

Description	Change of use from hotel to lodging accomodation with various minor fenestration alterations. AMENDED PLANS: Change of use from hotel to 13 No. flats with restaurant at ground floor.

Type	Planning

Date Validated	06/09/2007

Zones	Built-Up Area Town Map Area Action Area 9 Shoreline Zone

Policies	G2 –General Development Considerations

Summary/

Conclusion

This application was originally heard at the Ministerial Meeting of March 2008 (Report attached) when the application was deferred for further consideration in relation to the delivery of residential units without car parking.

In the interim, the applicant has revised the scheme to reduce the number of residential units, (now 13, originally 20) all of which are “reasonably spacious” and keep the ground floor as a restaurant.

The applicant has also made changes to the elevations, including introducing new windows throughout, and new balconies to lift the elevations.

A Percentage for Art offer has been confirmed, with the appointment of an Art Advisor, to enhance the main entrance.

The changes to the application were publicly readvertised and no new representations were received. A consultation response from the Fire Service indicated that the means of escape from the residential units was unacceptable. This is an internal issue which will be subject to further consideration at the Building Bye-Laws stage.

Although still deficient in car parking and amenity space, there are no opportunities for the situation to be improved and, on balance, the conversion of the property, with the indicated physical improvements, is considered to be an appropriate use.

Officer

Recommendation

APPROVAL

Conditions/

Reasons

1. The development hereby approved shall be carried out entirely in accordance with the plans and document approved under this permit. No variations shall be made without the written approval of the Minister for Planning and Environment.

To ensure that the development is carried out and completed in accordance with the details approved by the Minister for Planning and Environment.

2. Bins and other waste are only to be stored internally as shown on approved Plan F and only put out on collection days without blocking the pavement.

In the interests of the amenity of the area and to ensure provision of satisfactory service infrastructure, in accordance with Policy G2 and H8 of the Jersey Island Plan 2002.

3. Prior to the commencement of development details of the proposed external finishes (including new windows / doors, balustrades / render) are to be submitted to and approved in writing by the Minister for Planning and Environment and thereafter implemented prior to first occupation and maintained in perpetuity.

In the interests of the amenity of the area and to ensure compliance with Policy G3 of the Jersey Island Plan 2002.

4. A Percentage for Art contribution shall be delivered in accordance with the Outline Percentage for Art Statement as already submitted and agreed by the Minister for Planning and Environment. Prior to any works commencing on site, including any remedial works, a full and detailed Percentage for Art Statement must be submitted to the Minister for approval. The approved work of art must be installed prior to the first use/occupation of the development.

To ensure compliance with Policy BE12 of the Jersey Island Plan 2002

Background Papers

1:2500 Location Plan

Previous Department Report

Endorsed by:

Date:

8 June 2009