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Ferryspeed Trailer Park, Elizabeth Terminal: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 7 January 2013. (Note: The written report for this Decision is incorporated within the Decision)

Decision Reference:   MD-PE-2013 -05

Application Number:  P/2011/0046

(If applicable)

Decision Summary Title :

Trailer Park, Elizabeth Terminal, Elizabeth Harbour, , St. Helier, ,

Date of Decision Summary:

21 December 2012

Decision Summary Author:

 

Principal 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:

 

Written Report

Title :

P/2011/0046

Date of Written Report:

2 October 2012

Written Report Author:

Principal Planner

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Trailer Park, Elizabeth Terminal, Elizabeth Harbour, St. Helier - demolition of temporary buildings and construction of new warehouse.

 

Decision(s):

Demolish existing temporary buildings. Construct new warehouse with adjacent canopy and parking. Alter roads to Elizabeth Terminal to provide additional trailer parking, and all associated works. Separate freight and public traffic at entrance to Elizabeth Terminal area. (Model Available). REVISED PLANS: Amended building form.

 

At the public Ministerial Meeting of 12 October 2012 the Minister deferred his decision on the subject application to allow the applicant to consider revising the proposals in the manner discussed during the meeting (being to enable the western eaves of the lower warehouse to sit below the height of the boundary wall to Harbour Reach) and for the applicant to liaise with the occupier of No. 1 Harbour Reach or her agent.

 

Since that time, the applicant has produced sketches of the relevant revisions, and has confirmed they are amenable to also reducing the eastern eaves by the same amount. Copies of the same information was forwarded to the relevant occupier, who has responded, re-stating their concerns.

 

The Minister has also requested a scaffold profile be erected to show the highest north-eastern corner of the lower warehouse, and attended on an accompanied site visit on 20 November 2012 to view the site and profile from No. 1 Harbour Reach.

 

In the context of the above, the Minister has resolved to give delegated authority to the Director of Development Control to APPROVE the application, with conditions as set out in the Department Report dated 2 October 2012, subject to receipt from the applicant within 3 months of the date of this Ministerial Decision showing:

 

1. the whole of the roof plane of the lower warehouse reduced by 370mm, so resulting in a               western eaves of 14.43m AOD and an eastern eaves of 16.43m AOD.

and

2. the lower warehouse extended by one bay southwards (7m), so that the height of the               northern-most bay of the higher warehouse is reduced to that of the lower warehouse;

 

Alternatively, if the revised drawings as specified above are not received within 3 months the Minister gives delegated authority to the Director of Planning to REFUSE the application due to the unreasonable adverse impact on the amenities of residents at Harbour Reach from the scale and proximity of the warehouse, and the failure to comply with Policy GD1(3) of the Jersey Island Plan 2011.

 

Reason(s) for Decision:

 

(in its revised form as set out above)

 

The proposed development is considered to be acceptable having due regard to the policies with the Jersey Island Plan 2011 and all of the material considerations raised.

 

In addition, the representations raised to the scheme on the grounds of impact on residential amenity have been assessed, the Minister has viewed the application site from the perspective of the objectors, and required a scaffold profile. The Minister considers that the proposal accords with the terms of Policy TT15, GD1, GD7 and EIW2 of the 2011 Island Plan, and considers that it does not cause serious harm to nearby residential amenities. The physical arrangements are such that there will be no issues of overlooking or loss of privacy, there are no overbearing relationships, and very limited risk of overshadowing or loss of light. The proposed arrangements limit the risk of other environmental impacts, which also be controlled by conditions (as recommended by consultees). In coming to this conclusion it is noted that, in particular, the site is already in an operational harbours use as a trailer park, the height of the development has been reduced to an appropriate level, the outlook from Harbour Reach is generally onto an alternative primary aspect, and where there is a direct primary relationship the impacts do not cause serious harm. In addition, the application facilitates wider benefits, both directly in relation to inter-quay traffic movements and the reorganisation of Elizabeth Terminal, plus indirectly in relation to operational benefits on New North Quay.

 

Resource Implications:

 

None

 

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

Deputy R C Duhamel

PLeg / AS Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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