Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

  • Choose the service you want to log in to:

  • gov.je

    Update your notification preferences

  • one.gov.je

    Access government services

  • CAESAR

    Clear goods through customs or claim relief

  • Talentlink

    View or update your States of Jersey job application

Field B978, La Route du Francfief, St. Brelade: Planning Application (P/2016/1401): 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 5 June 2017:

Decision Reference:    MD- PE- 2017 – 0050

Decision Summary Title:

Appeal Decision – Field B978, La Route du Francfief, St Brelade (P/2016/1401)

Date of Decision Summary:

01 June  2017

Decision Summary Author:

Principal Planner (Policy)

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 B978

Date of Written Report:

31 May 2017

Written Report Author:

P Staddon, BSc, Dip, MBA, MRTPI- Planning Inspector

Written Report :

Public or Exempt?

 

Public

Subject:

Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to grant planning permission at Field B978, L Route du Francfief, St Brelade (P/2016/1401)

Decision:

The Minister dismissed the appeal and a variation of the planning permission has been made.

The Minister hereby grants planning permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development (revised description); “ Proposed formation of all-weather equestrian riding area (including site levelling, compacted hardcore base with Activ-track topping within perimeter retaining boards and associated landscaping) for use as a dressage horse / rider warm up facility in connection with occasional ancillary dressage events at La Fontaine farm complex).

 

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

 

 

1.       The development shall commence within three 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 and the three year period reflects the Supplementary Planning Guidance: Practice Note - “Time limited planning permission” adopted by the Minister in April 2017. 

 

2.  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.

 

3.        This permission shall enure solely for the personal benefit of Mr and Mrs Leng.

 

Reason: the proposal and its intended use is specifically related to the Applicants’ equestrian activities and interests and has been assessed and determined on that basis. Its wider or differing use will require a separate Planning assessment.

 

4.      The application area is defined by the red line marked on the Location Plan and this permission does not authorise any development beyond this area.

 

Reason: for the avoidance of doubt and to define the terms of this planning permission.

 

5.      The remainder of Field B978 to the west of the proposed all-weather riding facility shall be retained in agricultural use at all times and shall not be used for vehicle parking or for any other purpose.

 

Reason: for the avoidance of doubt and to define the terms of this planning permission.

 

6.      The all-weather riding facility shall only be used between the hours of 9.00 a.m. and 5.00 p.m. on any day.

 

Reason: to preserve the amenities of occupiers of neighbouring properties in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014).

 

7.     The use of the all-weather riding facility as a ‘warm up’ area for horses in association with occasional dressage events held at La Fontaine shall not exceed 10 occurrences per annum and each occurrence shall not exceed 2 days (i.e. no more than 20 days use per annum). Furthermore, no more than one occurrence of warm up use shall take place in any one calendar month.

 

Reason: to define the terms of the development permitted and to preserve the amenities of occupiers of neighbouring properties in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014).

 

8.     No amplified music, loudspeaker or artificial lighting shall be installed within the application area.

 

Reason: to preserve the amenities of occupiers of neighbouring properties in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014).

 

9.      All proposed soft landscape works within the application area as indicated on the approved plan shall be implemented in the first planting season following the implementation of the all–weather riding area and the landscaping areas shall be thereafter maintained as such.

 

Reason: in the interests of the amenities of the area in accordance with Policies GD1 and NE 4 of the Adopted Island Plan 2011 (Revised 2014).

 

10.    Should the all-weather riding facility fall into disrepair or disuse (i.e. not being used for a period of 12 months or more) it shall be removed in its entirety (including all materials and hardcore sub-base) from the site and the land re-contoured and reinstated to its original state. Such reinstatement shall be completed within a period of 12 months following any formal written instruction for the undertaking of such works made by the Department of the Environment on behalf of the Minister.

 

Reason: in the interest of the amenities of the area in accordance with Policies GD1 and to

 

 

         enable the land to return to other agricultural uses in accordance with Policy ERE1 of the Adopted Island Plan 2011 (Revised 2014).

 

Reason for Decision:

The Minister agreed with the recommendation of the Inspector as detailed within his report.

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):

Our sites
Back to top
rating button