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Magnetic and Printemps, La Route des Genets, St. Brelade: Planning Application 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 1 May 2018:

Decision Reference:    MD- PE- 2018 – 0043

Decision Summary Title:

Appeal Decision – Magnetic and Printemps, La Route des Genets, St Brelade (P/2017/1233)

Date of Decision Summary:

30th April  2018

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 – Magnetic and Printemps

Date of Written Report:

30th April 2018

Written Report Author:

Graham Self MA, MSc, FRTPI

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  Magnetic and Printemps, La Route des Genets, St Brelade (P/2017/1233)

Decision:

The Minister dismissed the appeal under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; “Construct 1 No. three bed dwelling with associated parking and landscaping to the gardens of Magnetic and Printemps.” and refused planning permission for the following reasons:

 

1. The proposed access arrangements would be unsatisfactory because occupiers of the dwelling at Printemps would be likely to suffer disturbance and loss of amenity arising from vehicle and pedestrian movement passing very close to the side of the dwelling and because safety hazards would be caused. Therefore, the proposal would not comply with Policy GD1 of the Island Plan.

 

2. The proposal would detract from the residential amenities of some neighbouring properties through loss of privacy and visual impact, and therefore would conflict with the aims of Policies GD1 and GD7 of the Island Plan.

 

Reason for Decision:

The Minister agreed with the recommendation of the Inspector.

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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