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L'Emeraude, 4 Clos de la Ferme Rose, La Rue de la Pigeonniere, St. Brelade: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 March 2018:

Decision Reference:    MD- PE- 2018 – 0026

Decision Summary Title:

Appeal Decision – L’Emeraude, 4 Clos de la Ferme Rose, La Rue de la Pigeonniere St Brelade. (P/2017/0813)

Date of Decision Summary:

14 March 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 -  L’Emeraude

Date of Written Report:

Undated

Written Report Author:

Jonathan King BA(Hons), DipTP, MRTPI

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 L’Emeraude, 4 Clos de la Ferme Rose, La Rue de la Pigeonniere St Brelade. (P/2017/0813)

Decision:

The Minister allowed the appeal and hereby grants permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; “Change of use of land to residential use in connection with L’Emeraude. Construct swimming pool and pool house to west of property”.

 

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. 

 

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         Prior to commencement of the development hereby approved, a timescale for the implementation of the soft landscape works indicated on the approved plan shall be submitted to and approved in writing by the Department of the Environment. The works shall be carried out in full accordance with the approved plans and timescale and the landscaped areas shall thereafter be retained as such. If, within five years following planting, any tree or shrub dies, or becomes seriously damaged or diseased, it shall be replaced in the next planting season with another of a similar size and species or as otherwise approved in writing by the Department for the Environment.

           Reason: To safeguard the character and appearance of the area in accordance with Policies GD1, NE1, NE2, NE4 and NE7  of the Adopted Island Plan 2011 (Revised 2014).

 

Reason for Decision:

The Minister agrees 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):

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