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Bouley Bay Developments: Public Inquiry: P/2021/0795 and P/2021/1195

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 October 2021

Decision Reference: MD-PE-2021-0057

Decision Summary Title:

Public Inquiry: P/2021/0795 & P/2021/1195 (Bouley Bay Developments)

Date of Decision Summary:

7 September 2021

Decision Summary Author:

Private Secretary

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Head of Development and Land

Written Report

Title:

N/A

Date of Written Report:

N/A

Written Report Author:

N/A

Written Report:

Public or Exempt?

N/A

Subject:

Public Inquiry: P/2021/0795 & P/2021/1195.

Decision(s):

The Minister decided:

  • Against determining the following planning applications until a Public Inquiry into the applications has been held; and
  • That the matters should be brought to the attention of the public of Jersey in due course, by way of a formal announcement, that a Public Inquiry is to be held.

 

P/2021/0795: Water's Edge Hotel & Complex, Les Charrieres de Boulay, Trinity

Demolish existing hotel and associated buildings. Construct 1 No. dwelling with guest accommodation, pool, pool house, tennis court, associated car parking, landscaping and separate staff accommodation. Construct dive centre and cafe/restaurant to North-East of site. Modify existing and create new vehicular and pedestrian accesses onto Les Charrières de Boulay. 3D Model available. AMENDED PLANS RECEIVED: Extinguish 2 accesses, and form a new single access. Re-site staff accommodation block and form external staircase.

 

P/2021/1195: Le Havre du Boulay, Les Charrieres de Boulay, Trinity

Construct temporary Dive Centre for Bouley Bay Dive Centre.

Reason(s) for Decision:

In accordance with Article 12(1)(a) of the Planning and Building (Jersey) Law 2002, as amended, the Minister is satisfied that, in the case of application P/2021/0795, the proposed development would be likely to have a significant effect on the interests of the whole or a substantial part of the population of Jersey.

 

In particular, the Minister is cognisant of the primary purposes of the Island Plan (revised 2014) policy which covers the Coastal National Park and the need to:

  • conserve and enhance its natural beauty, wildlife, and cultural heritage.
  • promote opportunities for understanding and enjoying its special qualities.

 

Bouley Bay is a special place for many islanders and is associated to historic cultural activities. The Minister wishes to examine the proposed development in terms of its delivery against the Park’s stated purposes.  Further, the Minister is mindful of the urgent and pressing housing need identified through the Objective Assessment of Housing Need (2018) and wishes to examine whether it is appropriate, in that context, to develop such a large site as a single residence relative to existing and emergent Island Plan policies.

 

The Minister considers that the associated application P/2021/1195 is closely related to the above-mentioned proposal and effectively forms part of the same overall development proposal.

 

It is the view of the Minister that both planning applications should be assessed together, so that a holistic decision may be taken.

Resource Implications:

There will be a financial cost of the inquiry which will be borne from within existing budgets.

Action required:

  1. Chief Officer to secure the services of an independent Planning Inspector to conduct the Public Inquiry;
  2. Upon appointing an Inspector, the Minister shall make a formal announcement as to the manner in which the public can engage with the Inquiry. (Media Release & letters to interested parties required); and
  3. The Department shall arrange an Inquiry website, email / postal address and administrative support for the Inspector.

Signature:

 

 

 

Deputy John Young

Position:

 

 

 

Minister for the Environment

Date Signed:

XX/09/2021

Date of Decision (If different from Date Signed):

 

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