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Bouley Bay Farm, La Rue de la Falaise, Trinity: Planning Application (P/2017/0648): 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.

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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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 February 23018:

Decision Reference:    MD- PE- 2018 – 0015

Decision Summary Title:

Appeal Decision – Land at Bouley Bay Farm, La Rue de la Falaise, Trinity (P/2017/0648)

Date of Decision Summary:

05 February 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 –  Bouley Bay Farm

Date of Written Report:

02 February 2018

Written Report Author:

Sue Bell MSc, BSc, FCIEEM, CEcol, CWEM, MCIWEM.

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  Bouley Bay Farm, La Rue de la Falaise, Trinity (P/2017/0648)

Decision:

The Minister dismissed the appeal under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; “Formation of new vehicular access and driveway onto La Rue de la Falaise. Alter existing vehicular access and driveway into pedestrian access” and refused planning permission for the following reasons:-

 

1         The submitted plans are inaccurate in that they state compliance with the approved drawings forming part of application P/2016/1161 with regard to the extent of development. These drawings do not however correspond to each other, either with regard to the extent of the residential area or the position of the new garage building. The submitted information is also inaccurate and misleading in that the proposed development illustrated on the site plan extends outside of the red line indicated on the location plan, the purpose of which is to show the area of the proposed development. The information provided is therefore misleading and not of an appropriate level or quality required by Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

  1. The site is located within the Green Zone which is given a high level of protection from development but within which certain forms of development are permissible. The development of a new driveway of this nature is not considered to be a minor development and is not therefore one of these exceptions. Furthermore the extent and form of the proposal would be prominent in the lane and within the site. It would constitute an unnecessary and creeping domestication within the Green Zone, damaging to the landscape character of the area and contrary to Policies GD1 and NE7 of the Adopted Island Plan 2011 (Revised 2014).

 

 

  1. The proposal would result in the loss of a significant area of roadside banking which would be damaging to the landscape character of this rural lane and contrary to Policies GD1 and NE4 of the Adopted Island Plan 2011 (Revised 2014).

 

  1. No information has been submitted to demonstrate that the existing site access arrangements serving the former farm group is a danger to traffic safety to justify its closure.

 

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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