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Field 818, L'Avenue de la Reine Elizabeth II, St. Peter: Planning Appeal / Enforcement Notice

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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A decision made 21 December 2015:

Decision Reference:    MD- PE- 2015 – 0082

Decision Summary Title:

Appeal Decision – Field 818, L’Avenue de la Reine Elizabeth II, St Peter

Date of Decision Summary:

17 December 2015

Decision Summary Author:

Judicial Greffier

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

Report to the Minister for Planning and Environment

Date of Written Report:

22 November 2015

Written Report Author:

Graham Self MA MSc(Eng) Dip IC FRTPI

Written Report :

Public or Exempt?

 

Public

Subject:

Appeal under Article 109(1)(d) of the Planning and Building (Jersey) Law 2002 against the serving of an enforcement notice at Field 818, L’Avenue de la Reine Elizabeth II, St Peter.

Decision:

The Minister dismissed the appeal and varied the enforcement notice under Article 116(2) of the Planning and Building (Jersey) Law 2002, in the following way:

 

1. by deleting "L'Avenue de la Reine Elizabeth II" from the address specified in paragraph 2 of the notice, so that it reads "Field 818, St Peter";

2. by deleting from the allegation the words "loggia-type structure" and substituting: "timber framework structure";

3. by deleting from the allegation the words "siting of a pool and surround" and substituting: "constructing a pond and paved surround";

4. by deleting from the allegation the words "the changing of ground levels and associated siting of garden sleepers" and substituting: "the formation of raised areas edged by timber sleepers";

5. by deleting from the allegation the words "building and/or engineering operations" and substituting: "building, engineering or other operations";

6. by deleting from the requirements the words "all un-authorised  development" and substituting: "the unauthorised development described  in the allegation above";

7. by deleting "28 days" from the text specifying the period for compliance and substituting "six months".

Reason(s) for Decision:

The Minister agreed with the recommendation of the Inspector as detailed in his report dated 22 November 2015.

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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