La Moye Point, Le Chemin des Signaux, St. Brelade: Planning Application (P/2015/1682): Appeal Decision

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A decision made 10 October 2016:

Decision Reference: MD- PE- 2016 – 0131
Decision Summary Title:	Appeal Decision – La Moye Point, Le Chemin des Signaux, St. Brelade JE3 8LQ P/2015/1682		Date of Decision Summary:	05/10/2016
Decision Summary Author:	Principal Planner (Policy)		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Report to the Minister – Planning Appeal – La Moye Point		Date of Written Report:	01/10/2016
Written Report Author:	D.A.Hainsworth LL.B(Hons), FRSA, Solicitor		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 La Moye Point, Le Chemin des Signaux, St. Brelade JE3 8LQ. P/2015/1682
Decision: The Minister dismissed the appeal and a variation of the decision has been made. The Minister refused to grant permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; “Demolish existing dwelling and construct 1 No. five bed dwelling with integral one bed staff unit. Construct three car garage, swimming pool, pergolas, various terracing and associated landscaping” for the following reason: 1. The site lies within the designated Coastal National Park wherein there is the strongest presumption against all forms of new development. In the case of the redevelopment of an existing dwelling, involving demolition and replacement, an exception to Policy NE6 may only be permissible where the proposed new dwelling would not, inter alia, be larger in gross floor space, building footprint or visual impact than the building being replaced. In this instance, the proposals represent a substantial increase in gross floor space and building footprint from that of the existing dwelling and, accordingly, the proposal fails to satisfy the requirements of Policy NE6 of the 2011 Island Plan (revised 2014).
Reason(s) for Decision: The Minister gave full consideration to the assessment and recommendation of the Inspector as detailed within his report dated 01/10/2016 but considered that the proposed significant increase in gross floor space and building footprint was not justified by the potential environmental gains. The Minister noted that it is an explicit requirement of Policy NE6 (2.c) that demonstrable environmental gains, contributing to the repair and restoration of landscape character, are expected in all proposals involving the demolition and replacement of a dwelling within the Coastal National Park. In this respect, the delivery of environmental gain is not regarded by the Minister as constituting an exceptional circumstance that warrants a decision that would run counter to other explicit requirements of Policy NE6.
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):