Field No. 622, La Rue de la Croute, St. Ouen: Planning Application (P/2013/1717): Determination by Minister

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A decision made 27 August 2013:

Decision Reference: MD-PE-2013-0095

Application Number: P/2010/1717

(If applicable)

Decision Summary Title :

Field No. 622, La Rue de la Croute, St. Ouen, Jersey, JE3 2GG

Date of Decision Summary:

20 August 2013

Decision Summary Author:

Senior Planner

Alistair Coates

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Person Giving

Oral Report:

Written Report

Title :

Inspector’s Report into Public Inquiry

Date of Written Report:

7th August 2013

Written Report Author:

Mr David Bushby

Independent Planning Inspector

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Field No. 622, La Rue de la Croute, , St. Ouen, Jersey, JE3 2GG

Construct 19 No. sheltered accommodation units, communal building and new vehicular access.

Decision(s):

Following a Public Inquiry held by an independent Planning Inspector, Mr D Bushby, the Minister has now considered the Inspector’s Report and agrees with his findings.

Accordingly, the Minister has resolved to REFUSE the planning application for the following reasons:

1. The proposal would result in the erection of 19 dwellings and community building within the designated Green Zone wherein there is a general presumption against all forms of new development. Such development without any rigorous evidence of a demonstrable essential need or a comprehensive Village Plan that has been out to public consultation, is considered to represent a substantial departure from Policies NE7 and SP1 of the Jersey Island Plan, 2011.

2. The Minister has recently commenced a review of the 2011 Island Plan in respect of potential housing site designations. The Minister considers that it would be premature, and prejudicial to that review, to release Field 622 for any form of housing development prior to the conclusion of that review.

Reason(s) for Decision:

In reaching his decision, the Minister paid special regard to the Independent Inspector’s Report and recommendations into the Public Inquiry which was held over the days of 2 – 4 July 2013. The Minister also gave due considerations to the representations and consultations received on the planning application and subsequent Inquiry.

The Minister originally called for the Public Inquiry as he considered that the proposal to construct 19 units of sheltered accommodation in the Green Zone constituted a substantial departure from Policy SP1 and NE7 of the 2011 Island Plan. Article 19 (3) of the Planning and Building (Jersey) Law 2002 states that the Minister may grant planning permission that is inconsistent with the Island Plan but shall not do so unless he is satisfied that there is sufficient justification for doing so.

In this instance, the Minister called for the Public Inquiry in order to test that justification.

Following receipt and consideration of the Inspector’s Report, the Minister concurs with the findings; namely that there is insufficient justification to warrant a departure from the established policies of the Island Plan. A rigorous examination of potential alternative sites in or around the village of St Ouen was not conducted and tangible evidence of the level of need for sheltered housing both in St Ouen and neighbouring parishes was not forthcoming. The Parish of St Ouen should have pursued any proposal for new housing through the preparation of a Village Plan, as encouraged by Proposal 15 of the Island Plan.

The fact remains that Field 622 is in the Green Zone and that sufficient justification does not exist to override the presumption against all forms of development within that Zone, as stated in Policy NE7 of the Island Plan.

Resource Implications:

Nil, unless an appeal is lodged.

Action required:

Notify Agent, Applicant and all other interested parties

Signature:

Deputy R C Duhamel

PLeg / AS Initials

Position:

Minister for Planning and Environment

Date Signed:

Date of Decision (If different from Date Signed):