Units 12 and 13, Le Capelain House, Castle Quay, St. Helier: Planning Application (P/2015/1365): Appeal Decision

Information about the publication of Ministerial Decisions

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 1 July 2016:

Decision Reference: MD- PE- 2016-0091
Decision Summary Title:	Appeal Decision – P/2015/1365 Units 12 and 13, Le Capelain House, Castle Quay, La Rue de l'Etau, St Helier, JE2 3EB		Date of Decision Summary:	01 July 2016
Decision Summary Author:	Judicial Greffier		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n\a
Written Report Title:	Report to the Minister for Planning and Environment		Date of Written Report:	13 June 2016
Written Report Author:	David 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 Units 12 and 13, Le Capelain House, Castle Quay, La Rue de l'Etau, St Helier, JE2 3EB (P/2015/1365)
Decision: The Minister allowed the appeal in full and granted permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002; In respect of the following development: Change of use from offices to a health and fitness suite, to be carried out at Units 12 and 13, Le Capelain House, Castle Quay, La Rue de l'Etau, St Helier, JE2 3EB. This permission is granted subject to compliance with the following conditions and approved plan(s): 1. The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission. Reason: To ensure that the development is carried out and completed in accordance with the details approved. 2. The Units shall be used as a health and fitness suite providing services relating to behavioural health, well-being, nutrition and fitness to which the provision and use of gym equipment and exercise facilities shall be ancillary, and for no other purpose. Reason: To protect the amenities of nearby residents and businesses. 3. The use of the health and fitness suite shall be restricted to members only and shall be by appointment only. Group sessions shall be limited to a maximum of twelve persons and an instructor. Reason: To protect the amenities of nearby residents and businesses. 4. The use of gym equipment and exercise facilities shall only take place between the following hours: 07:00 to 21:00 on Mondays to Fridays inclusive, 08:00 to 16:00 on Saturdays and 09:00 to 13:00 on Sundays. Reason: To protect the amenities of nearby residents and businesses. 5. No sound-amplifying equipment shall be operated in the health and fitness suite so as to be audible within any adjoining premises. Reason: To protect the amenities of nearby residents and businesses. 6. The use of the Units as a health and fitness suite shall cease within one month of the date of a failure to comply with any of the requirements (i) and (ii) below:- (i) within one month of the date of this permission, full details of a scheme specifying the measures to be taken to control noise (including impact noise) emanating from the health and fitness suite, together with a timetable for the implementation of the scheme, shall be submitted in writing to the Department of the Environment for written approval. The scheme shall include details of the gym equipment and exercise facilities to be provided (including details of their siting, design, fixing and mounting) and the steps to be taken to minimise the transmission of air-borne sound (including details of the sound-insulation to be applied to the Units and the floor matting to be provided). (ii) all measures comprised in the approved scheme shall be completed as approved in writing and in accordance with the approved written timetable. The measures shall thereafter be retained as approved in writing and the health and fitness suite shall only be used in accordance with the approved scheme or any modification thereof approved in writing by the Department of the Environment. Reason: To protect the amenities of nearby residents and businesses.
Reason(s) for Decision: The Minister agrees with the recommendation of the Inspector as detailed within their report dated 13 June 2016.
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: 01/07/2016