Amani, La Route de St Aubin, St Helier: Approval of Planning Application

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A decision made on 25 March 2010 to approve planning application in relation to Amani, La Route de St Aubin, St Helier

Decision Reference: MD-PE-2009-0046			Application Number: P/2009/1474 (If applicable)
Decision Summary Title :	Amani, La Route de St Aubin, St. Helier		Date of Decision Summary:		23rd March 2010
Decision Summary Author:	Senior Planner		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		N/A
Written Report Title :	Amani, La Route de St Aubin, St Helier		Date of Written Report:		23rd March 2010
Written Report Author:	Senior Planner		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Amani, La Route de St Aubin, St. Helier Construct extension. Convert 1 No. dwelling into 2 No. dwellings. REQUEST FOR RECONSIDERATION of refusal of planning permission.
Decision(s): The Minister approved the application subject to the following conditions: 1. The external materials to be used in the construction of the extension hereby approved shall match those of the existing building. Reason: To ensure that the new development is sympathetic to the appearance of the existing building to safeguard the visual amenities of the area and to accord with Policy G2 and H8 of the Island Plan 2002.
Reason(s) for Decision: Following the findings of the States of Jersey Complaints Board, the decision to refuse the application is considered unreasonable and the reasons for refusal to be unsubstantiated. Therefore, it is considered fair to approve the application, having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received.
Resource Implications: None
Action required: Issue Permit, Notify Agent, Applicant and all other interested parties
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

Amani, La Route de St Aubin, St Helier: Approval of Planning Application

Planning and Environment Department

Report to the Minister for Planning and Environment

Application Number

P/2009/1474

Site Address	Amani, La Route de St Aubin, St. Helier, JE2 3SE.

Applicant	Mr & Mrs J McLinton

Description	Construct extension. Convert 1 No. dwelling into 2 No. dwellings. REQUEST FOR RECONSIDERATION of refusal of planning
Zones	Built-Up Area Green Backdrop Zone

Reason for Referral	THIS CASE IS FOR RECONSIDERATION FOLLOWING A HEARING BY THE STATES OF JERSEY COMPLAINTS BOARD
Background Recommendation Enclosures	The above Planning Application was refused under delegated powers on the 1st October 2009 for the following reasons: 1. The proposed development provides insufficient car-parking, contrary to the Minister for Planning and Environment Planning Policy Note No.3 ‘Parking Guidelines, 1988’ and Policies G2 and H8 of the Island Plan 2002. 2. The proposal fails to provide adequate standards of private external amenity space contrary to the minimum standards set out in Planning Policy Note No.6 ‘A Minimum Specification for New Housing Developments, February 1994’ and Policies G2 and H8 of the Island Plan 2002. 3. The proposed development would be an unacceptable overdevelopment of the site, resulting in a buildings which are cramped and provides insufficient amenity space for potential occupiers, which is detrimental to the amenities of the Island, contrary to Policies G2 and H8 of the Island Plan 2002. 4. The proposed extension is of poor design, contrary to Policy G3 of the Island Plan 2002. Following this decision, the Applicant submitted a Request for Reconsideration (RFR). The RFR report by the Planning Officer recommended ‘Maintain Refusal’ of the original decision. Please note at the RFR stage, Reason for Refusal No. 2 was conceded by the Department as it was deemed that there was sufficient amenity space for each dwelling. The RFR report was considered at a Planning Application Panel Meeting on 12 November 2009 (The Panel had undertaken a site visit the day before). The Panel decided to maintain refusal. On the 17 November 2009 the Applicant submitted a complaint against the decision to the States of Jersey Complaints Board. This complaint was heard by the Board at a hearing held in the States Building on 04 March 2010. In the report of its findings, a copy of which is enclosed, the Board has concluded that: ‘In accordance with Article 9(2)(b) and (d) of the Administrative Decisions (Review) (Jersey) Law 1982 that the decision of the Minister for Planning ‘was unjust’ and ‘could not have been made by a reasonable body of persons after proper consideration of all the facts’. In accordance with the Law the Board therefore requested the Minister to reconsider his decision and report back to the Board within one month’. In accordance with the Board’s findings, the Minister is requested to reconsider the application. Site location plan Report of findings of Board Departments original ‘Officer Assessment Sheet’ report Department’s previous Request for Reconsideration Report

Endorsed by:

Date: