Refuel Espresso Bar, 3 Beresford Street, St. Helier: Change of Use Application: Waiving of Fee

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A decision made 9 February 2015:

Decision Reference: MD- PE- 2015 - 0014
Decision Summary Title:	Waiving of Planning Application Fee			Date of Decision Summary:	3 February 2015
Decision Summary Author:	Director of Development Control			Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written			Person Giving Oral Report:	Director of Development Control
Written Report Title:	Waiving of Planning Application Fee			Date of Written Report:	3 February 2015
Written Report Author:	Director of Development Control			Written Report : Public or Exempt?	Public
Subject: Waiving part of the fee for a planning application at Refuel Espresso Bar, 3 Beresford Street, St Helier.
Decision(s): The Minister decided to waive the retrospective element of the fee due for a change of use application to Class B Food and Drink at Refuel Espresso Bar, 3 Beresford Street, St Helier.
Reason(s) for Decision: Given that the applicant is not responsible for the original change of use and subsequently inherited the breach of Development Controls at the property and due to their current financial hardship, the Minister considers that there are exceptional circumstances to merit the waiving of the retrospective element of the fee totalling £639.60.
Resource Implications:- The loss of £639.60 in planning income.
Action required: Inform applicant that the total fee to be paid for the application is £639.60.
Signature: Deputy S Luce		YF/AS	Position: Minister
Date Signed:			Date of Decision (If different from Date Signed):

Refuel Espresso Bar, 3 Beresford Street, St. Helier: Change of Use Application: Waiving of Fee

DEPARTMENT OF THE ENVIRONMENT

Waiving of Planning Application Fee

(Public)

Purpose of the Report

The purpose of this report is to recommend that the Minister for Planning and Environment waives the retrospective element of the fee due for a change of use planning application at Refuel Espresso Bar, 3 Beresford Street, St Helier.

Background

The Department was informed that a breach of Development Controls had occurred at the above property. Following an investigation by the Compliance Officers, it was established that the property was currently being used as a restaurant (Class A) but its approved use was for a shop (Class B). The change in use was not approved and thus a breach in Development Control was confirmed.

Discussion

The current occupants, upon being made aware of the breach, were unaware that a breach had occurred as they had continued the use in place at the time. Subsequently, they inherited the breach in Development Controls and were unaware that planning permission was required for the current use.

The current occupants have co-operated with the Department in the submission of a retrospective application to regularise the current breach in Development Controls.

The Planning and Building (Fees) (Jersey) Order 2008 Article 2 (2) states that “Where an application for planning permission is made under Article 20 of the Law (application where development already undertaken) the fee payable is double the fee payable under paragraph (1).”

The fee payable for the change of use application at the above property is £639.60. However as the application is retrospective, the fee payable is double, being £1,279.20.

The applicants, having been informed of the fee payable, have confirmed that they are in financial hardship and are unable to pay the total fee. They request that the fee be waived as they were not the instigators of the original breach and due to their financial situation.

Conclusion

The applicants request that part or all of the fee is waived for the change of use application at Refuel Espresso Bar, 3 Beresford Street, St Helier.

Recommendation

The Minister is recommended to waive the retrospective element of the fee totalling £639.60 due for a change of use application to Class B Food and Drink at Refuel Espresso Bar, 3 Beresford Street, St Helier.