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La Carrosserie, 8 Les Ormes Farm, La Rue de la Blanche Pierre, St. Lawrence: Planning Application Appeal

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 September 2013:

Decision Reference: MD-PE-2013-0097

Application Number:  RW/2013/0388

(If applicable)

Decision Summary Title :

La Carrosserie, 8 Les Ormes Farm, La Rue de la Blanche Pierre, St. Lawrence, Jersey, JE3 1EX

Date of Decision Summary:

30/08/2013

Decision Summary Author:

 

Planning Performance Manager

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

written

Person Giving

Oral Report:

Planning Performance Manager

Written Report

Title :

RW/2013/0388 – Consideration of Grounds of Appeal

Date of Written Report:

30 August 2013

Written Report Author:

Planning Performance Manager

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

 

Consideration of an appeal to the Royal Court against the decision to refuse permission to install timber windows to north, east and west elevations of the existing dwelling at La Carrosserie, 8 Les Ormes Farm, La Rue de la Blanche Pierre, St. Lawrence, Jersey, JE3 1EX

 

 

Decision(s):

 

Following the refusal of planning permission for replacement windows at La Carrosserie, 8 Les Ormes Farm, La Rue de la Blanche Pierre, St. Lawrence the applicant submitted an appeal to the Royal Court which was received by the Minister on 12 August 2013.

 

The Grounds of Appeal were reviewed and considered to carry sufficient merit to re-consider the decision and support the proposals in light of the Grounds of Appeal.

 

As the proposal is now before the Royal Court the Minister wished to indicate to the Royal Court that he wished to concede the appeal and issue a decision allowing the proposal.

 

Reason(s) for Decision:

The Grounds of Appeal raise arguments that are accepted. These Grounds highlight that the wrong tests were applied in determining the application and planning permission ought to have been forthcoming.

 


 

 

 

 

 

 

 

Decision Reference: MD-PE-2012 -

Application Number:  RW/2013/0388

(If applicable)

Resource Implications:

none

Action required:

 

Request the Law Officers Department to take the necessary steps to enable a Consent Order to be issued by the Royal Court under Article 113 of the Planning and Building (Jersey) Law 2002. On reciept of that Order that a decision notice should be issued granting permission to install timber windows to north, east and west elevations of La Carrosserie, 8 Les Ormes Farm, La Rue de la Blanche Pierre, St. Lawrence as indicated on the plans submitted with application RW/2013/0388.

 

Signature:

 

Deputy R C Duhamel

MD Authorised by

 

Position:

Minister for Planning and Environment

 

Date Signed:

2 September 2013

Date of Decision (If different from Date Signed):

2 September 2013

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