31-41 Broad Street & 19-29 Commercial Street, St. Helier: Planning Application: (P/2022/0388): Referral of Planning Appeal back to independent Planning Inspector

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A decision made 10 August 2023:

Decision Reference: MD-ENV-2023-554		Public
Subject: Referral of planning appeal back to independent planning Inspector P/2022/0388 (31 – 41 Broad Street and, 19 – 29 Commercial Street, St. Helier)
Report Title: Referral of planning appeal back to independent planning Inspector P/2022/0388 (31 – 41 Broad Street and, 19 – 29 Commercial Street, St. Helier)		Public
Decision(s): The Assistant Minister decided to: 1. Refer the appeal back to the independent planning inspector for an objective assessment to be made in respect of the requirement for the provision of affordable homes within the proposed development, in accordance with Policy H6 of the Bridging Island Plan – Making homes more affordable, and the adopted supplementary planning guidance – Making homes more affordable (July 2023) 2. Request the Inspector to prepare a supplementary report and recommendation, in response to (1) above, as soon as practicable. 3. Defer the determination of the appeal until such time that the Inspector’s supplementary report and recommendation are produced, submitted to, and considered by the Assistant Minister.
Reason for Decision(s): The Assistant Minister was cognisant that, by virtue of Article 19(1) of the Planning and Building (Jersey) Law, 2002, all material considerations, including Island Plan policies and supplementary planning guidance (SPG) must be taken into account in the determination of an application for planning permission. The Assistant Minister noted that SPG – Making homes more affordable, was approved and adopted by the Minister for the Environment on 30 July 2023. This was after the independent planning inspector’s report was prepared and submitted, but prior to the appeal being determined. The Assistant Minister also noted that the adoption of the SPG brought into effect Policy H6 of the Bridging Island Plan as a material consideration, which it had not been during the planning application and subsequent appeal process. The Assistant Minister considered that there is a legal obligation for the planning application to be further assessed against the requirements of Policy H6.
Resource Implications: Legal: By virtue of Article 116(2)(b) of the Planning and Building (Jersey) Law 2002, the Minister may refer an appeal back to the Inspector for further consideration of such issues as the Minister shall specify. Financial: There are no significant financial implications expected as a result of the Minister’s decision, save for the funding of the Inspector’s supplementary report.
Action Required: Officers to request the Judicial Greffe to inform the Inspector of the Assistant Minister’s referral back for a supplementary report and recommendation.
Signature:	Signed By: Assistant Minister for the Environment
Date Signed:	Date of Decision (If different from Date Signed):