Villa Nuova, La Route de la Haule, St. Brelade: Planning Application (P/2015/1476): 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 August 2016:

Decision Reference: MD-PE-2016-0111

Decision Summary Title :

Appeal Decision – Villa Nuova, La Route de la Haule, St. Brelade. JE3 8BA

Date of Decision Summary:

8 August 2016

Decision Summary Author:

Principal Planner (Policy)

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 :

Report to the Minister for Planning and Environment

Date of Written Report:

29 July 2016

Written Report Author:

Philip Staddon BSc, Dip, MBA, MRTPI

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against the grant of planning permission at Villa Nuova, La Route de la Haule, St. Brelade. JE3 8BA (P/2015/1476)

Decision:

The Minister allowed the appeal under Article 116 of the Planning and Building (Jersey) Law 2002. The original decision of the Chief Officer dated 28 January 2016 is overturned and planning permission is refused for the following reasons:

The proposed development would result in the unacceptable demolition of the roadside boundary wall and railings which form part of the original fabric of the property which is included on the Minister for Planning and Environment’s ‘Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey’ as a Grade 4 Listed Building, contrary to Policy HE 1 of the Jersey Island Plan, 2011 (Revised 2014).
The proposed terrace on the North-west elevation would result in unreasonable harm, by virtue of loss of privacy, to the occupiers of the neighbouring property contrary to Policy GD1 of the Jersey Island Plan, 2011 (Revised 2014).

Reason(s) for Decision:

i) The Minister agrees, in the main, with the findings of the Inspector as detailed in his report dated 29 July 2016 in respect of the loss of the historic roadside wall and railings and likely impact upon the amenities of neighbouring land users.

ii) The Minister further considered that the substantial retention of the wall and railings cannot, reasonably, be a condition of a planning permission given the fact that the submitted plans and design statement clearly indicate the removal of the of the wall and railings as constituting an integral part of the planning application proposal.

Resource Implications:

None

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

Position:

Minister for Environment

Date Signed:

Date of Decision (If different from Date Signed):