Chateau Rocquebrune, La Route de St Aubin, St. Helier: Appeal Decision

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A decision made on 20 September 2019

Decision Reference: MD-PE-2019-0070			Application Reference: P/2018/1651
Decision Summary Title:	Appeal Decision – Chateau Rocquebrune, La Route de St Aubin, St Helier.		Date of Decision Summary:	31 July 2019
Decision Summary Author:	Principal Policy Planner – Strategic Policy, Performance & Population		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Inspector’s Report- Chateau Rocquebrune		Date of Written Report:	30 July 2019
Written Report Author:	Linda Wride Dip TP, MRTPI Planning Inspector		Written Report : Public or Exempt?	Public
Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to refuse to grant planning permission for; “Install fence to North, North-East and South-West of site” at Chateau Rocquebrune, La Route de St Aubin, St Helier (P/2018/1651)
Decision: The Minister allowed the appeal and granted planning permission subject to the following conditions: 1. The development shall commence within three years of the decision date. Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. 2. The development hereby approved shall be carried out entirely in accordance with the revised plans, drawings, written details and documents which form part of this permission. No variation shall be made without the prior written approval of the Department of Growth, Housing and Environment. Reason: To ensure that the development is carried out and completed in accordance with the details approved. 3. The permission relates solely to the Location Plan and revised drawings 3910-2B and 3910-2(1)D; New Fence Details. Reason: To avoid doubt. 4. (a) Any tree felling, hedge removal or any clearance works shall only be undertaken between the months of 1st October to 1st March in any calendar year, unless a written statement has been submitted from a qualified and competent person confirming that there are no nesting birds or other protected wildlife in any of the trees or hedgerows to be felled or removed based on an inspection to be carried out 10 days or less before the commencement of the proposed works. (b) The written statement shall set out the results of the inspection and shall include a method for working to avoid harm to any protected wildlife species identified, or to their nests, dens or roosts. (c) The report shall be submitted to and approved by the Department of Growth, Housing and Environment at least 5 working days in advance of any felling or clearance works. No works shall commence until and unless the report and working method has been approved in writing, and the development shall be carried out in accordance with the approved details. Reason: In the interests of preventing harm to interests of wildlife and bio-diversity, in accordance with policies GD1,NE1, NE2 and NE4 of the Jersey Island Plan 2011 (Revised 2014). Informative: Possible presence of protected species The site has been identified as having the possible presence of protected wildlife species. It is the responsibility of the applicant to inform all site workers of the possibility of protected species on the site and the implications under the Conservation of Wildlife Law (2000) and you are advised of your duty under the Law to stop work and notify the Department of Growth, Housing and Environment on + 44 (0) 1534 441600 immediately should any protected species be found.
Reason for Decision: The Minister agreed with the recommendation of the Inspector with some adjustment to the wording of certain conditions in order to ensure consistency with previous decisions and the new structure of Government.
Resource Implications: None.
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy John H Young		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):