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Trust Ford site, La Route des Quennevais, St Brelade (P/2018/0892)

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 4 February 2019

Decision Reference:    MD-PE-2019-0011

Decision Summary Title:

Appeal Decision – Site at Trust Ford, La Route des Quennevais, St Brelade (P/2018/0892)

Date of Decision Summary:

29 January 2019

Decision Summary Author:

Principal Planner (Strategy & Innovation)

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 – Site at Trust Ford, La Route des Quennevais, St Brelade

Date of Written Report:

Undated

Written Report Author:

Jonathan King BA(Hons), DipTP, MRTPI

Planning Inspector

Written Report :

Public or Exempt?

 

Public

Subject:

Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a refusal to grant planning permission at Site at Trust Ford, La Route des Quennevais, St Brelade, JE3 1FP (P/2018/0892)

Decision:

The Minister dismissed the appeal under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; “Demolish wall to West boundary of site”.

 

 

Reason for Decision:

i)     The Minister agrees, in the main, with the findings of the Inspector in respect of the likely visual impact resulting from the proposed loss of the roadside wall. The Minister also considered the argument put forward by the Inspector with regard to potential impact upon highway safety but agreed with the Department’s original conclusion that highway safety would be impaired by the removal of the wall.

ii)     The Minister further considered that the proposed removal of the wall piers cannot, reasonably, be a condition of a planning permission given the fact that the submitted plans clearly indicate the removal of the of the piers 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:

Deputy J Young

 

 

 

 

Position:

Minister

Date Signed:

 

 

 

 

Date of Decision (If different from Date Signed):

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