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A decision made 23 March 2015:

Decision Reference: MD-PE-2015-0022
Decision Summary Title:	Waiving of Planning Applications Fee		Date of Decision Summary:	17 March 2015
Decision Summary Author:	Director of Development Control		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	Director of Development Control
Written Report Title:	Waiving of Planning Application Fee		Date of Written Report:	17 March 2015
Written Report Author:	Director of Development Control		Written Report : Public or Exempt?	Public
Subject: Waiving part of the fee for a planning application at Durrell Wildlife Conservation Trust, Trinity.
Decision(s): The Minister decided to waive the retrospective element of the fee due for the placement of four shipping containers within the grounds of Durrell.
Reason(s) for Decision: The applicant was previously advised by the Department that an application was not required. However when provided with more detailed plans at a later date, it was confirmed that an application was required to be submitted under the Planning and Building (Jersey) Law 2002. As the containers had already been placed on the site, due to Durrell acting upon the previous advice, the Minister considers that it would be unreasonable to charge the retrospective element of the fee totalling £1066.00.
Resource Implications: The loss of £1066.00 in planning income.
Action required: Inform the applicant that the total fee to be paid for the application is £1066.00
Signature: Deputy S Luce		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Planning Application Fee - retrospective element waived: Durrell Wildlife Conservation Trust

DEPARTMENT OF THE ENVIRONMENT

Waiving of Planning Application Fee

(Public)

Purpose of the Report

The purpose of this report is to recommend that the Minister for Planning and Environment waives the retrospective element of the fee due for a planning application at Durrell Wildlife Conservation Trust, Les Augres Manor, La Profonde Rue, Trinity.

Background

The Department was in discussions with Durrell regarding possible works to the site when it was established that four shipping containers had been relocated within the grounds of Durrell. The placement of the shipping containers had not been approved and thus a breach in Development Control was confirmed.

Discussion

The Department was approached by Durrell to confirm whether planning permission was required to place a roof over four shipping containers within Durrell grounds. Advice was given that permission would be required for both the roof and the placement of the containers. Durrell confirmed that they had sought advice previously on the placement of the shipping containers and an officer of the Department had advised that no application was required. Although the applicant had been incorrectly advised, a breach of development control had occurred and thus a retrospective application is required to regularise the breach.

Durrell have co-operated with the Department in the submission of a retrospective application to regularise the current breach in Development Controls.

The Planning and Building (Fees) (Jersey) Order 2008 Article 2 (2) states that “Where an application for planning permission is made under Article 20 of the Law (application where development already undertaken) the fee payable is double the fee payable under paragraph (1).”

The fee payable for the application at the above property is £1066.00. However as the application is retrospective, the fee payable is double, being £2132.00.

The applicant, having been informed of the fee payable, has requested that the retrospective fee be waived as they were previously advised an application would not be required.

Conclusion

The applicant requests that part or all of the fee is waived for application at Durrell Wildlife Conservation Trust, Les Augres Manor, La Profonde Rue, Trinity.

Recommendation

The Minister is recommended to waive the retrospective element of the fee totalling £1066.00 due for an application for the placement of four shipping containers at Durrell Wildlife Conservation Trust, Les Augres Manor, La Profonde Rue, Trinity.