Field No. B485. La Rue de la Corbiere,St. Brelade ENF/2020/00011: Enforcement Appeal Decision

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A decision made on 28 July 2021

Decision Reference: MD-PE-2021-0033			Enforcement Notice Reference: ENF/2020/00011
Decision Summary Title:	Enforcement Appeal Decision – Field No. B485, La Rue de la Corbière, St Brelade		Date of Decision Summary:	11 June 2021
Decision Summary Author:	Principal Policy Planner – Strategic Policy, Planning & Performance		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- Field B485		Date of Written Report:	27 May 2021
Written Report Author:	D A Hainsworth LL.B(Hons) FRSA Solicitor Planning Inspector		Written Report : Public or Exempt?	Public
Subject: Appeal under Article 109 of the Planning and Building (Jersey) Law 2002 against the serving of an enforcement notice (ENF/2020/00011) at Field No. B485, La Rue de la Corbière, St Brelade
Decision: The Assistant Minister allowed the appeal on grounds (a), (e), (f) and (g) to the extent of the variations as described below and dismissed the appeal on all other grounds. The Assistant Minister upheld the enforcement notice, referenced ENF/2020/00011, subject to the following variations: Paragraph No 3: Replace the whole with the following wording; “3. The Matters which appear to constitute the Breach of Development Controls: Without planning permission, the material change of use of the land from agriculture to a mixed use for agriculture and for the storage and siting of non-agricultural items, namely cars, vans, lorries, skips, cable drums, a table, seating, a speedboat, a boat trailer and a mound containing vegetable waste, rubble, detritus, fencing panels and pallets.” Paragraph No 5: Replace the whole with the following wording; “5. Steps Required to Rectify the Breach: (what you are required to do): Within the area edged red on the attached plan: - 5.1 Permanently cease the use of the Land for the storage and siting of non-agricultural items, namely cars, vans, lorries, skips, cable drums, a table, seating, a speedboat, a boat trailer and a mound containing vegetable waste, rubble, detritus, fencing panels and pallets. 5.2 Permanently remove from the Land all the non-agricultural items named in paragraph 5.1.” Paragraph 6: Replace the whole with the following wording; “6. Time for Compliance: You are required to have complied with the requirements of this notice by the end of 2 calendar months commencing from the date of the determination of the appeal against this notice.”
Reason for Decision: The Assistant Minister agreed with the findings and recommendations of the Inspector.
Resource Implications: None.
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy G Guida		Position: Assistant Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):