Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (27/05/2009) regarding: 17 & 19 Devonshire Place, St. Helier - Planning Application - Request for Reconsideration.

Decision Reference: MD-PE-2009-0101			Application Number: P/2008/0798
Decision Summary Title :	17 & 19, Devonshire Place, St. Helier		Date of Decision Summary:		15.05.09
Decision Summary Author:	Planner – Central Team		Decision Summary: Public or Exempt?		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		Director of Planning
Written Report Title :	Request for Reconsideration		Date of Written Report:
Written Report Author:	Planner – Central Team		Written Report : Public or Exempt?		Public
Subject: 17 & 19, Devonshire Place, St. Helier Demolish single storey self contained flat, construct 1 bedroom single storey unit to rear of No. 17 Devonshire Place. REQUEST FOR RECONSIDERATION of refusal of planning permission.
Decision(s): At the Ministerial meeting of 26.09.08 the Minister agreed at the request of applicant to reconsider the historic registration of the property thereby deferring a decision of the Request for Reconsideration until such time that the issue of registration had been addressed and resolved. At the Ministerial meeting of 5th December 2008 the Minister agreed to the recommendation of the Jersey Heritage Trust that the properties 17 & 19, Devonshire Place, St. Helier, remain as Buildings of Local Intest on the Register for Buildings and Sites of Architectural, Archaelogical and Historical Importance. 13th February 2009 - The applicant’s new agent met the Director of Planning and subsequently submitted a revised design for the proposed separate unit to the rear of the property. The Director of Planning supported the new design and discussed it with the Minister, who agreed the revised proposal.
Reason(s) for Decision: The re-design of the new unit of accommodation to the rear was a significant improvement on the original design submitted it will also improve the quality of existing accommodation on the site.
Resource Implications: None
Action required: Case Officer to issue planning permission
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

17 & 19 Devonshire Place, St. Helier - Planning Application - Request for Reconsideration.

Application Number: P/2008/0798

Request for Reconsideration Report

Site Address	17 & 19, Devonshire Place, St. Helier.

Requested by	Mr. M. J. Neville	Agent	J P Le Brocq

Description	Demolish single storey self contained flat, construct 1 bedroom single storey unit to rear of No. 17 Devonshire Place. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Reasons	1. The proposed development would by virtue of its close proximity to No.'s 17 and 19 Devonshire Place, harm the character and setting of the dwellings which are included on the Minister for Planning and Environment's 'Register of Buildings and Sites of Architectural, Archaeological and Historic Interest in Jersey' as Buildings of Local Interest, contrary to Policy G13, of the Jersey Island Plan, 2002. 2. The proposed development of a separate unit of accommodation on the site, would be an unacceptable overdevelopment of the site, resulting in a residential building which is cramped and close to neighbouring boundaries and therefore harmful to the occupiers of neighbouring properties contrary to policies G2 and H8 of the Jersey Island Plan, 2002. 3. The proposed separate unit of accommodation fails to provide adequate standards of internal space and also reduces the external amenity space available to the existing units: No.'s 17 and 19 Devonshire Place, contrary to the minimum standards set out in planning Policy Note No.6 'A Minimum Specification for New Housing Developments, February 1994' contrary to Policy G2 of the Jersey Island Plan, 2002. 4. The proposed development, by virtue of its size and position on the site and its relationship with the neighbouring properties No.'s 17 and 19 Devonshire Place, results in an unacceptable overbearing impact; poor design and appearance harmful to the amenities of the occupiers of the neighbouring properties, contrary to Policies G2, G3 & H8 of the Jersey Island Plan, 2002. 5. The proposed development would have an adverse impact on the amenities of the surrounding residents using the rear access leading onto Le Geyt Street by virtue of the lack of bin store provision to the new development. Furthermore the loss of the existing rear access leading onto Le Geyt Street would cause an adverse impact on the amenities of No. 17 Devonshire Place contrary to Policy G2 of the Jersey Island Plan 2002. 6. The proposed development provides insufficient car-parking, thereby opposing the Minister for Planning and Environment's Planning Policy Note No.3 'Parking Guidelines, 1988' and is therefore contrary to Policy G2 of the Jersey Island Plan, 2002.

Determined by	Delegated Refused

Date	04/06/2008

Zones	Building Of Local Interest Built-Up Area Town Map Area Town Centre Area of Archaeological Pot

Policies	G13 - Buildings and Places of Architectural and Historic Interest G2 - General Development Considerations G3 - Quality of Design H8 - Housing Development within the Built-Up Area

Recommendation

Maintain Refusal

Comments on Case	P/2008/0798 - A Refusal Notice was issued on 4th June 2008 - to demolish single storey self contained flat, construct 1 bedroom single storey to rear of No. 17 Devonshire Place. Six reasons for refusal were identified. The main reasons for refusal were:- The harm the new unit of accommodation would have on the character and setting of No.17 and No.19 Devonshire Place, which are both registered Buildings of Local Interest. The introduction of a new unit of accommodation would create a cramped relationship to the existing dwellings, thereby constituting an overdevelopment of the site. Lack of adequate internal space to the new unit and reduced standards of amenity space to existing units No. 17 and No. 19 Devonshire Place. The proposed development by virtue of its size, position and design would have an unacceptable impact harmful to the amenities of the occupiers of No.’s 17 and 19 Devonshire Place. A more detailed synopsis, which itemises all the reasons for refusal, are included under the Reasons section above. A Request for Reconsideration of the decision to refuse the application was received on the 1st August 2008. Whilst offering responses and justification to each of the six reasons for refusal, the appeal also outlines the fact that “two properties have been much adapted over the years” and that “the rear facades are in a terrible condition.” Images have been submitted to indicate the poor interior of the separate unit of accommodation to the rear of No. 17. One letter of representation has been received which reiterates the comments submitted for the original application. The concerns relate to the fact that the new unit of accommodation will use a shared narrow access route to the rear of the site as its ‘Primary and only Entrance’ and the intensification of use that this will impose on the alley way. In summary, ultimately the appeal letter appears to base its argument around the poor condition that the existing units of accommodation are in and how the proposed development will aim to improve the quality of accommodation on the site as a whole. Whilst the applicant’s proposals to improve the site are not unreasonable the overriding impact that the proposals will have on the integrity of No.’s 17 and 19 Devonshire Place, which are registered as Building’s of Local Interest, cannot be ignored. Therefore, due consideration should be given to the sensitive restoration of the site as a whole. The fact also remains that this site is physically restricted and is therefore not capable of withstanding the creation of a new stand alone unit of accommodation in the manner proposed particularly in view of the associated amenity standards needed to support it.

Recommendation	Maintain refusal for the reasons given previously.

Reasons	Refer to Points 1 - 6 under ‘Reasons’.

Background Papers	1:2500 Site Plan Consultation comments from Historic Buildings Advisor - 14.04.08 Request for Reconsideration letter received 1st August 2008. Letters of representation dated 19.8.08 & 27.5.08 Letter from Agent - 22.5.08 Officers Assessment Sheet and Draft Conditions – 19.05.08

Endorsed by		Date