Highview, La Route de Noirmont, St. Brelade: Appeal Decision P/2020/0233

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A decision made on 5 February 2021

Decision Reference: MD-PE-2020-0103

Application Reference: P/2020/0233

Decision Summary Title:

Appeal Decision – Highview, La Route de Noirmont, St Brelade

Date of Decision Summary:

01 December 2020

Decision Summary Author:

Principal Policy Planner – Strategic Policy, Planning and 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- Highview

Date of Written Report:

25 November 2020

Written Report Author:

Sue Bell MSc., BSc, FCIEEM, CEcol, CWEM

- 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 grant planning permission, P/2020/0233, for “Construct 1 No. three bed dwelling to East of Highview with altered access and pavement to La Route de Noirmont” at Highview, La Route de Noirmont, St Brelade

Decision:

The Assistant Minister dismissed the appeal and maintained the original grant of planning permission, subject to the following conditions:

A. 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.

B. The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission.

Reason: To ensure that the development is carried out and completed in accordance with the details approved.

1. Prior to the first occupation of the new development, the new 1.9m wide footpath and new visibility splays shall be laid out and constructed in accordance with the approved plans. Thereafter, the visibility splays shall be maintained, and no visual obstruction of any kind over the height of 900mm shall be erected within them.

REASON: In the interests of highway safety, in accordance with Policy GD 1 of the

adopted Island Plan 2011 (revised 2014).

2. The measures outlined in the approved Species Protection Plan (ref. NE/ES/HIG.01, 03/04/2019, Nurture Ecology) shall be implemented prior to the commencement of the development, continued throughout the phases of development (where applicable) and thereafter retained and maintained as such. Any variations that may be required as a result of findings on site are to be agreed in writing by Natural Environment section of the Infrastructure, Housing and Environment Department prior to works being undertaken.

REASON: To ensure the protection of all protected species in accordance with Policies NE 1, NE 2 and NE 4 of the adopted Island Plan 2011 (revised 2014).

3. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2011, or any amendment to or replacement of that order, no works involving the erection of a building, extension, or other structure (other than those shown on the drawings approved with this permission), is permitted without the prior written approval of the Development Control section of the Infrastructure, Housing and Environment Department.

REASON: Owing to the form, design and layout of the new development (taking into account its surrounding context), additional controls are considered to be necessary in order to safeguard the character and visual amenities of the area, and to ensure that adequate private amenity space is retained within the curtilage of the dwelling, in accordance with Policy GD 1 of the adopted Island Plan 2011 (revised 2014).

4. Demolition or construction works shall not take place outside 0800 hours to 1800 hours Mondays to Fridays and 0800 hours to 1300 hours on Saturdays nor at any time on Sundays or Bank Holidays.

REASON: In the interests of protecting neighbouring occupiers from noise and disturbance.

Reason for Decision:

The Assistant Minister agreed with the recommendations of the Inspector.

Resource Implications:

None.

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

Deputy Gregory Guida

Position:

Assistant Minister for the Environment

Date Signed:

Date of Decision (If different from Date Signed):