Dawn Villa, La Vier Beaumont, St. Peter

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A decision made (11.06.08) to serve an Enforcement Notice on Dawn Villa, La Vier Beaumont, St. Peter.

Decision Reference: MD-PE-2007-0124
Decision Summary Title:	Dawn Villa - Enforcement		Date of Decision Summary:	9 June 2008
Decision Summary Author:	Peter Thorne		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Peter Thorne
Written Report Title:	Draft Notice		Date of Written Report:	9 June 2008
Written Report Author:	Peter Thorne		Written Report : Public or Exempt?	Public
Subject: Enforcement against development without permission and contravention of a condition of planning permission at Dawn Villa, La Vier Beaumont, St Peter, whereby building work has encroached onto adjoining agricultural land
Decision(s): The Minister agreed to serve the attached Enforcement Notice
Reason(s) for Decision: To restore the condition of the land
Resource Implications: None – although there exists a right of appeal to the Royal Court. In the event the Notice is appealed successfully there could be costs awarded against the Department.
Action required: The Department to serve the notice on the owner, Mr. A. Burnett.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Dawn Villa, La Vier Beaumont, St. Peter - enforcement notice

Planning and Environment Department

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

www.gov.je

11 June 2008

Ref. RP/2007/2426

PLANNING AND BUILDING (JERSEY) LAW 2002

ENFORCEMENT NOTICE

ARTICLE 40

1. THIS IS A FORMAL NOTICE issued on behalf of the Minister for Planning and Environment ("the Minister") pursuant to the powers conferred on him under Article 40 of the Planning and Building (Jersey) Law 2002.

2. SERVED ON: Mr. Alexander Burnett, Poolside Office, St. Peter Country Apartments, Mont Fallu, St. Peter, JE3 7GZ.

3. THE MINISTER considers that there has been a breach of planning controls under Article 39 (2) (a) and (b) of the above Law because part of the land has been developed without planning permission. Condition No.1 of a notice of planning permission granted under the above reference, and dated 5 February 2008, has not been complied with within the period specified in the condition (that is, 90 days from 5 February 2008). The full text of the condition is as follows:

“The change use of part of Field 818 to residential curtilage and the construction of the pool house are not approved. The pool house must be demolished (including its foundations), the field boundary must be reinstated in its former location and the part of the field to the south-east of the original boundary must be returned to its previous appearance and condition, all within a period of 90 days from the date of this notice. For the avoidance of doubt, the extent of the property's residential curtilage shall be as per that previously approved on drawing no. P/2007/1374 U. The pool house approved under the former application (P/2007/1374) may then be constructed, or if this is unable to be achieved on account of the swimming pool now having been relocated, then an alternative position may be considered, but must be agreed in writing beforehand with the Minister for Planning and Environment. “

4. THE MINISTER HEREBY GIVES YOU NOTICE TO UNDERTAKE THE FOLLOWING WORKS AT THE LAND TO WHICH THIS NOTICE RELATES:

(a) Remove of all buildings and terraces, including foundations, constructed south-east of the south-eastern boundary shown on Naish Waddington Architects’ Drawing No. 4768/02/Revision B (Drawing ‘U’ on an earlier planning permission under reference P/2007/1374, granted on 22 August 2007), within the land to which the notice relates.

(b) Reinstate the former condition of the land, including topsoil, as grassland.

(c) On completion of the above, install a suitable means of enclosure to the new domestic curtilage of the residential property on the boundary indicated in (a) above, to be agreed by the Minister for Planning and Environment.

5. THE LAND TO WHICH THE NOTICE RELATES:

Field 818, Adjoining Dawn Villa, La Vier Beaumont, St Peter

6. BY THE: 31 July 2008

7. WHAT WILL HAPPEN IF THIS NOTICE IS NOT COMPLIED WITH: A person failing to comply with this Notice, in accordance with the aforesaid Law, shall be guilty of an offence and liable to prosecution under Article 44(3) of the Planning and Building (Jersey) Law 2002.

8. YOUR RIGHTS: In accordance with Article 117 of the aforesaid Law, you may appeal to the Royal Court within 28 days of the date of this Notice.

SIGNED:________________________________

For and on behalf of the Minister for Planning and Environment