The above Planning Application was refused under delegated powers on the 1st October 2009 for the following reasons: 1. The proposed development provides insufficient car-parking, contrary to the Minister for Planning and Environment Planning Policy Note No.3 ‘Parking Guidelines, 1988’ and Policies G2 and H8 of the Island Plan 2002. 2. The proposal fails to provide adequate standards of private external amenity space contrary to the minimum standards set out in Planning Policy Note No.6 ‘A Minimum Specification for New Housing Developments, February 1994’ and Policies G2 and H8 of the Island Plan 2002. 3. The proposed development would be an unacceptable overdevelopment of the site, resulting in a buildings which are cramped and provides insufficient amenity space for potential occupiers, which is detrimental to the amenities of the Island, contrary to Policies G2 and H8 of the Island Plan 2002. 4. The proposed extension is of poor design, contrary to Policy G3 of the Island Plan 2002. Following this decision, the Applicant submitted a Request for Reconsideration (RFR). The RFR report by the Planning Officer recommended ‘Maintain Refusal’ of the original decision. Please note at the RFR stage, Reason for Refusal No. 2 was conceded by the Department as it was deemed that there was sufficient amenity space for each dwelling. The RFR report was considered at a Planning Application Panel Meeting on 12 November 2009 (The Panel had undertaken a site visit the day before). The Panel decided to maintain refusal. On the 17 November 2009 the Applicant submitted a complaint against the decision to the States of Jersey Complaints Board. This complaint was heard by the Board at a hearing held in the States Building on 04 March 2010. In the report of its findings, a copy of which is enclosed, the Board has concluded that: ‘In accordance with Article 9(2)(b) and (d) of the Administrative Decisions (Review) (Jersey) Law 1982 that the decision of the Minister for Planning ‘was unjust’ and ‘could not have been made by a reasonable body of persons after proper consideration of all the facts’. In accordance with the Law the Board therefore requested the Minister to reconsider his decision and report back to the Board within one month’. In accordance with the Board’s findings, the Minister is requested to reconsider the application. Site location plan Report of findings of Board Departments original ‘Officer Assessment Sheet’ report Department’s previous Request for Reconsideration Report |