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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (05/07/2007) regarding: Yacht Villa, Green Street, St. Helier - The serving of an Enforcement Notice upon Mr. & Mrs. Allison requiring the correction of unauthorised development.

Subject:	Yacht Villa, Green Street, St Helier. The serving of an Enforcement Notice upon Mr & Mrs Allison requiring the correction of unauthorised development.
Decision Reference:	MD-PE-2007-0223	Exempt clause(s):		Public
Type of Report (oral or written):	Written & Oral	Person Giving Report (if oral):		Mike Porter
Telephone or e-mail Meeting?	n/a	Report File ref:		3/09/6 CMP/2005/00274
Written Report Title:	Enforcement Report	Written report – Author:		Mike Porter
Decision(s The Minister decided that an enforcement notice be served upon Mr & Mrs Allison under the provisions of Article 40 Planning and Building (Jersey) Law 2002 requiring that; Remedial works are carried out in accordance with the attached letter of ‘Rothwells Consulting Engineers’ dated 07th November 2006 to make good the unauthorised structural alterations within the newly formed basement and render it unusable. The unauthorised elevated walkway is removed from the perimeter of the garden entirely. The works to be carried out within 2 months of the serving of the enforcement notice.
Reason(s) for decision: To require works to rectify unauthorised development and re gain compliance with the Planning and Building (Jersey) Law 2002.
Action required: Notices to be served upon Mr & Mrs Allison.
Signature: (Minister)			Date of Decision: 5th July 2007

Yacht Villa, Green Street, St. Helier - The serving of an Enforcement Notice upon Mr. & Mrs. Allison requiring the correction of unauthorised development.

REPORT TO THE MINISTER FOR PLANNING AND ENVIRONMENT

Complaint Reference:CMP/2005/00274

Enforcement Reference:

Enforcement Report

Site Address	Yacht Villa Green Street St. Helier

Owner	Mr S.D. Allison Mrs B Allison

Occupier	Mrs B Allison

Zones	Built up area

Summary

An unauthorised room had been formed under the house and an elevated walk way created around the garden perimeter. Both items are subject to Building Bye-Laws (Jersey) 2004 for which no application was made or building permit issued.

Recommendation

That an enforcement notice be served upon Mr & Mrs Allison under the provisions of Article 40 Planning and Building (Jersey) Law 2002 requiring that;

Remedial works are carried out in accordance with the attached letter of ‘Rothwells Consulting Engineers’ dated 07th November 2006 to make good the unauthorised structural alterations within the newly formed basement and render it unusable.

The unauthorised elevated walkway is removed from the perimeter of the garden entirely.

The works to be carried out within 2 months of the serving of the enforcement notice.

Details	In September of 2005 Enforcement Officer John Doublet attended Yacht Villa following receipt of information to the effect that a new room had been created in the crawl space beneath the property. The Officer found that considerable excavation had taken place to increase the depth of the crawl space which had formed a large room, then occupied as a music room. In addition the Officer noticed that an elevated wooden walkway had been created around the perimeter of the rear garden, again without building consent. It was apparent that matrimonial difficulties had seen the departure from the property of the person directly responsible for carrying out the works, Mr S.D. Allison. During recent months efforts have been made by Mrs Allison to rectify the unauthorised room within the basement. Amongst those efforts was the commissioning of a Structural Engineer to address the unauthorised structural alterations to the property. The attached letter of the 07th November 2006 details within it works required to correct the unauthorised structural works and works necessary to prevent this room being utilised. It is clear that a lenient approach and negotiation with Mr & Mrs Allison has failed to secure compliance with Building Bye-Laws (Jersey) 2004 and therefore the serving of an enforcement notice is necessary to bring about a successful and much needed conclusion to this matter.

Recommendation	That an enforcement notice be served upon Mr & Mrs Allison under the provisions of Article 40 Planning and Building (Jersey) Law 2002 requiring that; Remedial works are carried out in accordance with the attached letter of ‘Rothwells Consulting Engineers’ dated 07th November 2006 to make good the unauthorised structural alterations within the newly formed basement and render it unusable. The unauthorised elevated walkway is removed from the perimeter of the garden entirely. The works to be carried out within 2 months of the serving of the enforcement notice.

Additional Information	Letter of 7th November 2006 of Rothwells Consulting Engineers attached. Photographs of unauthorised room and walkway attached.

Prepared by	ENF 2	Date	03/07/2007

Endorsed by		Date