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Belle Hougue, La Route des Cotes Du Nord, Trinity: Planning Application (P/2015/1022): Appeal Decision

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 June 2016:

Decision Reference:    MD- PE- 2016 – 0080

Decision Summary Title:

Appeal Decision – P/2015/1022

Belle Hougue, La Route des Cotes du Nord, Trinity

Date of Decision Summary:

01 June 2016

Decision Summary Author:

Judicial Greffier

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Report to the Minister for the Environment

Date of Written Report:

27 May 2016

Written Report Author:

D A Hainsworth LL.B(Hons) FRSA

Written Report :

Public or Exempt?

 

Public

Subject:

Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a refusal to grant planning permission at Belle Hougue, La Route des Cotes du Nord, Trinity (P/2015/1022)

Decision:

The Minister allowed the appeal in full and was minded to grant planning permission to develop land under Article 116 of the Planning and Building (Jersey)  Law 2002.

In respect of the following development: “Demolish various structures and construct store to North-West of site with associated earthworks.”

To be carried out at Belle Hougue, La Route des Cotes du Nord, Trinity.

The Minister is minded to grant permission but only subject to the appellant entering into a planning obligation pursuant to Article 25 of the Planning and Building (Jersey) Law 2002 (as amended) that precludes the construction of the garage extension approved on 1 March 2016 (ref: P/2016/0070);

And any permission to be granted shall be subject to compliance with the following conditions and approved plan(s):

  1. The development shall commence within five 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 shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of any permission.

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

1. The store shall only be used for the purposes ancillary to the enjoyment of the dwellinghouse, Belle Hougue, as such, and for no other purpose.

 Reason: To protect the amenities of nearby residents.

Reason(s) for Decision:

The Minister agrees with the overall conclusion of the Inspector as detailed within their report dated 27 May 2016 and is minded to grant planning permission subject to the appellant entering into a planning obligation agreement that is designed to protect the Green Zone from the cumulative impact of development at Belle Hougue.

Resource Implications:-

None

Action required:

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

Signature:

Deputy S Luce

Position:

Minister for the Environment

Date Signed:

Date of Decision (If different from Date Signed):

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