Le Fournier, Rue de la Valeuse, St. Brelade

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (05.08.07) to serve a Notice on Le Fournier, Rue de la Valeuse, St. Brelade following misleading information on submitted drawings.

Decision Reference: MD-PE-2007-0218
Decision Summary Title:	Le Fournier, Rue de la Valeuse, St Brelade		Date of Decision Summary:	4 September 2007
Decision Summary Author:	Peter Thorne		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Peter Thorne and Lawrence Davies
Written Report Title:	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: Service of Notice following misleading information on submitted drawings
Decision(s): The Minister decided to serve a Notice under Article 10 of the Planning and Building Law 2002 requiring alterations to works already undertaken under application reference P/2006/2507 at Le Fournier.
Reason(s) for Decision: The adjoining property was incorrectly plotted on the submitted drawings to such an extent that the Department was misled. As a result the building has materially prejudiced the amenities of the adjoining property.
Resource Implications: In the event that the Notice is appealed and won, the department could be liable to costs
Action required: Notice served on
Signature:		Position Minister
Date Signed:		Date of Decision (If different from Date Signed): 29 August 2007

Le Fournier, Rue de la Valeuse, St. Brelade - notice served

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

GJM Developments Limited

C/O Beau Pre

La Cheve Rue

St Mary

JE2 3QQ

Refs: ENF/2007/00014

P/2006/2507

Property: 13746

Date: 30 August 2007

PLANNING AND BUILDING ( JERSEY ) LAW 2002

(as amended)

NOTICE

1. THIS IS A FORMAL NOTICE issued by the Minister for Planning and Environment ("the Minister") pursuant to the powers conferred on him by Article 10 (2)(b) of the Planning and Building (Jersey) Law, 2002.

THE LAND AFFECTED:

Le Fournier

La Rue de la Valeuse

St. Brelade

The Minister, having examined the submitted and approved drawings for the construction of 2 dwellings at the above property, under reference P/2006/2507, and having visited the adjoining property Marissa, La Rue de la Valeuse, St Brelade, considers that the position of the dwelling Marissa was misrepresented on the aforesaid drawings to such extent that the development under the above reference materially prejudices the enjoyment of the property.

The Minister avers that the permission would not have been granted in its approved form had the property Marissa been correctly represented, and that the former Planning Sub-Committee, in granting ‘in-principle’ permission on 23rd September 2005 was correct in requiring that the new development should extend no further than 3 metres beyond the rear wall of the house Marissa and placing a condition to that effect on the planning permit.

THE MINISTER HEREBY GIVES YOU NOTICE TO CARRY OUT THE FOLLOWING WORKS:

a. To demolish that part of the dwelling (Unit 1) under construction on the eastern plot of Le Fournier which extends more than 3 metres beyond the rear wall of Marissa (that is 1.65 metres) at ground and first floor level, and reinstate the rear wall in accordance with the approved elevations, or such variation that may be agreed in writing by the Minister;

b. To extinguish the window in the eastern wall of the master bedroom of Unit;

c. To submit revised drawings of the scheme as amended by this notice, for the Department’s records.

By the: 31st October 2007

WHAT WILL HAPPEN IF THIS NOTICE IS NOT COMPLIED WITH: In accordance with Article (10)(6)(a) of the aforesaid Law, papers will be dispatched to the Law Officers’ Department for the purpose of prosecution against you.

7. WHAT YOUR RIGHTS ARE: In accordance with Article 117 of the aforesaid Law, you may appeal to the Royal Court, within 28 days of the service of this notice, on the ground that the decision of the Minister or the service of the notice, as the case may be, was unreasonable having regard to all the circumstances of the case.

SIGNED:

DATED:

For and on behalf of the Minister for Planning and Environment