Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Cell 30 - Asbestos Waste, La Collette Reclamation Site, La Collette, St. Helier: Determination of Planning Application (P/2010/1861) by Minister

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 November 2013:

Decision Reference:   MD-PE-2013-0134 

Application Number:  P/2010/1861

(If applicable)

Decision Summary Title :

Cell 30, La Collette Reclamation Site, La Collette, , St. Helier, ,

Date of Decision Summary:

12th November 2013

Decision Summary Author:

 

Senior Planner

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Senior Planner

Written Report

Title :

 n/a

Date of Written Report:

n/a

Written Report Author:

n/a

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

n/a

Subject:  Cell 30, La Collette Reclamation Site, La Collette, , St. Helier, ,

 

Construction and operation of cell for disposal of asbestos waste. EIA Submitted.RE-ADVERTISED: Use of constructed landfill cell as a temporary holding/storage facility for asbestos waste, pending a periodic review of technology to assess formal disposal options.

 

Decision(s):

On the 4th September 2012, the Minister considered a written report which contained a Department recommendation to approve and resolved that he was minded to defer consideration of the application to allow officers of Transport and Technical Services (TTS) and Department of the Environment (DoE) to make further enquiries of other European jurisdictions, in particular France, as to long term disposal methods. In the meantime, the Minister recommended that TTS seek urgent advice from the Health and Safety Executive (HSE) in order to stabilise the existing storage containers in the short term.

 

Since that time, representatives of TTS, DOE and HSE have visited France and reported their findings to the Minister for Planning and Environment. These findings indicate that alternatives to the permanent disposal of asbestos in Cell 30 should continue to be sought but in the meantime, that the planning application should be determined as a matter of urgency.

 

The Minister for Transport and Technical Services has also amended the description of the planning application to acknowledge that Cell 30 will be used as a temporary holding/storage facility, pending a periodic review of technology to assess formal disposal options.

 

Given these actions, the Minister is now satisfied that his requirements have been undertaken and that the application can now be approved subject to the following conditions:

 

1. This permission shall be for a period of five years, by which date the use hereby permitted shall cease and the site reinstated to its previous condition in accordance with a scheme of work to be submitted to and approved by the Minister for Planning and Environment. The scheme shall be approved prior to the commencement of the development.

 

To enable the Minister for Planning and Environment to assess the impact of, and give further consideration to this use at the expiration of this permission having regard to the circumstances existing at the time in accordance with the requirements of Policies GD 1 and WM 2 of the Adopted Island Plan 2011.

 

2. The development shall be carried out strictly in accordance with the deposited plans and drawings except as required by the terms of Condition 7 below.

 

For the avoidance of doubt and in accordance with the requirements of Policy GD 1 of the

Adopted Island Plan 2011.

 

3. Documentation in respect of work undertaken to demonstrate that alternative recovery/disposal options for the asbestos waste held in Cell 30 are being investigated by the Minister for Transport and Technical Services, together with the costings and logistics associated with such investigations, shall be submitted to and approved in writing by the Minister for Planning and Environment for information and monitoring on an annual basis. Prior to any asbestos waste first being transferred to Cell 30 from its current location, a date for the annual submission of the required documentation shall be agreed in writing by the Minister for Planning and Environment and thereafter maintained as such.

 

To ensure that a regular review of potential alternative recovery/disposal options are investigated as required by the Minister for Planning and Environment and in accordance with the requirements of Policy WM 2 of the Adopted Island Plan 2011.

 

4. Before any development first commences on site, precise details of the proposed boundary treatment arrangements (to include materials details and finishes) to serve the new development, together with details of the proposed portacabin and any other required structures required in connection with the operations shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full and shall be retained and maintained a such. 

 

To safeguard the character and appearance of the area in accordance with the requirements of Policy GD 1 of the Adopted Island Plan 2011.

 

5. Before any development first commences on site, precise details of the proposed remedial

works (including timetable) for the site cleared of steel containers following the removal of

asbestos shall be submitted to and approved in writing by the Minister for Planning and

Environment. The approved scheme shall be implemented in full following the removal from

site of all structures and following the requirements of Condition 4 below and shall thereafter

be retained and maintained as such.

 

To safeguard the character and appearance of the area in accordance with the requirements of Policy GD 1 of the Adopted Island Plan 2011.

 

6. Prior to the approved after use of the site being formally implemented an investigation of the site now cleared of all steel containers, shall be undertaken to quantify the type, extent and concentration of any soil contamination which may exist. The investigation shall be undertaken in accordance with a brief which shall first be agreed in writing with the Minister for Planning and Environment. The results of the investigation shall be provided to the Minister for Planning and Environment and shall include recommendations for a scheme of remediation and foundation design, protection and implementation. The approved scheme shall be implemented in full and written evidence to confirm completion of the work provided to the Minister for Planning and Environment.

 

To ensure that the site is fully remediated before development takes place and that any proposed buildings are suitably protected in accordance with the requirements of Policy GD 6 of the Adopted island Plan 2011.

 

7. This permission does not purport to grant consent for the details contained in the Disposal Outline Environmental Management Plan dated November 2012 (States Ref: P 2010 1861 Drawing H). Before any work first commences on site, a revised Environmental Management Plan shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved plan which shall include revised details following the grant of the Waste Management Licence to cover management arrangements for the removal of the asbestos waste from the shipping containers shall be undertaken in full and retained and maintained as such.

 

For the avoidance of doubt and in accordance with the requirements of Policies GD 1 and WM 1 of the Adopted Island Plan 2011.

 

Reason(s) for Decision:

The Minister has decided to determine this application as it constitutes a development of strategic importance.

 

The proposed development is considered to be acceptable having due regard to all of the material considerations raised. In particular, the development has been assessed against Policies SP 1; SP 2; SP 3; SP 4; SP 7; GD 1; GD 6; GD 7; BE 4; SC0 5; WM 2; WM 11 of the Adopted Island Plan 2011 and the Jersey Solid Waste Strategy 2005. In this case, the proposed development is regarded as acceptable having balanced an assessment of the objectives of the various policies in relation to the complete package of the development proposal.

 

Resource Implications:

None

 

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

Deputy R C Duhamel

PLeg / AS Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

Our sites
Back to top
rating button