Gros Puits, Rue de la Fontaine, St. Saviour

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (26.10.06) to maintain refusal of planning permission for Gros Puits, Rue de la Fontaine, St. Saviour.

Subject:	Gros Puits, La Rue de la Fontaine, St. Saviour Construct extension to south-west elevation of existing shed. Change of use to sorting process for mixed load skips.
Decision Reference:	MD-PE-2007-0119	Exempt clause(s):		n/a
Type of Report (oral or written):	WRITTEN & ORAL	Person Giving Report (if oral):		M Jones
Telephone or e-mail Meeting?	n/a	Report File ref:		P/2006/0413
Written Report Title:	Request for re-consideration of Refusal of Planning Permission	Written report – Author:		M. JONES
Decision(s) Maintain Refusal
Reason(s) for decision: 1. The proposed waste transfer station created by the skip sorting business would be considered environmentally detrimental to the character of the area due to changes in the nature and intensity of use of the site contrary to Policy C6 of the Jersey Island Plan, 2002. 2. The proposed waste transfer station created by the skip sorting business will unreasonably affect the character and amenity of the area contrary to Policy G2 (i) of the Jersey Island Plan, 2002. 3.The proposed waste transfer station created by the skip sorting business will have an unreasonable impact on public health, and the environment by virtue of noise, vibration and dust contrary to Policy G2 (x) of the Jersey Island Plan, 2002. 4. The proposed waste transfer station created by the skip sorting business will lead to unacceptable problems of traffic generation, safety and parking contrary to Policy G2 (viii) of the Jersey Island Plan, 2002. 5. The proposed waste transfer station created by the skip sorting business will have an unreasonable impact on neighbouring uses and the local environment by reason of noise contrary to Policy WM3 of the Jersey Island Plan, 2002.
Action required: 3 month extension of time to find alternative premises – 9th Feb. 2007. Enforcement Action pending.
Signature: (Minister)			Date of Decision: 26.10.06

Gros Puits, Rue de la Fontaine, St. Saviour - maintain refusal

Application Number: P/2006/0413

Request for Reconsideration Report

Site Address	Gros Puits, La Rue de la Fontaine, St. Saviour.

Requested by	Mr. G. Pallot	Agent	ALLAN MILLER ARCHITECTS

Description	Construct extension to south-west elevation of existing shed. Change of use to sorting process for mixed load skips. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	1. The proposed waste transfer station created by the skip sorting business would be considered environmentally detrimental to the character of the area due to changes in the nature and intensity of use of the site contrary to Policy C6 of the Jersey Island Plan, 2002. 2. The proposed waste transfer station created by the skip sorting business will unreasonably affect the character and amenity of the area contrary to Policy G2 (i) of the Jersey Island Plan, 2002. 3. The proposed waste transfer station created by the skip sorting business will have an unreasonable impact on public health, and the environment by virtue of noise, vibration and dust contrary to Policy G2 (x) of the Jersey Island Plan, 2002. 4. The proposed waste transfer station created by the skip sorting business will lead to unacceptable problems of traffic generation, safety and parking contrary to Policy G2 (viii) of the Jersey Island Plan, 2002. 5. The proposed waste transfer station created by the skip sorting business will have an unreasonable impact on neighbouring uses and the local environment by reason of noise contrary to Policy WM3 of the Jersey Island Plan, 2002.

Determined by	Panel Refusal

Date	30/06/2006

Zones	Countryside Zone

Policies	G2, C6, 1C10, WM3

Recommendation

Maintain Refusal with Enforcement Action pending

Comments on Case	Letter from agent received Requesting a Reconsideration of the Panel’s decision of 30th June 2006 to construct an extension to the south-west elevation of the existing shed and a Change of Use to sorting process for mixed load skips. Current unauthorised sorting of skips still subject to pending enforcement action. The applicant states that the additional need for storing and sorting of skips on site is predominantly being driven by current States policies for re-cyling and waste collection. It is noted that little or no new information has been submitted to support the applicant’s argument to change the current recommendation of the Refusal Notice. Much of the content referenced in the Request for Reconsideration letter relates directly to alternative development options for ‘Gros Puits’. Both the applicant and the agent have met with the Director of Planning and case officer relating to the problems they are experiencing with the current sorting activities and possible relocation of the waste sorting business. One letter of objection submitted in relation to the Request for Reconsideration.

Recommendation	Maintain Refusal with Enforcement Action pending

Reasons	Please see above.

Background Papers	1:2500 Site Plan Letter from Agent + attachments A-C: 1st Sept. 2006 E:Mail from Agent – 13th Oct. 2006 Letter of representation – 11th October 2006 Health & Social Services Department – Environment Consultation comments - 8th June 2006

Endorsed by		Date