Field 273A, La Petite Sente, St. Clement: Planning Application Fee: Waiving of retrospective element of fee

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A decision made 13 April 2015:

Decision Reference: MD-PE-2015-
Decision Summary Title:	Waiving of Planning Applications Fee		Date of Decision Summary:	9 April 2015
Decision Summary Author:	Director of Development Control		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	Director of Development Control
Written Report Title:	Waiving of Planning Application Fee		Date of Written Report:	9 April 2015
Written Report Author:	Director of Development Control		Written Report : Public or Exempt?	Public
Subject: Waiving part of the fee for a retrospective planning application at Field 273A La Petite Sente, St Clement.
Decision(s): The Minister decided to waive the retrospective element of the fee due for the change of use of the field for temporary parking.
Reason(s) for Decision: The applicant was advised by the Parish that an application was not required. However when investigated by the Compliance Team, it was confirmed that an application was required to be submitted under the Planning and Building (Jersey) Law 2002. As the field had already been used for parking, due to Houze Construction acting upon the advice of the Parish, the Minister considers that it would be unreasonable to charge the retrospective element of the fee totalling £345.00.
Resource Implications: The loss of £345.00 in planning income.
Action required: Inform the applicant that the total fee to be paid for the application is £345.00
Signature: Deputy S Luce		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Field 273A, La Petite Sente, St. Clement: Planning Application Fee: Waiving of retrospective element of fee

DEPARTMENT OF THE ENVIRONMENT

Waiving of Planning Application Fee

(Public)

Purpose of the Report

The purpose of this report is to recommend that the Minister for Planning and Environment waives the retrospective element of the fee due for a planning application at Field 273A La Petite Sente, St Clement.

Background

The Department was investigating the matter following a complaint when it was established that the field was being used for construction parking. The change of use of land had not been approved and thus a breach in Development Control was confirmed.

Discussion

Advice was given by the Parish that no planning permission would be required to use the field on a temporary basis for construction parking. Although the applicant had been incorrectly advised, a breach of development control had occurred and thus a retrospective application is required to regularise the breach.

Houze Construction have co-operated with the Department in the submission of a retrospective application to regularise the current breach in Development Controls.

The Planning and Building (Fees) (Jersey) Order 2008 Article 2 (2) states that “Where an application for planning permission is made under Article 20 of the Law (application where development already undertaken) the fee payable is double the fee payable under paragraph (1).”

The fee payable for the application at the above property is £345.00. However as the application is retrospective, the fee payable is double, being £690.00.

The applicant, having been informed of the fee payable, has requested that the retrospective fee be waived as they were advised by the Parish that an application would not be required.

Conclusion

The applicant requests that retrospective element is waived for the application at Field 273A La Petite Sente, St Clement.

Recommendation

The Minister is recommended to waive the retrospective element of the fee totalling £345.00 due for an application for the change of use of land at Field 273A La Petite Sente, St Clement.