Langley House, Rectory Lane, St Saviour: Planning Application (P/2018/1796): Appeal decision

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A decision made on 13 November 2019

Decision Reference: MD-PE-2019-0072			Application Reference: P/2018/1796
Decision Summary Title:	Appeal Decision – Langley House, Rectory Lane, St Saviour (P/2018/1796)		Date of Decision Summary:	04 November 2019
Decision Summary Author:	Principal Policy Planner – Strategic Policy, Performance & Population		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Inspector’s Report- Langley House		Date of Written Report:	31 July 2019
Written Report Author:	Linda Wride Dip TP, MRTPI Planning Inspector		Written Report : Public or Exempt?	Public
Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to grant planning permission for; “Construct 1 No. five bed dwelling with integral one bed staff unit. Form vehicle access on to Rectory Mews” at Langley House, Rectory Lane, St Saviour (P/2018/1796)
Decision: The Minister allowed the appeal and refused to grant planning permission, reference P/2018/1796, for the following reason: The scale of the proposed development in such close proximity to a Grade 3 Listed Building, Langley House, would present a visually dominant addition to, and adversely affect, the setting of the Listed Building. The proposal would not, therefore, serve to preserve or enhance the setting of the Listed Building and is contrary to policies SP4 and HE1 of the Jersey Island Plan 2011 (Revised 2014).
Reason for Decision: The Minister gave full consideration to the Inspector’s report and appreciated the balanced way in which the various issues raised by the appeal were approached and assessed by the Inspector. The Minister also noted the concern of the Inspector that the proposal would not accord with Policy HE1 but that there is, in the Inspector’s assessment, sufficient justification to override the provisions of Policy HE1 given the Island Plan’s presumption in favour of allowing new housing within the Built-up Area; the need to deliver sustainable development; and, the need to achieve the highest possible density of development. However, the Minister considered that any such presumption in favour of new development within the Built-up Area did not, necessarily, override the need to satisfy criteria that may be required by other Plan policies. In this instance, the need to preserve or enhance the spaces about Listed Buildings and the clear presumption given by Policy HE1 in favour of the preservation of the architectural and historic character and integrity of Listed Buildings and places and their settings were important material considerations. The Minister did not consider that any potential benefit accruing from the approval of the proposed development would outweigh the adverse impact on the setting of the Listed Building. Consequently, the Minister did not accept the Inspector’s recommendation that planning permission should be granted.
Resource Implications: None.
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy John H Young		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):