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52a Clos des Sables, St Brelade (P/2018/0171): Appeal Decision

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 4 February 2019

Decision Reference:    MD-PE-2019-0012

Decision Summary Title:

Appeal Decision – 52a Le Clos des Sables, St Brelade (P/2018/0171)

Date of Decision Summary:

29 January 2019

Decision Summary Author:

Principal Planner (Strategy & Innovation)

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 – 52a Le Clos des Sables, St Brelade

Date of Written Report:

Undated

Written Report Author:

Jonathan King BA(Hons), DipTP, 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 at 52a Le Clos des Sables, St Brelade JE3 8GJ.

 

Decision:

The Minister dismissed the appeal under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; “Construct 1 No. two bed dwelling with associated parking and landscaping to East of site” and granted planning permission subject to the following conditions:

 

1. The development shall commence within three years of the decision date.

 

Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. 

 

2.  The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission.

 

Reason: To ensure that the development is carried out and completed in accordance with the details approved.

 

3. Notwithstanding the provisions of the Planning and Building (General Development)(Jersey) Order 2011, or any amendment to or replacement of that order, no works involving the erection of a building, extension, structure, conversion of garages or lofts on the drawings approved with this permission is permitted without the prior written approval of the Department for Growth, Housing and Environment.

 

Reason: The form, design and layout of the site is considered to require additional controls to safeguard the character and visual amenities of the area and to ensure that adequate private amenity space is retained within the curtilage of the dwelling in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

4. No development shall commence until a scheme detailing the drainage of surface water from the development has been submitted to and approved in writing by the Department for Growth, Housing and Environment, and thereafter carried out as approved prior to occupation of the dwelling. Notwithstanding the provisions of the Planning and Building (General Development)(Jersey) Order 2011, or any amendment to or replacement of that order, any permeable paving included in such a scheme shall not be replaced without the prior approval of the Department for Growth, Housing and Environment.

 

Reason: To ensure that the site is adequately drained in accordance with Policy LWM3 of the Adopted Island Plan 2011 (Revised 2014).

 

5. The dwelling hereby permitted shall not be occupied until such time as a scheme of landscaping, including means of enclosure, has been submitted to and approved in writing by the Department for Growth, Housing and Environment. The scheme shall be carried out in accordance with the approved details within one year of the occupation of the dwelling.

 

Reason: To safeguard the amenities of neighbouring residents in accordance with Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

 

 

Reason for Decision:

 

The Minister agreed with the recommendation of the Inspector.

 

Resource Implications:-

None

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

Deputy J Young

 

 

 

 

 

Position:

Minister

Date Signed:

 

 

 

 

 

Date of Decision (If different from Date Signed):

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