Le Rocher Rouge, Les Ruisseaux, St. Brelade: Appeal Decision RP/2020/0474

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A decision made on 31 August 2021

Decision Reference: MD-PE-2021-0028			Application Reference: RP/2020/0474
Decision Summary Title:	Appeal Decision – Le Rocher Rouge, Les Ruisseaux, St Brelade		Date of Decision Summary:	17 May 2021
Decision Summary Author:	Principal Policy Planner – Strategic Policy, Planning and Performance		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 -Le Rocher Rouge		Date of Written Report:	14 May 2021
Written Report Author:	D A Hainsworth LL.B(Hons) FRSA Solicitor- 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, RP/2020/0474, for “REVISED PLANS to P/2019/1647 (Construct 1 No. 3 bed dwelling with associated ancillary structures, parking and landscaping): Extend ground floor level to North elevation. Create roof terrace. Various external and internal alterations to include install 2 no. windows to West elevation and 2 no. windows to South elevation” at Le Rocher Rouge, Les Ruisseaux, St Brelade JE3 8DD
Decision: The Minister allowed the appeal and refused to grant planning permission, reference RP/2020/0474, for the following reason: 1. The proposed development, by virtue of the extent and proximity of roof terrace to nearby residential properties, would be likely to result in an unacceptable impact upon the amenities of nearby residents as a result of noise, general disturbance and loss, or perceived loss, of privacy. The proposal is, therefore, contrary to Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).
Reason for Decision: The Minister gave full consideration to the assessment and recommendation of the Inspector as detailed in his report to the Minister. However, the Minister also considered that the proposed roof terrace, which would create a significant area of outdoor living space, would be in such close proximity to the neighbouring home and its principal rooms that the use of the terrace would be likely to result in unacceptable levels of noise and general disturbance to occupiers of that home.
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):