Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

12 - 18 Hilgrove Street, 8 - 12 Halkett Street, St. Helier: Planning Application (P/2013/0734): Determination of Minister

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 17 February 2014:

Decision Reference:   MD-PE-2014-0011

Application Number:  P/2013/0734

(If applicable)

Decision Summary Title :

12-18 Hilgrove Street, 8-12 Halkett Street, , St. Helier

Date of Decision Summary:

13 February 2014

Decision Summary Author:

 

Principal Planner

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

P/2013/0734

Date of Written Report:

 

Written Report Author:

John Nicholson

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  , 12-18 Hilgrove Street, 8-12 Halkett Street, , St. Helier, Jersey, JE2 4WJ

 

Demolish facades of 12 and 14 Hilgrove Street. Construct new three storey retail unit and 1 No. 1 bedroom flat.

 

Decision(s):

At the public Ministerial Meeting of 18 December 2013 the Minister heard the above planning application and resolved to approve the application (subject to a Planning Obligation Agreement) contrary to the recommendation of the Department. As such, the Reasons for Approval and the conditions (and reasons) to be included on the decision notice have now been drafted, and are confirmed by the Minister as:

 

  1. Prior to the commencement of development full details (including samples) of the external materials (including timber windows, canopies, mouldings, lanterns, rainwater goods, roof, elevations and any further aspects of the shopfronts) shall be submitted to and approved in writing by the Minister for Planning and Environment, to be thereafter implemented in full prior to first occupation and maintained in perpetuity.

    In the interests of delivering a high quality design in accordance with Policies SP7 and GD7 of the Jersey Island Plan 2011.
     
  2. Prior to the commencement of any work on site the applicant shall submit details of all proposed plant and equipment proposed to service the development, including the proposed locations. Any externally audible equipment e.g. condenser units or other plant must comply with NR35 night time and NR45 daytime measured 1 metre from the façade of any habitable accommodation.

    To protect the existing and proposed residential amenity in accordance with Policy GD1 of the Jersey Island Plan 2011.
     
  3. The flat as indicated on the second floor shall only be accommodation for a full time manager or other full time member of staff employed in the retail unit hereby approved.

    For the avoidance of doubt and in the interests of residential amenity to ensure compliance with Policy H9 of the Jersey Island Plan 2011.
     
  4. All servicing of the retail unit hereby approved shall only be between 6am - 10am daily.

    In the interests of the amenity of the area and to ensure adequate service infrastructure in accordance with Policy GD1 of the Jersey Island Plan 2011.
     
  5. Prior to the commencement of development, details shall be submitted to and approved by the Minister for Planning and Environment, to provide a Construction Environmental Management Plan to be thereafter implemented and maintained until completion of the development. The Construction Environmental Management Plan shall include:
    A. A demonstration of compliance with best practice in relation to noise and vibration control, and control of dust and emissions;
    B. Details of a publicised complaints procedure, including office hours and out-of-hours contact numbers;
    C. Specified hours of working.

    In the interests of protecting the amenities of the area generally and to accord with of Policy GD1 of the Jersey Island Plan 2011.
     
  6. Prior to the commencement of development, full Building Recording of the structure to be removed shall be undertaken, to a Brief to be first submitted to and approved in writing by the Minister for Planning and Environment, to include for the up-dating of the Standing Building Survey / Report as submitted in relation to P/2006/2367 to include final images and the building facades.

    To accord with Policy HE1 and HE5 of the Jersey Island Plan 2011.
     
  7. Prior to the commencement of development, an archaeological assessment of the whole site shall be undertaken, to a Brief to be first submitted to and approved in writing by the Minister for Planning and Environment.

    To accord with Policy HE1 and HE5 of the Jersey Island Plan 2011.

 

Reason(s) for Decision:

Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received.   It is considered that the grant of permission as a suitable exception to Policies GD1, SP4 and HE1 of the Jersey Island Plan 2011 is justified in this instance having regard to all the circumstances of the case. In particular the comprehensive nature of the application in the context of a complex planning history whereby significant elements of the heritage assets have already been lost, and the exceptionally high quality design of the replacement in the context of the established street scene.

Resource Implications:

None

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

Deputy R C Duhamel

PLeg / AS Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

Back to top
rating button