Heatherbrae Farm, Rue de la Chesnaie, St. John

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A decision made (09.01.07) to refuse the request to alter permission and issue Enforcement Notice for Heatherbrae Farm, Rue de la Chesnaie, St. John.

Subject:	Heatherbrae Farm, La Rue de la Chesnaie, St. John REQUEST to alter permission to allow mechanical sorting and to extend working hours.
Decision Reference:	MD-PE-2007-0128	Exempt clause(s):		n/a
Type of Report (oral or written):	Oral	Person Giving Report (if oral):		Mike Porter, Elizabeth Ashworth, Paul Nichols
Telephone or e-mail Meeting?	n/a	Report File ref:		P/2005/0423
Written Report Title:	REQUEST to alter permission to allow mechanical sorting and to extend working hours.	Written report – Author:
Decision(s) The Minister refused the request to alter this permission and advised that an Enforcement Notice should be issued Article 40(2) of the Planning and Building (Jersey) Law, 2002
Reason(s) for decision: Following investigations by Environmental Health it has been proven that both hand sorting and mechanical sorting of skips results in an unacceptable noise nuisance. The use in its entirety should cease as it is unlikely that the operation can be made to comply with acceptable noise levels that would not cause a nuisance to neighbouring residential occupiers. The hours of operation of ‘Reg’s Skips Limited’ should be limited to those authorised in condition 4 of planning permit P/2005/0423.
Action required: Letter to applicant & Issue Enforcement Notice under Article 40(2) of the Planning And Building (Jersey) Law, 2002;
Signature: (Minister)			Date of Decision: 09.01.07

Heatherbrae Farm, Rue de la Chesnaie, St. John - refusal to alter permission

Planning and Environment Department

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Mr & Mrs R Pinel

Reg’s Skips Limited

6 Le Pres des Chenes

La Route du Mont Mado

St John

JE3 4BF

File: P/2005/0423

10th January 2007

PLANNING AND BUILDING (JERSEY) LAW 2002

(as amended)

NOTICE

1. THIS IS A FORMAL NOTICE issued by the Minister for Planning and Environment ("the Minister") pursuant to the powers conferred on him by Article 40(2) of the Planning and Building (Jersey) Law, 2002;

2. The Minister, on the 9th January 2007, considered the unauthorised intensification of the commercial sorting of mixed skips by the company named ‘Reg’s Skips Limited’, together with the unauthorised increase in permitted operating hours and the use of a mechanical digger to assist in the sorting of skips.

3 THE MINISTER HEREBY GIVES YOU NOTICE TO CARRY OUT THE FOLLOWING WORKS: To cease the employment of a mechanical digger in connection with the company’s sorting of mixed skips. To cease the said intensification of operations and reduce the quantity of skip sorting to that described within condition 1 of planning permit P/2005/0423. Limit the hours of operation of ‘Reg’s Skips Limited’ to those authorised in condition 4 of planning permit P/2005/0423.

Note (For your assistance a copy of permit P/2005/0423 in attached to this notice)

4. THE LAND AFFECTED:

Heatherbrae Farm

La Rue de la Chesnaie

St. John

5. By the: 8th February 2007

6. WHAT WILL HAPPEN IF THIS NOTICE IS NOT COMPLIED WITH: In accordance with Article 44 of the aforesaid Law, papers will be dispatched to the Law Officers’ Department for the purpose of prosecution against you.

7. WHAT YOUR RIGHTS ARE: In accordance with Article 117 of the aforesaid Law, you may appeal to the Royal Court, within 28 days of the serving of this notice.

SIGNED:________________________________Mr M Porter (Enforcement Officer)

For and on behalf of the Minister for Planning and Environment