Ashton Villa, 106 Rouge Bouillon, St. Helier

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A decision made (27/11/2007) regarding: Planning and Building (Jersey) Law, 2002 (Enforcement Notice) - Ashton Villa, 106 Rouge Bouillon, St. Helier.

Subject:	Planning and Building (Jersey) Law, 2002 (Enforcement Notice)
Decision Reference:	MD-PE-2007-0287	Exempt clause(s):		n/a
Type of Report (oral or written):	Written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		CMP/2007/00365
Written Report Title:	Enforcement Report No. ECR/2007/00019	Written report – Author:		David Le Sueur
Decision(s) The Minister directed that an Enforcement Notice be served on the owners of Ashton Villa, No.106, Rouge Bouillon, St. Helier, in accordance with the provisions of Article 40 (2) (a) (b) and (c) Planning and Building (Jersey) Law 2002, for various works to be removed or satisfactorily completed.
Reason(s) for decision: There have been breaches of development control in that prescribed work has been undertaken:- a). without building permission; or, b). with building permission but in contravention of that permission or a provision of the Building Bye-Laws.
Action required: Enforcement Officer to serve notice.
Signature: (Minister)			Date of Decision:

Ashton Villa, 106 Rouge Bouillon, St. Helier - enforcement notice

Report Summary

Subject

Enforcement Notice:

Ashton Villa, 106,

Rouge Bouillon,

St. Helier

Compiled by:

David Le Sueur

File ref:

CMP/2007/00365

ENF/2007/00019

Date:

21/11/2007

In January 2005 Planning and Building applications were received by the Department for works to be undertaken at Ashton Villa, No. 106, Rouge Bouillon, St. Helier. These applications were subsequently approved.

In January 2007 Miss S. Read, Building Control Surveyor learnt that the works at Ashton Villa had been completed and the premises occupied. This despite the fact that certain structural drawings had not been submitted, and, that a Building Control Surveyor had not had access to inspect the works.

Miss Read eventually gained access to the premises in July 2007 and discovered that a door had been created on the first floor giving access to a flat roof that had been converted into a balcony. She also found that fire doors had not been fitted to certain openings on the halls and landings of the building.

These matters are breaches of development control in that:-

i/. In the case of the creation of the balcony and opening, prescribed building works have been undertaken without building permission (Article 39 (3)(a) Planning and Building (Jersey)(Law, 2002.)

ii/. In respect of the failure to fit fire doors as per the Approved Plans, prescribed building work has been undertaken with building permission but there has been a contravention of that permission or any applicable provision of the Building Bye-Laws (Article 39 (4) (b) Planning and Building (Jersey)(Law, 2002.)

The Building Control Department has attempted to secure the owners compliance, but without success. It is therefore requested that an Enforcement Notice be served in order to remedy this situation by requiring that the following steps be taken by the owner:-

i). The removal of the un-authorised balcony on the roof of the ground floor study, cloakroom and hall;

and,

ii). The closing of the opening created through the external wall on the first floor landing, and giving access to the above roof, using materials and a method approved by the Building Control Department and compliant with the Building Bye-Laws;

and,

iii/. The fitting of fire doors to the openings as per the Approved Building Drawings (B/2005/0078C)

D.G. Le Sueur

Enforcement Officer

P. Nichols

Chief Executive Officer

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Chief Executive Officer: Paul Nichols BA (Hons), MSc, MRTPI. Director of Planning: Peter Thorne, M.R.T.P.I., M.C.M.I

MEMO

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Chief Executive Officer: Paul Nichols BA (Hons), MSc, MRTPI. Director of Planning: Peter Thorne, M.R.T.P.I., M.C.M.I