Government of Jersey

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A decision made (26.06.07) to approve planning permission with conditions for plot 2, Field 522, Rue Militaire, St. Ouen.

Subject:	Field 522, St Ouen Retrospective: Install 2no. windows to north elevation of plot 2.
Decision Reference:	MD-PE-2007-0161	Exempt clause(s):		n/a
Type of Report (oral or written):	Written and oral	Person Giving Report (if oral):		Sara Marsh (Mrs). RIBA.
Telephone or e-mail Meeting?	n/a	Report File ref:		P/2006/2813
Written Report Title:	Request for re-consideration of Refusal of Planning Permission	Written report – Author:		Sara Marsh (Mrs). RIBA.
Decision: Approve provided that the windows shall be obscure glazed and fixed shut permanently.
Reason(s) for decision: The windows shall be obscure glazed and fixed shut permanently.
Action required: Issue permit and advise interested parties
Signature: (Minister)			Date of Decision: 26th June 2007

Field 522, Rue Militaire, St. Ouen - approval with conditions

Application Number: P/2006/2813

Request for Reconsideration Report

Site Address	Field 522, La Rue Militaire, St. Ouen.

Requested by	Stonebridge Ltd	Agent	Stonebridge Ltd

Description	RETROSPECTIVE: Install 2 No. windows to north elevation. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED


Reasons	1. The unauthorised windows result in a loss of privacy and amenity to the neighbouring properties to the north, contrary to the requirements of policy G2 of the Jersey Island Plan 2002. 2. The windows will result in a a loss of privacy and amenity to the neighbouring properties to the north contrary to the requirements of Poicy H8 of the Jersey Island Plan, 2002.

Determined by	Sub Committee Refusal

Date	07/03/2007

Zones	Built Up Area Water Pollution Safeguard Area

Policies	G2, G3, H8, NR2

Recommendation

MAINTAIN REFUSAL

Comments on Case	Both letters of representation with regard to the retrospective application call for the windows to be removed or at the very least altered to ensure no overlooking and that they should be fixed permanently shut. It is at the Minister discretion as to which option is considered acceptable. The decision should be considered in light of the fact that neither the original or revised application had first floor windows to this elevation. However if these buildings had been pre-existing and had merely undergone internal alteration would it be reasonable to deny natural light to these rooms provided that such windows could not be opened and afford no view into the private amenity of the neighbouring property. As shown on the application the windows, whilst obscured still are annotated as side hung and therefore opening. In the light of previous recommendations the Case Officers feels that the original decision should be maintained.

Recommendation	MAINTAIN REFUSAL

Reasons	1. The unauthorised windows result in a loss of privacy and amenity to the neighbouring properties to the north, contrary to the requirements of policy G2 of the Jersey Island Plan 2002. 2. The windows will result in a a loss of privacy and amenity to the neighbouring properties to the north contrary to the requirements of Poicy H8 of the Jersey Island Plan, 2002.

Background Papers	1:2500 Site Plan Previous Officer Report to Panel including background papers. Letter of reconsideration from the applicant.

Endorsed by		Date