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Access onto the Highway: Standards and Guidance: Document Approval

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.

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  • 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

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A decision made 6 September 2019

Decision Reference: MD-T-2019-0048

Decision Summary Title :

Access onto the Highway – Standards and Guidance

Date of Decision Summary:

03 September 2019

Decision Summary Author:

Senior Transport Planner

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Access onto the Highway – Standards and Guidance

Date of Written Report:

03 September 2019

Written Report Author:

Senior Transport Planner

Written Report :

Public or Exempt?

Public

Subject: To approve the document ‘Access onto the Highway – Standards and Guidance’ for publication on the gov.je website.

 

Decision(s):  The Minister approved the document ‘Access onto the Highway – Standards and Guidance’ for publication on the gov.je website and for the document to be used as the basis for officer responses to developments and planning applications.

 

Reason(s) for Decision:  To ensure works which are carried out on, below or adjacent to the public highway are carried out to the Department’s specifications.

 

Resource Implications:  None

 

Action required:  Officers to arrange to upload the technical document onto gov.je

 

Signature:

 

 

Position:

Minister for Infrastructure

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Access onto the Highway: Standards and Guidance: Document Approval

DEPARTMENT FOR GROWTH, HOUSING AND ENVIRONMENT

 

ACCESS ONTO THE HIGHWAY – STANDARDS & GUIDANCE

 

 

 

Purpose of the Report

 

To request the Minister approve the document ‘Access onto the Highway – Standards & Guidance’ for publication on the gov.je website.

 

This new document will form the basis of Growth, Housing and Environment’s (GHE) comments as a statutory consultee (as a highway authority) on Planning Applications.

 

 

Background

 

Members of the public and developers have been using the technical document ‘Access Standards for Small Housing Developments – A Technical Guide for the Preparation of Planning Applications’ for help and assistance in preparing their planning applications which involve work on or near to the public highway.

 

‘Access Standards for Small Housing Developments’ was issued in October 2016. This new document, the successor to the 2016 document, takes into account industry best practice, the emergence of the Road Works and Events (Jersey) Law 2016 and operational requirements of GHE as a highway authority. It builds on its predecessor based on feedback from planners, developers and members of the public.

 

 

Discussion

 

Access Standards for Small Housing Developments was compiled to assist developers and householders in completing planning applications where there was an impact on the public highway. It is published in the planning section of the gov.je website in the following location:

 

https://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20SD%20Access%20onto%20the%20Highway%20-%20Standards%20%20Guidance%20August%202019%20ISSUED.pdf

 

The new document addresses issues with the old document by providing greater clarity and has used standards based on best practice from other jurisdictions, modified to suit Jersey’s unique built environment constraints. It contains new sections outlining details on the process and licences required for works to comply with the Road Works and Events (Jersey) Law 2016.

 

Within the new document, work on single dwellings has been separated out from works on larger developments, making it easier for members of the public who carry out small-scale works to find the correct information.

Under the Planning and Building (Jersey) Law 2002, planning conditions cannot be set for works outside of the applicant’s curtilage. In some historical instances, this has led to damage to the public highway. The damage then has to be repaired at the public’s expense.

 

The Roadworks and Events (Jersey) Law 2016 came into force in 2018. This law has the appropriate legal mechanism to ensure compliance with the specifications in the technical guide. People developing land will also have a duty to inform both the Streetworks and Infrastructure Departments when work is being carried out on or adjacent to the public highway.

 

 

 

Conclusion

 

The technical document will help developers and private residents to comply with the Department’s technical specifications and the new law.

 

 

Recommendation

 

The Minister is recommended to approve the document ‘Access onto the Highway – Standards and Guidance’.

 

Reason(s) for Decision

 

To ensure a consistency of approach towards comment on planning applications and to ensure works carried out on, below or adjacent to the public highway are carried out to the Department’s specifications.

 

 

Resource Implications

 

None

 

 

Action Required

 

Officers to arrange to upload the technical document onto the appropriate section of the web site.

 

 

 

Written by:

Senior Transport Planner

 

 

Approved by: 

Director of Transport

 

 

Attachments

Access onto the Highway – Standards and Guidance July 2019

 

 

 

 

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