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Planning and Building (Amendment of Law) (Jersey) Regulations 201- (P.2/2015): Amendment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 February 2015:

Decision Reference: MD–PE-2015-0013

Decision Summary Title:

Amendments to P.2/2015 - Planning and Building (Amendment of Law) (Jersey) Regulations 201-  

Date of Decision Summary:

 4 February 2015

Decision Summary Author:

Planning Performance Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Planning Performance Manager

Written Report

Title:

Amendments to P.2/2015 - Planning and Building (Amendment of Law) (Jersey) Regulations 201-

 

Date of Written Report:

4 February 2015

Written Report Author:

Planning Performance Manager

Written Report :

Public or Exempt?

 

Public

Subject:  

Amendments to P.2/2015 - Planning and Building (Amendment of Law) (Jersey) Regulations 201-

 

Decision(s):

The Minister approved and decided to lodge proposed amendments to P.2/2015 as detailed in the attached report so as to amend the Draft Planning and Building (Amendment of Law)(Jersey) Regulations 201-

 

Reason(s) for Decision:

Since lodging P.2/2015 there has been a realisation that the parameters of any appeal to the Royal Court under Article 12 or Article 116 of the Law as amended would be best addressed through amendments to the Regulations.

Additionally a consequential amendment to the Law in Article 50 had not been identified.

 

Resource Implications:-

There are no implications expected for the financial and manpower resources of the States arising from the adoption of these Draft Regulations.

 

Action required:

Request that the Greffier of the States takes the necessary action to lodge the amendment to P.2/2015 au Greffe in order to be included in the States’ debate of P.2/2015 on 24 February 2015.

Signature:

 

Deputy S Luce

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Hide report
Planning and Building (Amendment of Law) (Jersey) Regulations 201- (P.2/2015): Amendment

 

 

DRAFT PLANNING AND BUILDING (AMENDMENT OF LAW) (JERSEY) REGULATIONS 201-

AMENDMENT BY THE MINISTER FOR PLANNING AND ENVIRONMENT

 

REPORT

 

On 4 July 2014 the States approved P.94/2014 Planning and Building Law (Amendment No.6) to allow the introduction of an independent merits based appeal process for decisions and actions taken under the Law. The Law was registered in the Royal Court on 7 October 2014

 

Appeals against decisions and actions taken under the Law are to be considered by an independent inspector and will then report to the Minister for Planning and Environment who will make the final appeal decision. This will involve the Minister being removed from most first tier decision making roles. Bringing the changes into force required consequential amendments to remove the Minister from first tier decisions in the vast majority of decisions. These amendments are set out in the P.2/2015 – draft Planning and Building (Amendment of Law) (Jersey) Regulations 201-

 

As well as making appeal decisions the Minister will still determine applications for planning permission which have been subject to a public inquiry which are held for proposals which are likely to have a significant effect on the interests of Jersey or which are not insubstantial departures from the Island Plan. For both appeal decisions and for decisions following a public inquiry there is a right of appeal to the Royal Court on a point of law over the decision.

 

There was an intention to amend the Royal Court Rules to enable the appeals to the Court to proceed – as indicated by amended Article 116(6) – but since lodging P.2/2014 there has been a realisation that the parameters of any appeal to the Royal Court will be best addressed through amending the Regulations as indicated below.

 

Article 12

 

There is an appeal to the Royal Court for applications determined by the Minister following a public inquiry. Amendments are proposed which clarify that any such appeal will be on a point of law along with clarification of the period within which to bring an appeal and what the Royal Court can do when asked to consider an issue. There is also clarification as to who can bring an appeal reflecting the appeal procedures for an appeal arising from a decision on an application for planning permission not determined by the Minister.

 

Article 116

 

Amendments to the Regulations are proposed which set out the time limit within which an appeal against the Minister’s decision on an appeal must be brought and what the Royal Court can do with a case it is asked to consider.

 

It has also been noted that the original P.2/2015 had not identified a necessary consequential amendment in relation to the interpretation in Part 6 of the Law. In Article 50 the Minister had been retained as the person responsible for maintaining a List of Sites of Special Interest. This responsibility is to be transferred to the Chief Officer and as such the following amendment is proposed.

 

Article 50

 

The Regulations elsewhere (in Article 51) make the responsibility of maintaining a List of Sites of Special interest that of the Chief Officer. The proposed amendment recognises the change in responsibility.

 

Resource Implications:-

 

There are no implications expected for the financial and manpower resources of the States arising from the adoption of the amendment to the Draft Regulations.

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