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A decision made on 25 October 2010 regarding an amendment to Reg's Skips Limited - Planning Applications (R/118/2010): Compensation and Further Action (P130/2010)

Decision Reference: MD-PE-2010-0109
Decision Summary Title	P130/2010 - Reg’s Skips Ltd – Planning Applications (R118.2010) Compensation and Further Action and Amendments,		Date of Decision Summary:	18 October 2010
Decision Summary Author:	Andrew Scate, Chief Officer Planning and Environment		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	Andrew Scate
Written Report Title	P130/2010 - Reg’s Skips Ltd – Planning Applications (R118.2010) Compensation and Further Action and Amendments,		Date of Written Report:	18 October 2010
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: Amendment to P130/2010 - ex gratia payments following the Committee of Inquiry into Reg’s Skips
Decision(s): The Minister for Planning & Environment lodged a comment to P130/2010 and requested it be presented to the States Assembly forthwith
Reason(s) for Decision: To enable the States Assembly to endorse the Minister’s desire to make the ex gratia payments as recommended by the Committee of Inquiry Report dated 16th September 2010, States Assembly reference R118/2010, and therefore to provide legal authority for the Minister to make these payments.
Resource Implications: The funding for these payments will be found from within existing revenue budgets for 2010 by reprioritisation existing work streams..
Action required: That the amendment is lodged au greffe
Signature: Senator T Le Sueur (in the absence of Senator FE Cohen		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Reg's Skips Limited - Planning Applications (R/118/2010): Compensation and Further Action (P130/2010): Amendment

AMENDMENT REPORT P130/2010

REPORT

I have carefully considered the findings of the Committee of Inquiry (R118/2010) received on the 16th September 2010 and the recommendations for compensation contained therein.

I accept the recommendations for making an ex gratia payment of £157,000 to Mr and Mrs Pinel, the proprietors of Reg’s skips Ltd and for making an ex gratia payment of £3,347, to Mr C Taylor, the owner of Heatherbrae Farm, St. John.

I have written to both Mr and Mrs Pinel and to Mr Taylor on stating my intent and this was discussed in person with them by the Chief Officer of Planning and Environment on the 8th October. I have signed a Ministerial Decision dated 7th October 2010 to give effect to this decision.

The Planning and Building (Jersey) Law 2002 sets out what the Minister can and cannot pay in terms of compensation that might arise in a planning case. It is clear that the principle of making an ex gratia payment in compensation to cover legal costs as outlined in the Committee of Inquiry report would not fall within the provisions of that law and therefore I am seeking the formal approval of the States Assembly before making this type of payment.

I am therefore lodging this proposition seeking the approval of the States to enable the payment of the two ex gratia payments specified above.

Financial and Manpower Implications

The sum of £160,347 will be initially sought from within existing Planning and Environment revenue budgets for 2010. I have instructed the Chief Officer for Planning and Environment to affect the necessary reprioritisation changes within the budgets for 2010.

SENATOR F E COHEN