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A decision made 10 December 2009 regarding: Bouley Bay and Les Hurets, Trinity - notice to list as sites of special interest.

Decision Reference: MD-PE-2009-0188
Decision Summary Title	Sites of Special Interest		Date of Decision Summary:
Decision Summary Author:	Ecologist		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title	Notice of Decision to List as Site of Special Interest		Date of Written Report:	30 November2009
Written Report Author:	Ecologist		Written Report : Public or Exempt?	Public
Subject: Sites of Special Interest – Notice of Decision to List as Site of Special Interest
Decision(s): The Minister approved- 1. the proposal to include the place known as Bouley Bay and Les Hurets, Trinity, on the List of Sites of Special Interest by reason of its special interest as defined in the attached schedule, under the provisions of the Planning and Building (Jersey) Law 2002; and the serving of the Decision to List Notice in accord with the requirements of the Law.
Reason(s) for Decision: The proposal accords with the States Strategic Plan commitment of protecting the natural environment and conserving biodiversity.
Resource Implications: None
Action required: Decision to List Notices to be served in accord with the requirements of the Planning and Building (Jersey) Law 2002.
Signature: Senator F Cohen		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Bouley Bay and Les Hurets, Trinity - notice to list as sites of special interest

PLANNING AND ENVIRONMENT DEPARTMENT

ENVIRONMENT DIVISION

Sites of Special Interest Listing

Purpose of the Report

The purpose of this report is to ask the Minister to approve the decision to include the place known as Bouley Bay and Les Hurets SSI, Trinity, on the List of Sites of Special Interest by reason of its special interest as defined in the attached schedule, under the provisions of the Planning and Building (Jersey) Law 2002; and
1. approve the serving of the Decision to List Notices in accord with the requirements of the Law.

Background and discussion

Article 52 of the Planning and Building (Jersey) Law 2002 states:

(1) Except as provided by Article 53 (Provisional Listing) the Minister shall not include a building or place on the List of Sites of Special Interest unless at least 28 days previously it has served a notice of its intention to do so.

(2) The notice shall be served-

(a) on the owner of the of the building; or

(b) by displaying it in a conspicuous place in or near the building or place.

(3) A person with an interest in the building or place referred to in the notice may make written representations to the Minister in respect of the proposed inclusion of the building or place on the List of Sites of Special Interest.

(4) In determining whether to include a building or place on the List the Minister-

(a) shall take into account any representations made under paragraph (3) to the extent that they relate to the special interest of the proposed Site of Special Interest; and

(b) where the building or place falls within the area of responsibility or concern of a Committee or a body or person created by statute, shall consult that Committee, body or person and shall take into account any representations made;

(5) The Minister shall serve notice of the Minister’s decision on whether to include a building or place on the List on the owner and (if different) any occupier of the building or place as soon practicable after the Minister has made the decision.

The Notices of the Intention to List were served on the landowners on 29 October 2009. The 28 day period has now expired and no representations have been received.

The attached notice describes the site, its location both in words and on a map, and the justification for its inclusion on the List, in accordance with legal requirements. The site of Fort Leicester is excluded from the schedule because it was previously listed as a Site of Special Interest in September 2006. The Decision to List Notices will be served on the owners and any occupiers of the site to be included on the List.

Recommendation

That the Minister approves:

the listing of the place given above; and
the service of Decision to List Notices in accordance with the requirements of the Law.

Written by:	States Ecologist

Approved by:	Assistant Director, Environmental Management and Rural Economy

Attachments: Notice of Decision to list, site plan, description and justification for Bouley Bay and Les Hurets SSI, Trinity

ED\15\02\02

Ministerial Decision ref: