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Building Bye-Laws (Jersey) 2007: Part 11 - Schedule 2: Revised Technical Guidance

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 13 April 2016:

Decision Reference: MD-PE-2016-0052

Decision Summary Title :

Building  Bye-laws (Jersey) 2007

Date of Decision Summary:

30/03/2016

Decision Summary Author:

 

Director

Building Control

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Director Building Control

Written Report

Title :

Publication of revised technical guidance in support of the Part 11 requirements of Schedule 2 to the Building bye-laws (Jersey) 2007.

Date of Written Report:

30/03/2016

Written Report Author:

Director

Building Control

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Publication of revised technical guidance in support of the Part 11 requirements of Schedule 2 to the Building bye-laws (Jersey) 2007.  

Decision(s):  The minister decided to publish a response to the comments received on proposed changes to the building bye-laws and to publish revised technical guidance in support of the Part 11 requirements as listed in the second schedule to the building bye-laws.

Reason(s) for Decision: To improve the energy performance of buildings in line with the States of Jersey Energy Plan - Pathway 2050.

Resource Implications: None that are not allowed for in Department's business plan.

Action required:

 Publish new technical guidance documents entitled: -

  • Technical Guidance Document Part 11.1A – Conservation of Fuel and Power in New Dwellings 2016 edition.
  • Technical Guidance Document Part 11.1B – Conservation of Fuel and Power in Existing Dwellings 2016 edition
  • Technical Guidance Document Part 11.2A – Conservation of Fuel and Power in New Buildings other than Dwellings 2016 edition
  • Technical Guidance Document Part 11.2B – Conservation of Fuel and Power in Existing Buildings other than Dwellings 2016 edition

Signature:

 

 

Position:  Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Hide report
Building Bye-Laws (Jersey) 2007: Part 11 - Schedule 2: Revised Technical Guidance

 

 

 

 

 

 

REPORT TO

 THE MINISTER FOR THE ENVIRONMENT

 

(This is hidden text it will not print out. Use F11 to move to the next field.  Shift -F11 to previous field.)

 

3/09/6

30TH MARCH 2016

 

Publication of revised technical guidance in support of the Part 11 requirements of Schedule 2 to the Building bye-laws (Jersey) 2007.

 

1.     Purpose of the Report.

 To seek the Minister’s formal approval of revised technical guidance to be  published in support the building bye-law requirements relating to the conservation               of fuel and power in buildings. (Appendix1)

 

  1. Background.

 In October 2015, the Minister decided to approve the release of four draft technical               guidance documents – ’11.1A Conservation of Fuel and Power in New Dwellings,               11.1B Conservation of Fuel and Power in Existing Dwellings, 11.2A Conservation of               Fuel and Power in New Buildings other than Dwellings, and 11.2B Conservation of               Fuel and Power in Existing Buildings other than Dwellings for public comment.               Those documents were published on the States website on the 8th October 2015               with a report outlining the proposals and inviting comments to be submitted by 17               November 2015.

 

  1. Main changes in the revised Documents.

The guidance has generally been updated to further improve the energy performance of newly constructed buildings and to require reasonable energy efficiency improvements to existing buildings when building works are proposed.  A list of the main changes can be found in the inside of the front cover to each document. 

 

  1. Discussion on comments received.

 A summary of the findings of the consultation undertaken in 2015 is set out in  Appendix 2.                There were only five responses to the consultation therefore this               cannot be regarded as statistically meaningful, or an accurate account of public               opinion. The               completed questionnaires show mixed support for the proposed               changes, with approximately half suggesting the proposed changes do not go far               enough and half suggesting the proposals are challenging. Most of the comments               received are of a technical nature. Each of the points raised has been addressed by               officer comments and none are considered sufficient to warrant significant change               to the draft guidance. (Appendix 2).

 

 

 

  1. Legal and Resource Implications

 The Minister is empowered under Article 32 of the Planning and Building (Jersey)               Law 2002, to publish Technical Guidance for the purposes of providing guidance on               any requirement of the Building Bye-laws. There are no unplanned Departmental               resource implications arising from the publication of the documents. 

 

  1. Recommendation

 The Minister:

  1. Endorses the response to the comments received, and authorises officers to publish this as a formal response to the consultation; and
  2. Approves and publishes the attached revised (2016 Editions) of the Technical Guidance Documents, 11.1A. 11.1B, 11.2A and 11.2B for the purposes of providing guidance on meeting the requirements in Part 11 of the second schedule to the building bye-laws (Jersey) 2007, as amended, to take effect from 18th July 2016

 

 

 

 

Written by:

Director – Building Control

 

Attachments:

  • Appendix 1: Technical Guidance Documents.
  • Appendix 2: Consultation Response

 

File ref: 3/09/6

 

P:\01 Business units and areas\Building Control\06 LEGISLATION BYE-LAWS - Being sorted AA\2016\2016 Report to Minister to approve bye-law changes and revised TGDs for Parts 11.1A, 11.1B, 11.2A and 11.2B.doc

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