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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Oak Tree: La Haule Hill: Visite Royale: Court Order: Narrowing of road to save tree

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 November 2012:

Decision Reference:  MD-T-2012-0088

Decision Summary Title :

Visite Royale on La Haule Hill – Le Mont au Roux

Date of Decision Summary:

06 November 2012

Decision Summary Author:

 

Manager of Highways and Infrastructure

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Visite Royale on La Haule Hill – Le Mont au Roux

Date of Written Report:

06 November 2012

Written Report Author:

Manager of Highways and Infrastructure Manager of Parks and Gardens

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Court Order requesting Transport and Technical Services to save an oak tree that has encroached on to the Public Highway by making the road safe.

 

Decision(s):  The Minister has decided to narrow the road to allow a further 10 years of tree growth and plant a semi mature tree close by such that when the oak tree has to be removed in 10 years time a replacement will be in place.

Reason(s) for Decision: Removing the tree at this time may cause negative public reaction. The cost to move the road is estimated at £83,750, excluding fees, a figure difficult to justify in the present economic climate.  Narrowing the road to allow a further 10 years of growth and planting a semi mature tree that will eventually take its place is considered to be the most practical solution.

Resource Implications:  The road narrowing will be undertaken by Transport and Technical Services Direct Labour Team.

Action required:  Should the Court be agreeable to the removal of the oak tree, the Minister undertakes to the Court to:

  • Narrow the road by 400 mm and realign the centre line; and
  • Instruct officers to plant at least one semi-mature English oak tree close by such that when the tree has to be removed in 10 years time a replacement will be in place.

Signature:

 

 

Position:

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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