Jersey Gas Site: Supplementary Planning Guidance: Development Brief

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 1 February 2019

Decision Reference: MD- PE- 2019– 0010
Decision Summary Title:	Consultation -Draft Revision to SPG: Development Brief - Jersey Gas Site		Date of Decision Summary:	28/01/2019
Decision Summary Author:	Principal Planner (Policy)		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Review of planning guidance in respect of the Jersey Gas Site		Date of Written Report:	28/01/2019
Written Report Author:	Principal Planner (Policy)		Written Report : Public or Exempt?	Public
Subject: Amendment to Supplementary Planning Guidance (SPG): Development Brief - Jersey Gas Site.
Decision: The Minister for the Environment resolved to:- 1. Endorse the draft amendment (Revision B) to the SPG: Development Brief -Jersey Gas Site. 2. Release the draft SPG for a six-week public consultation period. 3. Consider all respresentations received upon close of the consultation period.
Reason for decision: The Minister has reviewed the guidance of the North of Town Masterplan and the Jersey Gas Site Development Brief. The purpose of the review was to identify whether the planning guidance remained appropriate in light of the adoption of Proposition P.114/2017 which made specific requirements of Andium Homes Ltd in respect of the future development of the site. The Minister considered that it is reasonable to incorporate the detailed requirements of Proposition P.114/2017 into an amendment to the Development Brief. The Minister considered that a public consultation exercise should be undertaken in order to allow local residents, business owners and any other interested parties the opportunity to comment on the proposed amendment prior to the adoption of a revised SPG.
Legal and Resource Implications:- 1. Article 6 of the Planning and Building (Jersey), 2002, allows the Minister to publish guidelines and policies in respect of; development generally, any class of development, the development of any area of land or, the development of a specified site. The amendment to the SPG will serve to update the original planning guidance for the Jersey Gas site in light of the adoption of States Proposition P.114/2017 and is, accordingly, within the Minister’s vires to publish. 2. It is not envisaged that there will be any significant resource implications for any States’ department or decision-makers as a result of the Minister’s decision.
Action required: 1. Initiate a six-week public consultation exercise. 2. Collate and consider all representations received. 3. Present a report on the outcome of the public consultation exercise to the Minister for consideration prior to any move to adopt the revised SPG.
Signature: Deputy J Young		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):