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Wayside Cafe and land adjacent, Le Mont Sohier, St. Brelade: Listing of Protected Trees (T/2016/0001): Appeal Decision

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 13 March 2017:

Decision Reference:    MD- PE- 2017 – 0024

Decision Summary Title:

Appeal Decision – Trees at Wayside Café and adjacent land, Le Mont Sohier, St Brelade (T/2016/0001)

Date of Decision Summary:

13 march 2017

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:

Report to the Minister for Planning and Environment

Date of Written Report:

7 March 2017

Written Report Author:

Sue Bell MSc, BSc, FCIEEM, CEcol, CWEM. Planning Inspector

Written Report :

Public or Exempt?

 

Public

Subject:

Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against the inclusion of a tree or trees on the List of Protected Trees at Wayside Café and adjacent land, Le Mont Sohier, St Brelade. (T/2016/0001)

Decision:

The Minister allowed the appeal in part and removed Tree Nos. T5 – T15 from the List of Protected Trees under Article 116 of the Planning and Building (Jersey) Law 2002.  For the avoidance of doubt, Tree Nos. T2, T4, T17, T18 and T19 remain on the List. 

Reason for Decision:

The Minister agreed with the recommendation of the Inspector as detailed within her report dated 7 March 2017.

Resource Implications:-

None

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

Deputy S Luce

 

 

 

Position:

Minister

Date Signed:

 

 

 

Date of Decision (If different from Date Signed):

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