Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (23/05/2007) regarding: Sites of Special Interest - Fields 683, 684, and 685, St. Brelade.

Subject:	Sites of Special Interest
Decision Reference:	MD-PE-2007-0076		Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:	ED\15\03\02
Written report – Title	Notice of Decision to List as Ecological Sites of Special Interest
Written report – Author (name and job title)	Mike Freeman (Principal Ecologist)
Decision(s): 1. Approve the inclusion of the places set out below:- i) Field 684, Noirmont, St Brelade ii) Fields 685 and 683, Noirmont, St Brelade on the List of Sites of Special Interest by reason of their special interest as defined in the attached schedules, under the provisions of the Planning and Building (Jersey) Law 2002; and 2. approve the serving of the Decision to List Notices in accord with the requirements of the Law.
Reason(s) for decision: The 28 day period prescribed under the Planning and Building (Jersey) Law 2002 following the service of the Intention to List Notices has expired and there have been no representations.
Action required: Decision to List Notices to be served in accord with the requirements of the Law; and The places set out above to be included on the List of Sites of Special Interest.
Signature: (Minister/ Assistant Minister)		Date of Decision: 23 May 2007

Fields 683, 684, and 685, St. Brelade - Sites of Special Interest

PLANNING AND ENVIRONMENT DEPARTMENT

ENVIRONMENT DIVISION

Ecological Sites of Special Interest Listing

Public

Purpose of the Report

1. The purpose of this report is to ask the Minister to approve the decision to include the places set out below:-

i) Field 684, Noirmont, St Brelade

ii) Fields 685 and 683, Noirmont, St Brelade

on the List of Sites of Special Interest by reason of their special interest as defined in the attached schedules, under the provisions of the Planning and Building (Jersey) Law 2002; and

2. approve the serving of the Decision to List Notice in accord with the requirements of the Law.

Background and discussion

Local Context

Notices of the Intention to List the above places were served on 16 March 2007 following Ministerial approval on 14 March 2007. The owner of both places is the Public of this Island.

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 28 day period following the service of the Intention to List Notices has now expired.

No representations have been made under Article 52 (a) and (b) of the Law. On this basis the Minister is not required under Article 52(c) of the Law to consult any person considered to have a special knowledge or interest in the proposed Sites of Special Interest.

The attached notices describe the places, their locations both in words and on a map, and the justification for their inclusion on the list, in accordance with legal requirements. The notices will be served on the Public of this Island as owner and on any occupiers of the places to the included on the List.

Recommendation

That the Minister approves:

(a) the listing of the places listed above; and

(b) the service of Decision to List Notices in accordance with the requirements of the Law.

Written by:	M.Freeman (Principal Ecologist)

Approved by:	Chris Newton (Director of environment )

Attachments: Notices of Decision to List, site plans, descriptions and justifications for:

i. Field 684, Noirmont, St Brelade

ii. Fields 685 and 683, Noirmont, St Brelade

ED\15\01\03\02

Ministerial Decision ref: MD-PE-2007-0076

26 April 2007