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Delegation of Statutory Powers

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 January 2011 regarding: Delegation of Statutory Powers.

Decision Reference:    MD-PE- 2011- 00062007-0278

Decision Summary Title:

 Delegation of Statutory PowersRequest for reconsideration of refusal of Planning Permission

Date of Decision Summary:

 11 December 200821/02/018 January 20118

Decision Summary Author:

Peter Thorne Jonathan GladwinActing Assistant Director Performance and Operations

Decision Summary:

Public or Exempt?

 PublicPublic

Type of Report:

Oral or Written?

OralWritten Written and Oral

Person Giving

Oral Report:

Peter ThorneJonathan Gladwin

Written Report

Title:

Delegation of Statutory Powers by the Minister for Planning and Environment (“the Minister”)

AmendmentN/A Request for reconsideration of refusal of Planning Permission

Date of Written Report:

 N/A20/12/0718 January 2011

Written Report Author:

Acting Assistant Director Performance and OperationsN/A Jonathan Gladwin

Written Report :

Public or Exempt?

 

N/A PublicPublic

Subject:  Delegation of Statutory Powers3 Ventnor Villas, La Route de St Aubin, St Helier, JE2 3SD

Replace dormer window with door, create balcony. REQUEST FOR RECONSIDERATION of refusal of planning permission

 

Decision(s): The Minister confers to Deputy Robert Duhamel, the Assistant Minster for Planning and Environment, all of the functions conferred on or vested in the Minister by or under the following;

 

  • Planning and Building Law 2002, as amended and the Building Bye-laws (Jersey) 2004, save the making of Orders

 

  • The Lodging of a Proposition with the States Assembly in accordance with Standing Orders of the States of Jersey up to and including R&O 52/2010 Standing Order 19(c)

 

  • Presenting of reports or comments to the States Assembly in accordance with Standing Orders of the States of Jersey up to and including R&O 52/2010 Standing Order 35(1)(b)

 

Where the Minister has indicated to the Assistant Minister that any such decision is appropriate where he is unavailable or is conflicted in the particular circumstances., having been re-elected to the position, decided to renew the existing Agreement on the delegation of his statutory powers (R.120/2008)The Minister decided to Approve the planning application

 

 

Reason(s) for Decision: The decision to approve was given for the following reason: Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received.

 

To ensure that decisions are made at the appropriate level in the Ministry and Department to ensure the efficient administration of the Minister’s duties and responsibilities

Resource Implications:

NoneNone

 

 

Action required: Notify Agent, Applicant and all other interested parties and issue Planning Permit.

 

The Greffier of the States be requested to re-present the agreement on delegation of functions to the States at the earliest opportunity

Signature:

 

Senator F E Cohen

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

11 December 2008

 

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