Group of trees adjacent The Fernery, Vallee des Vaux, St. Helier, as list of protected trees

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 November 2009 regarding: Group of trees adjacent The Fernery, Vallee des Vaux, St. Helier, as list of protected trees.

Decision Ref:	MD–PE–2009-0183
Subject:	List as Protected Trees: Group of trees adjacent The Fernery, Vallée des Vaux, St Helier
Decision Summary Title:	DS - List as Protected Trees: Group of trees adjacent The Fernery, Vallée des Vaux, St Helier
DS Author:	Assistant Director
DS Date:	02 December 2009	DS Status:	Public
Written Report Title:	WR – List as Protected Trees: Group of trees adjacent The Fernery, Vallée des Vaux, St Helier
WR Author:	Assistant Director
WR Date	12 November 2009	WR Status:	Public
Oral Rapporteur:	Assistant Director: Policy and Projects
Decision(s):	The Minister for Planning and Environment; was minded to include the group of trees adjacent The Fernery, Vallée des Vaux, St Helier on the List of Protected Trees; resolved to defer determination of this pending a site visit; authorized the further provisional Listing of the trees to ensure the protection of the trees during this time.
Reason(s) for Decision:	The amenity value of the group of trees adjacent The Fernery, Vallée des Vaux, St Helier, as assessed, relative to the criteria for selection, potentially justifies its inclusion on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and; the Minister wished to determine which trees were worthy of protection; the Minister wished to ensure that none of the trees were removed or damaged without his consent in the interests of amenity
Legal and Resource Implications:	Article 58(2) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on the List of Protected Trees those trees which the Minister is satisfied, in the interests of the amenity of Jersey, should not be cut down, lopped or otherwise altered, harmed or interfered with without the Minister’s permission.
Action required:	Notify the owner Update the List of Protected Trees Notify Development Control
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):