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A decision made (12.02.07) to approve the inclusion of certain properties on the List of Sites of Special Interest.

Subject:	Sites of Special Interest
Decision Reference:	MD-PE-2007-0014		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, Geological, Architectural, Archaeological and Historical Sites of Special Interest
Written report – Author (name and job title)	Mike Freeman (Principal Ecologist)
Decision(s): 1. The Minister approved the inclusion of the places set out below:- i) La Mare au Seigneur, St Peter/St Ouen ii) La Mare au Seigneur Coastal Strips 1, 2 and 3, St Peter/St Ouen (3 separate places) iii) Ouaisne, St Brelade iv) Portelet, St Brelade v) 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. The Minister approved 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 substantive representations.
Action required: 2. Decision to List Notices to be served in accord with the requirements of the Law; and 3. The places set out above to be included on the List of Sites of Special Interest.
Signature: (Minister/ Assistant Minister)		Date of Decision:

La Mare au Seigneur, Oaisne, Portelet, Noirmont - list as 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) La Mare au Seigneur, St Peter/St Ouen

ii) La Mare au Seigneur Coastal Strips 1, 2 and 3, St Peter/St Ouen (3 separate places)

iii) Ouaisné, St Brelade

iv) Portelet, St Brelade

v) 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 8 and 11 December 2006 following Ministerial approval on 7 December 2006.

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 substantive representations have been made under Article 52 (a) and (b) of the Law that are considered to relate to the special interest of the proposed Sites of Special Interest. A number of informal enquiries have been received and these have been addressed satisfactorily.

On the basis that no substantive representations have been made 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 owner and (if different) 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. La Mare au Seigneur, St Peter/St Ouen

ii. La Mare au Seigneur Coastal Strips 1, 2 and 3, St Peter/St Ouen (3 separate places)

iii. Ouaisné, St Brelade

iv. Portelet, St Brelade

v. Noirmont, St Brelade

ED\15\03\02

Ministerial Decision ref: MD-PE-2007-0014

17 January 2007