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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 June 2010 regarding: P.49/2010 Minister's response: Samares Nurseries - removal of site allocated for category 'A' housing from draft island plan.

Decision Reference: MD-PE-2010-0068
Decision Summary Title:	P49/2010 Samares Nurseries Response to Petition		Date of Decision Summary:	24 June 2010
Decision Summary Author:	Director of Planning		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	P49/2010 Samares Nurseries Response to Petition		Date of Written Report:	24 June 2010
Written Report Author:	Director of Planning		Written Report : Public or Exempt?	Public
Subject: P49/2010 Samares Nurseries Response to Petition
Decision(s): The Minister approved the draft response to the Petition
Reason(s) for Decision: The Minister is required under Standing Orders to respond to a Petition within 8 weeks
Resource Implications: None
Action required: The Greffier of the States to be requested to arrange for the report be presented to the States
Signature:		Position Minister
Date Signed:		Date of Decision (If different from Date Signed):

P.49/2010 Minister's response: Samares Nurseries - removal of site allocated for category 'A' housing from draft island plan

P.49/2010 Samares Nurseries – Removal from the draft Island Plan

Response to the Petition of the Minister for Planning and Environment

The draft Island Plan was published for consultation in September 2009. Subsequently, the Minister was requested by the Connétable of St Clement to withdraw the site from draft Policy H1, which proposes that the Samares Nurseries site be designated as a site for Category A housing (for first-time buyers and Jersey Homebuy homes).

When the Minister met the Connétables in 2007 to request that they bring forward sites for Lifelong Homes and First Time buyers (which led to P.75/2008), the Minister advised all the Connétables that he wished to work with them and that his predisposition is not to bring forward any significant sites for housing without the support of the Connétable in whose parish the site lies, other than in exceptional circumstances.

Having reflected on what he said in reply to the Connétable of St Clement at the conclusion of the States meeting on 23 June 2010, and having taken legal advice on the matter it is clear that the Minister’s statements could give rise to a misunderstanding of his and the legal position. The Minister must take into account all material considerations. It is quite clear that while he can and will take into account the views of the Connétables, he cannot, in law, be bound by those views in any particular case nor, in effect, give to any Connétable a veto over matters which are solely his responsibility in law as Minister.

At present, the Samares Nurseries site is the subject of public consultation pursuant to the terms of the Planning and Building (Jersey) Island Plan Order 2009. That consultation, required by law, has not yet been completed. The Minister’s response to the Connétable’s request was that the consultation process should run its course to enable representations, for or against development on the site, to be considered by the independent planning inspectors in the Examination in Public.

The Department received a number of individual representations opposing the development from St Clement residents and others, and these have been forwarded to the inspectors for their consideration. The petition of 1315 signatures was not submitted as a representation on the draft Island Plan, but is referred to in the Connétable’s representation. There has also been a representation from the owners of the site that it should be developed for Category A housing.

The legal process that has been laid down by the Minister for the Examination in Public affords the Minister the opportunity to forward his comments on the representations and to make amendments to the draft Island Plan. He has indicated to the inspectors that it is presently his intention to remove the site from policy H1 of the draft Island Plan, following his discussions with the Connetable and the high level of local objection to further development (including the petition).

However, the landowners (and others) have the right within the prescribed process to make known their objections to the Minister’s proposed amendment and to be heard at the Examination in Public. Clearly, the Minister cannot finally make a decision and agree to formally withdraw the site at this stage in the Examination process and suspend the proper procedures for this site alone. To do so would be to invite the criticism that the Minister had predetermined the question, which he has not, and potentially open the door to amendment propositions from other quarters, thereby undermining the process he has set out in the Island Plan Order.

In summary:

1. Samares Nurseries was included in Policy H1 of the draft Island plan having scored highly as a suitable site in an objective planning assessment;

2. The Minister has advised the Connétable of St Clement of his predisposition not to go forward with this site. Indeed, he has advised the inspectors that it is his intention, subject to the outcome of the public consultation, to remove the site from Policy H1; and

3. Due process must be observed to enable the owners of the site and objectors to be heard at the Examination in Public, and for the inspectors to produce their report.

Senator F E Cohen

Minister for Planning and Environment