Planning Applications Committee Procedures: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 22 December 2014:

Decision Reference: MD- PE- 2014 - 0117
Decision Summary Title:	Law Drafting Instructions ; Planning and Building (Amendment No.6) (Jersey) Law 201- :Article 9A(4) – Order Prescribing procedures to be followed by the Planning Applications Committee under the Law		Date of Decision Summary:	18 December 2014
Decision Summary Author:	Planning Performance Manager		Decision Summary: Public or Exempt?	Exempt Access to Information Guidelines Section 3.2 xiv – constitute premature disclosure of a policy under development
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Planning Performance Manager
Written Report Title:	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: Planning and Building (Amendment No.6) (Jersey) Law 201- :Article 9A(4) – Order prescribing procedures to be followed by the Planning Applications Committee
Decision(s): To request the Law Draftsman prepare a draft Order prescribing procedures to be followed by the Planning Applications Committee under Article 9A(4) of the Planning and Building (Amendment No.6) (Jersey) Law 201- in accordance with the procedures described in Appendix 1 of this decision
Reason(s) for Decision: So that the Planning Applications Committee as established in accordance with standing orders under Article 48(1) of the States of Jersey Law 2005 can carry out its function appropriately
Resource Implications: As regards resourcing the Planning Applications Committee will replace the currently constituted Planning Applications Panel an d the resources for servicing the Panel will transfer to the Committee.
Action required: Request the Planning Performance Manager to liaise with Law Draftsman to progress the drafting of an Order prescribing procedures to be followed by the Planning Applications Committee under Article 9A(4) of the Law Planning and Building (Amendment No.6) (Jersey) Law 201-
Signature: Deputy S Luce		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):