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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 June 2007 regarding: Field 252B, La Rue de Jambart, St. Clement - Removal of glass from greenhouses.

Subject:	Field 252B, La Rue de Jambart, St Clement
Decision Reference:	MD-PE-2007-0181	Exempt clause(s):		N-A
Type of Report (oral or written):	Written	Person Giving Report (if oral):		Gerald Bisson
Telephone or e-mail Meeting?	N-A	Report File ref:		CMP/2006/00459 ENF/2007/00006
Written Report Title:	Enforcement Report	Written report – Author:		Gerald Bisson Enforcement Officer
Decision(s): Serve Notice under Article 84(1) of the Planning and Building (Jersey) Law 2002, to remove the glass from all the green houses situated on the site; upon the owner Mr Robert R Le Quesne. The Minister also asked for written confirmation that the greenhouses were dangerous for any person entering them.
Reason(s) for decision: to secure the removal of part of the ruinous buildings on the field that adjoins a recently built housing estate.
Action required: Serving of Notice under Article 84(1) of the Planning and Building (Jersey) Law 2002, to remove the glass from all the green houses situated on the site. Failure to comply with the Notice would result in papers being sent to the Law Officer’s Department in accordance with Article 44(1)(a) of the aforesaid Law.
Signature: (Minister)			Date of Decision: 26th June 2007

Field 252B, La Rue de Jambart, St. Clement - Removal of glass from greenhouses

REPORT TO THE MINISTER FOR PLANNING AND ENVIRONMENT

Complaint Reference: CMP/2006/00459

Enforcement Reference: ENF/2007/00006

Enforcement Report

Site Address	Field 252B, La Rue de Jambart, St. Clement

Owner	Mr Robert R. Le Quesne

Occupier	Mr Robert R. Le Quesne

Zones	Countryside Zone

Summary

This field is completely covered with disused timber greenhouses covering an area of 13,023.68 square metres.

Adjoining this site is a recently completed hosing development which no doubt has young chidren living in some of the houses. A 6’ timber fence has been erected beween on section of the estate and the greenhouses but access to them are still very easy.

On the 26th May 2006, Mr Peter Thorne, Director of Planning, wrote to Mr Le Quesne on behalf of the Minister of Planning, requesting him to remove the glass. Reference was made to children that may come to live on the estate then under construction.

In that letter it was explained in detail as to the powers the Minister had to ensure the glass was removed.

A similar letter was sent to the owner of another disused greenhouse site within the same Parish. The glass has been completely removed from this site.

Little action has been taken by Mr Le Quesne, he has let some people have some of the glass, but much of it remains and is in a dangerous condition.

I have met with Mr Le Quesne on two occasions. The first time he was hoping that the land would have been re-zoned for sheltered housing and then it would have been removed by the developer. Sheltered housing was not supported by the Parish.

The second time was on the 17th April 2007, and Mr Le Quesne agreed that the glass had to be removed but was reluctant to give a time scale.

On the 30th April 2007, I wrote to Mr Le Quesne asking him to give a written schedule of work for the removal of the glass within 14 days of that date.

To date no response has been made by Mr Le Quesne and no further glass has been removed.

Recommendation

That notice is served upon Mr Le Quesne under Article 84(1) of the Planning and Building (Jersey) Law 2002, to remove all the glass from the said field.

Failure to comply with the notice, and in accordance with Article 43 (1) & (2) of the aforesaid Law, would result in contractors entering onto the land and carrying out the work required to be done. The expenses incurred would be recoverable as a civil debt.

Prepared by	Enforcement Officer 1.	Date	21st May 2007

Endorsed by		Date

ECR