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Transfer of Field Grouville 271: Appeal against Minister's decision on conditions imposed

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 December 2014:

Decision Reference:  MD-PE-2014-0106

Decision Summary Title :

Appeal against Minister’s decision on conditions imposed on transfer of field Grouville 271.

Date of Decision Summary:

24 November 2014

Decision Summary Author:

 

Land Controls and Planning Officer

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

 Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

 

Date of Written Report:

 

Written Report Author:

Land Controls and Planning Officer

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

 

Subject: Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974: an appeal to the Minister has been received to overturn the previous Ministers decision of conditions imposed on transfer of field Grouville 271.

Decision(s): The Minister upheld the previous Ministers decision on conditions imposed at transfer of land.

Reason(s) for Decision: The 2005-2010 and 2011-2015 Rural Economic Strategies highlight the requirement for a stable agricultural land bank and that the Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974 is properly enforced in order to ensure that a stable, viable agricultural land bank is maintained. The continued erosion of agricultural land for development and other uses has meant that marginal areas of land are of greater importance.

Resource Implications: None

Action required: Minister to instruct Land Controls and Agricultural Developments section to inform Advocate Cushen that the current conditions will remain on the land.

Signature:

 

Position:  Minister for Planning and Environment

 

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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