PLANNING AND ENVIRONMENT DEPARTMENT
ENVIRONMENT DIVISION
geological Sites of Special Interest Listing
Purpose of the Report
The purpose of this report is to ask the Minister to:-
- approve the decision to include the places set out below:-
- La Solitude (East) SSI, St Martin
- La Solitude (West) SSI, St Martin
- Portelet Bay SSI, St Brelade
- Mont Huelin Quarry SSI, St Ouen
on the List of Sites of Special Interest by reason of their special interest as defined in the attached schedule, under the provisions of the Planning and Building (Jersey) Law 2002; and
- approve the serving of the Decision to List Notices in accord with the requirements of the Law.
Background and discussion
The Notice of the Intention to List was served on the landowners of the above places on 4 December 2007 following Ministerial approval on 30 November 2007.
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;
(c) may consult any person it considers has a special knowledge of or interest in the building or place.
(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 Notice has now expired.
No substantive representations have been made. An objection was received from a landowner within Portelet Bay geological SSI, who requested that the right to keep, replace and extend an existing storm water pipe within the SSI be listed as a permitted activity in the entry for the site on the List of SSIs. This request has been declined on the basis that works of this nature should be strictly controlled by means of a licence issued each time that the works arise.
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 location both in words and on a map, and the justifications 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 be included on the List.
Recommendation
That the Minister approves:
- the listing of the places given above; and
- the service of Decision to List Notices in accordance with the requirements of the Law.
Written by: | M.Freeman (Principal Ecologist) |
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Approved by: | Chris Newton (Director of environment ) |
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Attachments:
- Notices of Decision to list, site plans, descriptions and justifications for:
- La Solitude (East) SSI, St Martin
- La Solitude (West) SSI, St Martin
- Portelet Bay SSI, St Brelade
- Mont Huelin Quarry SSI, St Ouen
15th February 2008
Ministerial Decision ref: MD-PE-2008-0039