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Coastal National Park - Policy NE6: Draft for Consultation

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.

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  • 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 decisoin made 21 May 2012:

Decision Ref:

MD–PE–2012-0051

Subject:

Supplementary Planning Guidance: Policy application NE6: Coastal National Park - draft for consultation

Decision Summary Title:

DS - Supplementary Planning Guidance: Policy application NE6: Coastal National Park - draft for consultation

DS Author:

Director

DS Date:

18 May 2012

DS Status:

Public

Written Report Title:

SD – Draft Supplementary Planning Guidance – Policy application NE6: Coastal National Park

WR Author:

Director

WR Date

18 May 2012

WR Status:

Public

Oral Rapporteur:

Director

Decision(s):

The Minister for Planning and Environment resolved to approve the release of the draft Advice Note – Policy application NE6: Coastal National Park for consultation

Reason(s) for Decision:

To offer more detailed information and guidance on how Island Plan Policy NE6 should be applied in decision making.

Legal and Resource Implications:

  1. Article 6 of the Planning and Building (Jersey) Law 2002, provides the Minister with power to issue guidelines and policies (i.e. including supplementary planning guidance) in respect of: development generally; any class of development; the development of an area of land; or the development of a specified site. 
  2. The development and publication of planning advice notes are in accordance with the above powers.  Also, the main purpose of releasing the draft advice note is to enable formal consultation, prior to review and adoption.  It is not envisaged, therefore, that there will be any legal implications associated with the recommended decision.
  3. The publication of the draft guidance should not involve any adverse resource implications for the Department of the Environment or decision-makers and is designed to promote consistency in decision-making and thus reduce risk of challenge.

Action required:

  1. Request that the States Greffe arrange for a report to be presented to the States;
  2. Publish the draft Advice Note on the States’ website and invite public comment;
  3. Prepare and issue a media release;
  4. Upon completion of the consultation process inform the Minister for Planning and Environment of the consultation findings, modify the draft Advice Note, as appropriate, and present to the Minister for adoption.

Signature:

 

 

Position:

Deputy RC Duhamel
Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

Coastal National Park - Policy NE6: Draft for Consultation

Department of the Environment

Consultation paper

 

 

 

 

 

 

Purpose and type of consultation

A Coastal National Park was designated in the 2011 Island Plan. This embraced all those parts of the Island that are of highly sensitive and valuable landscape quality, including St Ouen’s Bay, that are vulnerable to change and damage and which warrant the highest level of protection against development.

The new Island Plan also set out a new planning policy regime for the regulation of development in the National Park.

This advice note has been prepared to promote clarity and consistency in the application and uses of planning policy in the Coastal National Park, particularly in relation to those exceptional circumstances, provided for by policy, where new development may be permitted.

This consultation also seeks to gather people’s views about whether the control of development should be tightened in the Coastal National Park by removing the ability of people to carry out certain works without the need for planning permission.

The Minister would like to hear the views of those interested in planning decisions affecting Jersey’s most sensitive landscapes including land owners and residents in the Coastal National Park as well as developers, architects and heritage and environmental bodies.

 

Closing date: 06 July 2012

 

 

Summary

Parts of Jersey’s coast and countryside are considered to be of national and international importance. The unique environment of St Ouen’s Bay, in particular, has long been recognised as a ‘special place’ and it, together with other parts of the Island’s coast and countryside, have been identified as being of particular landscape value and sensitivity.

A Coastal National Park was designated in the 2011 Island Plan. This embraced all those parts of the Island that are of highly sensitive and valuable landscape quality, including St Ouen’s Bay, that are vulnerable to change and damage and which warrant the highest level of protection against development.

In designating a Coastal National Park explicit acknowledgement of the Park as a living landscape was made and clear recognition given to the impact of human intervention upon the evolution of the character of much Jersey’s landscape.

Whilst recognising that there is considered to be no capacity to accommodate new development without adverse implications for landscape quality in much of the Coastal National Park there is, however, clear acknowledgement that there are many buildings and land uses within it and that it may be appropriate to permit some development.

This advice note has been prepared to promote clarity and consistency in the application and uses of planning policy in the Coastal National Park, particularly in relation to those exceptional circumstances, provided for by policy, where new development may be permitted.

 

The sensitivity and vulnerability of the landscape within the Coastal National Park is well-documented and the impact of change an issue of concern to many. In some parts of the National Park, where there is considered to be no capacity for change without undue harm to landscape character, even small changes can have an impact on sense of wilderness, isolation and remoteness. Because of this, the Minister for Planning and Environment proposes to review the permitted development rights that are available to all building types and land uses within the Coastal National Park in order that small-scale changes to property, that are presently unregulated, are brought within planning control.

As part of this consultation process, the Minister would like to test people’s views on the principle of removing some permitted development rights in the Coastal National Park. If the principle is supported, specific changes would be the subject of further consultation.

 

Further information

The consultation can be viewed online at: http://www.gov.je/Government/Consultations.

 

Printed copies are available on request from the Department of the Environment, South Hill, St Helier.

 

Please send your comments to:

Kevin Pilley, Director of Policy, Projects and the Historic Environment

Planning and Building Services, South Hill, St Helier, JE2 4US

 

How to contact us

Telephone  448441

Email  k.pilley@gov.je

Fax   445528

 


This consultation paper has been sent to the following individuals / organisations and will be lodged in the States as a report:

Chairman, Environment Scrutiny Panel

National Trust for Jersey

Environment Section, Société Jersiaise

Council for the Protection of Jersey’s Heritage

Jersey Farmers’ Union

RJA&HS

Association of Jersey Architects

Jersey Construction Council

Chamber of Commerce

Public Consultation Register

 

Supporting documents attached

Consultation draft advice note – Policy application: NE6 – Coastal National Park

Consultation response

A series of statements about the guidance are set out below, which may help with your response. Alternatively, you may submit any other comment that you wish to make on the content of this draft guidance note.

 

You may do this online at http://www.gov.je/Government/Consultations or you can print and submit the questionnaire to the address below.

 

1. This guidance is clearly written and is easy to understand.

Strongly agree

Agree

Don’t know

Disagree

Strongly Disagree

Please give reasons for your answer

 

 

2. This structure of the guidance - which sets out four different forms of land use and development and then examines how the policy will be applied to each in turn – is clear and easy to use.

Strongly agree

Agree

Don’t know

Disagree

Strongly Disagree

Please give reasons for your answer

 

 

3. This guidance is too long and repetitive.

Strongly agree

Agree

Don’t know

Disagree

Strongly Disagree

Please give reasons for your answer

 

 


4. This guidance should not contain any information that can be found elsewhere e.g. it should not re-iterate Island Plan policy.

Strongly agree

Agree

Don’t know

Disagree

Strongly Disagree

Please give reasons for your answer

 

 

5. The guidance is helpful in understanding how the exceptions to Policy NE6: Coastal National Park will be applied by the Minister.

Strongly agree

Agree

Don’t know

Disagree

Strongly Disagree

Please give reasons for your answer

 

6. The content of the guidance provides a useful supplement to the Island Plan.

Strongly agree

Agree

Don’t know

 

Disagree

 

Strongly disagree

 

Please give reasons for your answer

 

7. Small-scale changes to land and buildings that can be presently undertaken without the need for planning permission should be brought within planning control in the Coastal National Park.

Strongly agree

Agree

Don’t know

Disagree

Strongly disagree

Please give reasons for your answer

 

 

 

Please note that consultation responses may be made public (sent to other interested parties on request, sent to the Scrutiny Office, quoted in a published report, reported in the media, published on www.gov.je, listed on a consultation summary etc). If you have a particular wish for confidentiality please indicate this clearly when submitting a response.

 

I agree that my comments may be made public and attributed to me  

I agree that my comments may be made public but not attributed (i.e.anonymous)                                                                                                               

I don’t want my comments made public      

If you agree to your comments being attributed to you, please provide your details below:

 

Name:

Organisation:

Address:

Tel:

Email:

 

Other comments can be submitted in writing or by email to the address below.

 

If you or your organisation would like to discuss these proposals further, or would like more information, please contact Kevin Pilley, Director of Policy, Projects and the Historic Environment on 448441 or k.pilley@gov.je.

 

Policy and Projects Section

Department of the Environment

South Hill,

St Helier,

JE2 4US

 

Deadline for consultation responses: 06 July 2012.

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