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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

1 La Rue Gosset, St Helier: Change of use

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Decision Reference:   MD-PE-2012-0047

Application Number:  EIA/2012/0115

(If applicable)

Decision Summary Title :

1 La Rue Gosset, La Collette, , St. Helier, Jersey, JE2 3NX

Date of Decision Summary:

4 May 2012

Decision Summary Author:

 

Principal Planner

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Principal Planner

Written Report

Title :

 

Date of Written Report:

 

Written Report Author:

 

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

 

Subject:  , 1 La Rue Gosset, La Collette, , St. Helier, Jersey, JE2 3NX

 

Change of use from warehouse to scrap metal recovery. Erect fence and gate.

 

Decision(s):

The Department have received the subject application, seeking planning permission to change the use from a meat processing facility, to a scrap metal recovery business.

 

The Planning and Building (Environmental Impact) (Jersey) Order 2006 specifies (at Section 11.4) that projects for the treatment of waste are prescribed development, and so require an Environmental Impact Statement.

 

Para 2.4 of the same Order also sets out that such developments are not “prescribed development” if the Minister is satisfied that by virtue of factors such as the nature, size or location of the development, it is unlikely to have a significant effect on the environment, locally or elsewhere. The applicant has requested such a determination from the Minister, and has supported their position by submission of an Account of Operations and Design Statement.

 

Prior to making such a determination, the Minister requested the opinions of technical consultees, in the form of a Screening Opinion. The Department therefore progressed a request for a Screening Opinion. The responses have now been received from the technical consultees and are attached.

 

In summary, the key feedback confirms that the consultees are sympathetic to the request and suggest the proposal is not likely to have a significant effect on the environment, either in Jersey or elsewhere.

 

The Minister accepts this position, and confirms that no Environment Impact Statement is required.

 

Reason(s) for Decision:

 

The Minister considered the submitted Account of Operations, Design Statement and feedback from consultees in relation to the request for a Screening Opinion, and accepts that by reference to the scale and nature of the proposal which is not in a sensitive area, that no Environment Impact Statement is required.

 

Resource Implications:

 

None

 

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

Deputy R C Duhamel

PLeg / AS Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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