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Trees protected by listing - land adjacent The Fernery, Vallee des Vaux, St. Helier

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.

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A decision made 15 January 2010 regarding: Trees protected by listing - land adjacent The Fernery, Vallee des Vaux, St. Helier.

Decision Ref:

MD–PE–2010-0007

Subject:

List as Protected Trees: Group of trees adjacent The Fernery, Vallée des Vaux, St Helier

Decision Summary Title:

DS - List as Protected Trees: Group of trees adjacent The Fernery, Vallée des Vaux, St Helier

DS Author:

Assistant Director

DS Date:

20 January 2010

DS Status:

Public

Written Report Title:

WR – List as Protected Trees: Group of trees adjacent The Fernery, Vallée des Vaux, St Helier

WR Author:

Assistant Director

WR Date

12 November 2009

WR Status:

Public

Oral Rapporteur:

Assistant Director: Policy and Projects

Decision(s):

  1. Following a site visit, the Minister for Planning and Environment determined that the group of trees adjacent The Fernery, Vallée des Vaux, St Helier be added to the List of Protected Trees.
  2. The Minister also determined that management works to these, and any other protected trees, were acceptable where they were agreeable to and supported by the States Arboricultural Officer.

Reason(s) for Decision:

  1. The amenity value of the group of trees adjacent The Fernery, Vallée des Vaux, St Helier, as assessed, relative to the criteria for selection, justifies its inclusion on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and;
  2. It accords with the States Strategic Plan commitment of protecting and enhancing the Island’s natural environment;
  3. The States Arboricultural Officer is able to offer advice about the proper management and maintenance of trees in order that their amenity value is maintained and, where possible, enhanced.

Legal and Resource Implications:

  1. Article 58(2) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on the List of Protected Trees those trees which the Minister is satisfied, in the interests of the amenity of Jersey, should not be cut down, lopped or otherwise altered, harmed or interfered with without the Minister’s permission.
  2. Article 61 of the Planning and Building (Jersey) Law 2002 enables the Minister to grant permission for works to Protected Trees.

Action required:

  1. Notify the owner of the Listing and the Minister’s permission for management works to be undertaken where they accord with the advice of the States Arboricultural Officer;
  2. Update the List of Protected Trees
  3. Notify Development Control

Signature:

 

Position:

Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

15 January 2010

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