Planning and Building Law 2002- Appointed Day Act

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (10.04.2006) re Planning and Building Law 2002- Appointed Day Act.

Subject:
Decision Reference:	MD-PE-2006-0052	Exempt clause(s):		n/a
Type of Report (oral or written):	Written	Person Giving Report (if oral):
Telephone or e-mail Meeting?	n/a	Report File ref:
Written Report Title:		Written report – Author:		Peter Thorne
Decision(s) That the new law be introduced on 1 July 2006, save for the provisions for third party appeals and dangerous structures
Reason(s) for decision: The introduction of the law is long overdue, but there are insufficient resources available to the Department (and in respect of third party appeals, the Royal Court) to introduce the third party appeal and dangerous structure provisions
Action required: Appointed Day Act and report to be lodged for debate by the States at the earliest opportunity (in consultation with the Greffier)
Signature: (Minister)			Date of Decision: 10.04.2006

Planning and Building Law 2002- Appointed Day Act

Planning and Building (Jersey) Law 2002 – Appointed Day Act

Report

The Planning and Building (Jersey) Law 2002 was registered in the Royal Court in November 2003. It repeals the Island Planning (Jersey) Law 1964, as amended, and the Public Health (Control of Buildings) (Jersey) Law 1956, as amended.

Implementation of the new Law was delayed while the Appeals provisions were reviewed and amended, predominantly because of the potential costs of the original appeals provisions, which set up a Planning and Building Appeals Commission, but also over concerns about the proliferation of tribunals in this small jurisdiction. The Law has been amended to restore the Royal Court as the appellate body, and understood that the Royal Court will introduce new Rules this summer which will facilitate access for a greater number of appellants, by allowing appeals to be heard in writing and by less formal hearings at which representatives of the appellant and the Minister need not be advocates.

It is not intended to introduce two new provisions at this juncture because there are insufficient resources available to the Minister and, in the first case, the Royal Court, to support them. These are the provisions relating to third party appeals, that is, by persons other than the applicant, and the powers to remedy dangerous structures. It is intended that these provisions will be introduced as resources permit, but this is unlikely to be in the foreseeable future.

Introduction of the Law without these provisions will have modest additional costs, but these will be absorbed in the Department’s budget.

Senator F E Cohen

Minister for Planning and Environment