Determination of Planning Applications: Code of Conduct for Minister for Planning and Environment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 5 December 2011:

Decision Reference: MD-PE- 2011-0120
Decision Summary Title:	Code of Conduct for the Minister of Planning & Environment in the determination of planning applications and pre-application advice.		Date of Decision Summary:	5 December 2011
Decision Summary Author:	Principal Planner		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?			Person Giving Oral Report:
Written Report Title:	N/A		Date of Written Report:	5 December 2011
Written Report Author:	Principal Planner		Written Report : Public or Exempt?	Public
Subject: Code of Conduct for the Minister of Planning & Environment in the determination of planning applications and pre-application advice.
Decision(s): The Minister adopted with immediate effect the Code of Conduct, attached at Appendix 1, for the consideration and determination of planning applications. The Code will not apply to the applications attached at Appendix 2 as these applications have already had Ministerial involvement and it would be inappropriate and unreasonable to require the applicants to re-start the process of consideration.
Reason(s) for Decision: To ensure that there is a clear framework in place that indicates when the Minister might become involved in the consideration of individual development proposals. This framework will assist the Minister, States Members, members of the public – whether they are pursuing a development or have concerns over a proposal –and Officers in understanding in what circumstances the Minister might become involved in considering development proposals. .
Resource Implications: None
Action required: Publish the Code of Conduct and request the Greffier of the States present the Code to the States for their information
Signature: Deputy R Duhamel		Position: Minister
Date Signed: 05.12.11		Date of Decision (If different from Date Signed): 05.12.11