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Supplementary Planning Guidance: Site Waste Management Plans: Adoption

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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A decision made 3 September 2013:

Decision Ref:

MD–PE–2013-0096

Subject:

Supplementary Planning Guidance: site waste management plans - adoption

Decision Summary Title:

DS - Supplementary Planning Guidance: site waste management plans - adoption

DS Author:

Principal Planner

DS Date:

04 September 2013

DS Status:

Public

Written Report Title:

WR – Draft Supplementary Planning Guidance – Site Waste Management Plans

WR Author:

Principal Planner

WR Date

03 September 2013

WR Status:

Public

Oral Rapporteur:

Principal Planner

Decision(s):

The Minister for Planning and Environment:

  1. endorsed the response to the representations and comments received during the consultation process and authorised officers to publish this as a formal response to consultation; and
  2. decided to formally adopt the Advice Note – ‘Site waste Management Plans (September 2013)’ (as modified) as supplementary planning guidance.

Reason(s) for Decision:

  1. To help manage and reduce the amount of waste that construction and demolition projects produce, by encouraging waste minimisation and greater re-use and recycling of waste.
  2. To reduce the risks of harm to the environment from landfill, fly tipping, quarrying of aggregates, transportation of materials and energy consumption.
  3. To offer more detailed information and guidance on how Policy WM1 is likely to be operated, interpreted and applied in decision making.
  4. To outline the information requirements for relevant planning applications.
  5. To comply with commitments in the 2011 Island Plan for producing supplementary planning guidance (Proposal 29).

Legal and Resource Implications:

  1. Article 6 of the Planning and Building (Jersey) Law 2002, provides the Minister for Planning and Environment 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.  Before doing so, the Minister must consult any other Minister or statutory authority with an interest in the development in question.
  2. The development publication of planning advice notes are in accordance with the above powers. 
  3. The adoption of the updated guidance should assist the Department of the Environment and decision-makers, by providing greater certainty for developers and applicants about what is required of them.  In view of this and given that SWMPs are already an established requirement of the planning system; the guidance should not involve adverse resource implications for the Department of the Environment or decision-makers.

Action required:

  1. Notify the Chairman of the Environment Scrutiny Panel, the States Greffe and key stakeholders of the Minister’s decision and provide them with a copy of the adopted Advice Note;
  2. Publish on the States’ website the Minister’s response to the representations and comments received during the public consultation process;
  3. Publish the Adopted Advice Note on the States’ website;
  4. Prepare and issue a media release.

 

Signature:

 

 

Position:

Deputy RC Duhamel
Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

03 September 2013

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