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A decision made (22/06/2009) regarding: Grouville Marsh - List as Site of Special Interest.

Decision Reference: MD-PE-2009-0115
Decision Summary Title	Sites of Special Interest		Date of Decision Summary:
Decision Summary Author:	Principal Ecologist		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title	Notice of Decision to List as Site of Special Interest		Date of Written Report:	9 June 2009
Written Report Author:	Principal Ecologist		Written Report : Public or Exempt?	Public
Subject: Sites of Special Interest – Notice of Decision to List as Site of Special Interest
Decision(s): The Assistant Minister approved- 1. the proposal to include the place known as Grouville Marsh SSI, Grouville on the List of Sites of Special Interest by reason of its special interest as defined in the attached schedule, under the provisions of the Planning and Building (Jersey) Law 2002; and the serving of the Decision to List Notice in accord with the requirements of the Law.
Reason(s) for Decision: The proposal accords with the States Strategic Plan commitment of increasing the number of Sites of Special Interest listed under the provisions of the Planning and Building (Jersey) Law 2002.
Resource Implications: None
Action required: Decision to List Notice to be served in accord with the requirements of the Law.
Signature: Deputy R Duhamel		Position: Assistant Minister
Date Signed:		Date of Decision (If different from Date Signed):

Grouville Marsh - List as Site of Special Interest.

PLANNING AND ENVIRONMENT DEPARTMENT

ENVIRONMENT DIVISION

Sites of Special Interest Listing

Purpose of the Report

The purpose of this report is to ask the Assistant Minister to approve:-

the decision to include the place known as Grouville Marsh, in the parish of Grouville, on the List of Sites of Special Interest by reason of its special interest as defined in the attached schedule, under the provisions of the Planning and Building (Jersey) Law 2002; and
the serving of the Decision to List Notice in accord with the requirements of the Law.

Background and discussion

Article 52 of the Planning and Building (Jersey) Law 2002 states:

(1) Except as provided by Article 53 (Provisional Listing) the Minister shall not include a building or place on the List of Sites of Special Interest unless at least 28 days previously it has served a notice of its intention to do so.

(2) The notice shall be served-

(a) on the owner of the of the building; or

(b) by displaying it in a conspicuous place in or near the building or place.

(3) A person with an interest in the building or place referred to in the notice may make written representations to the Minister in respect of the proposed inclusion of the building or place on the List of Sites of Special Interest.

(4) In determining whether to include a building or place on the List the Minister-

(a) shall take into account any representations made under paragraph (3) to the extent that they relate to the special interest of the proposed Site of Special Interest; and

(b) where the building or place falls within the area of responsibility or concern of a Committee or a body or person created by statute, shall consult that Committee, body or person and shall take into account any representations made;

(5) The Minister shall serve notice of the Minister’s decision on whether to include a building or place on the List on the owner and (if different) any occupier of the building or place as soon practicable after the Minister has made the decision.

The Notice of the Intention to List was served on the landowners of the above place in February 2008 following Ministerial approval.

One representation has been received from a landowner who is awaiting a decision from the Planning Department in respect of a planning application which was submitted in October 2008. The representation is attached hereto. This objection is not considered by the Principal Ecologist to be material to the proposed designation of the land as an ecological Site of Special Interest.

The attached schedule describes the place, its location both in words and on a map, and the justification for its inclusion on the List, in accordance with legal requirements. The Decision to List Notice will be served on the owners and any occupiers of the place to be included on the List.

Recommendation

That the Assistant Minister approves:

the listing of the place given above; and
the service of Decision to List Notices in accordance with the requirements of the Law.

Written by:	Principal Ecologist

Approved by:	Director of environment

Attachments: Notice of Decision to list, site plan, descriptions and justifications for:

i) Grouville Marsh SSI, in the parish of Grouville

ED\15\02\02

Ministerial Decision ref: MD-PE-2009