Extension of Delegated Powers.

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A decision made (13/07/2007) regarding: Extension of delegated powers.

Subject:	Extension of delegated powers
Decision ref:	MD-PE-2007-0169	Exempt clause(s):		None
Type of report:	Written and oral	Report file ref:		3/28/04
Person giving report (if oral): Assistant Director: Policy and Projects
Written report – author: Assistant Director: Policy and Projects
Written Report Title: Extension of delegated powers
Decision(s): The Minister for Planning and Environment determined that the existing Delegation Agreement be extended to delegate authority for; the making of decisions related to the undertaking of an operation or change of use not amounting to development, at a Site of Special Interest, as required by Article 54(2)(a) of the Planning and Building (Jersey) Law 2002; the making of decisions related to works to a protected tree, as required by Article 61(1)(a) of the Planning and Building (Jersey) Law 2002; the making of decisions related to the disallowance of requests for the consideration of the protection of a building or site for inclusion on the Register of Buildings of Historical or Architectural Importance or the List of Sites of Special Interest. And the Minister for Planning and Environment approved the revised Delegation Agreement attached at appendix 1.
Reason(s) for decision: The decision ensures that the provisions of the law, in discharging the Minister’s responsibilities, can be applied appropriately, expeditiously and efficiently.
Action required: To notify the Greffier of the States to enable the presentation of a report on the revised Delegation Agreement to the States; Notify staff
Signature: Minister			Date of Decision:

Extension of Delegated Powers.

Item No:
		Date:

PLANNING AND ENVIRONMENT

Extension of delegated powers

Purpose

The purpose of this report is to enable the Minister for Planning and Environment to consider the extension of delegated powers.

Background

The Minister for Planning and Environment has vested certain delegated powers to the Assistant Minister, the Planning Applications Panel and specified officers, as set out in his decisions of 28 June 2006 (MD-PE-2006-0077) and 23 August (MD-PE-2006-0114). These do not, however, presently include:

the making of decisions related to the undertaking of an operation or change of use not amounting to development, at a Site of Special Interest, as required by Article 54(2)(a) of the Planning and Building (Jersey) Law 2002;
the making of decisions related to works to a protected tree, as required by Article 61(1)(a) of the Planning and Building (Jersey) Law 2002;
the making of decisions related to the disallowance of requests for the consideration of the protection of a building or site for inclusion on the Register of Buildings of Historical or Architectural Importance or the List of Sites of Special Interest.

Discussion

It is considered that there are advantages to the efficient and effective operation of the business of the department, in discharging the responsibilities of the Minister, for the extension of delegated powers in respect of those parts of the Planning and Building (Jersey) Law 2002 identified above. These are considered further below:

Decisions under Article 54(2)(a): works to a Site of Special Interest
Delegated authority to determine applications for works to SSIs existed under the former Island Planning (Jersey) Law, 1964, but has not been formalised under the Delegation Agreement established under the Planning and Building (Jersey) Law 2002. This is an anomaly and it is considered appropriate that this situation is rectified and the delegated power be formalised in a revised Delegation Agreement. Authority would be vested in officers except where circumstances required referral to the Planning Applications Panel, as set out in the Code of Practice in the Delegation Agreement.

Decisions under Article 61(1)(a): works to a Protected Tree
Whilst reference is made to Article 61 in the Code of Practice in the Delegation Agreement, the delegation of powers to the Panel and officers in this respect is not entirely clear. It is considered that this anomaly be rectified and that explicit reference is made to the delegation of this power in the Agreement.

Disallowing requests to protect sites and buildings
The Minister is able to confer protection on sites and buildings under the auspices of policy and guidance (Article 6(1) of the Planning and Building (Jersey) Law 2002 – and this is construed to include all sites and buildings which feature on the Historic Buildings Register) and law (Article 51 – relating to the List of Sites of Special Interest) of the Planning and Building (Jersey) Law 2002). The process for doing so involves an assessment of a building or site’s special interest by Jersey Heritage Trust, including the attainment of other expert views provided by the Ministerial Registration and Listing Advisory Group (MRLAG) before a determination by the Minister.

In some cases, it is evident that a site or building is without sufficient special interest to warrant inclusion on either the Register or the List. The current procedural regime does not, however, provide for anything but consideration through the full formal and comprehensive process which, in obvious cases, is wasteful of time and resources.

It is considered appropriate, in the interests of efficiency and effectiveness, that power be delegated to officers to effectively screen requests for consideration that buildings or sites be considered for protection. It is proposed that this would still require a professional recommendation from JHT which would then be determined by officers. Any such determinations would be reported to the Minister.

Any interested party not satisfied with determination in this manner would be able to seek formal Ministerial consideration.

It is proposed that the Chief Executive Officer, the Director, Assistant Director of Policy and Projects and the Principal Historic Buildings Advisor be delegated powers to determine such requests.

An amended Delegation Agreement, reflecting the changes identified above, and consolidating those changes previously agreed, is attached at Appendix 1.

Legal and other implications

For these provisions to take effect the revised Delegation Agreement which sets out the extent and Code of Practice of delegated powers would need to be presented to the States.

Consultation requirements

There are no consultation requirements for the extension of the Delegation Agreement.

It is considered that there is no requirement for the matter of the extension of the Delegation Agreement to be referred to the Council of Ministers.

Recommendation

On the basis of the above, it is recommended that the Minister for Planning and Environment extends the Delegation Agreement and delegates authority for;

the making of decisions related to the undertaking of an operation or change of use not amounting to development, at a Site of Special Interest, as required by Article 54(2)(a) of the Planning and Building (Jersey) Law 2002;
the making of decisions related to works to a protected tree, as required by Article 61(1)(a) of the Planning and Building (Jersey) Law 2002;
the making of decisions related to the disallowance of requests for the consideration of the protection of a building or site for inclusion on the Register of Buildings of Historical or Architectural Importance or the List of Sites of Special Interest.

On the basis of the above, it is further recommended that the Minister for Planning and Environment approves the revised Delegation Agreement attached at appendix 1.

Reason(s) for Decision

The decision ensures that the provisions of the law, in discharging the Minister’s responsibilities, can be applied appropriately, expeditiously and efficiently.

Action Required

To notify the Greffier of the States to enable the presentation of a report on the revised Delegation Agreement to the States;
Notify staff

Written by:

Kevin Pilley

Assistant Director: Planning and Building Services

Approved by:

Peter Thorne

Director: Planning and Building Services

Attachments:

Appendix 1: Planning and Environment Department, Planning and Building Services Division, Revised Delegation of Powers: Delegation Agreement

File ref: 3/28/04

Date: 07 July 2007