Government of Jersey

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A decision made (23.08.06) to extend the Delegation of Powers agreement.

Subject:	Extension of Delegated Powers: Provisional Listing
Decision reference:	MD-PE-2006-0114	Exempt clause(s):		None
Type of report:	Written/oral	Report file ref:		3/09
Person giving report (if oral): Director of Planning and Building Services
Author (if written): Assistant Director (Policy and Projects)
Written Report Title: Extension of Delegated Powers: Provisional Listing
Decision(s): The Minister for Planning and Environment is accordingly recommended to delegate authority to make decisions under Articles 53 and 60 of the Planning and Building (Jersey) Law 2002 to each of the following post holders; the Chief Officer – Planning and Environment; the Director of Planning and Building Services and the Director of Environment; the Assistant Director of Planning (Policy and Projects); the States Ecologist and the Principal Historic Buildings Advisor.
Reason(s) for decision: To ensure that these provisions of the law can be applied appropriately and expeditiously for the purposes that they were intended.
Action Required 1. To revise the Delegation of Powers agreement; 2. To notify the Greffier of the States; 3. Present report on new Delegation of Functions to the States 4. To notify staff
Signature: (Minister/ Assistant Minister)			Date of Decision:

Extension of Delegated Powers - Provisional Listing

		Item No:
		Date:

PLANNING AND ENVIRONMENT

Extension of Delegated Powers

Provisional Listing

Purpose of the Report

The purpose of this report is to enable the Minister for Planning and Environment to consider the extension of delegated powers in respect of those parts of the Planning and Building (Jersey) Law 2002 relating to the use of provisional listing.

Background

The Minister for Planning and Environment has vested certain delegated powers to specific officers of the department, as set out in his decision of 28 June 2006 (MD-PE-2005-0077). These do not, however, relate to the provisional listing powers conferred by the new Planning and Building (Jersey) Law 2002.

Discussion

The protection of specific features of the built and natural environment under the former Island Planning (Jersey) Law 1964, under law, was onerous, requiring the making of specific Orders, as secondary elements of legislation. This related to both tree protection Orders, and Orders for the designation of Sites of Special Interest. Accordingly, there was no legislative provision to respond quickly to situations where built and natural characteristics of the Island of potential value, such as trees, historic buildings or sites of ecological value, were under imminent threat of damage or loss.

The new Planning and Building (Jersey) Law 2002 sought to address this legislative deficiency through the introduction of provisional listing powers in respect of exactly these features. These are conferred by the following Articles:

o 53: Provisional Listing of Sites of Special Interest;

o 60: Provisional Listing of Trees.

In both instances, the Minister is empowered to place a building, place or tree upon a List, and thus confer upon it certain protection, where he/she considers it ‘necessary or expedient to restrain an actual or apprehended;’

o operation or change which would adversely affect the special interest of a building or place (Under Article 53); or

o removal or damage to a tree (under Article 60)

The efficiency and effectiveness of their use will clearly rely upon the speed of their application.

It is important to note that the use of both of these articles effectively provides the trees, buildings or places to which they are applied with a temporary form of protection under law until such time (and no longer than three months) that the Minister determines whether they ought to be permanently retain this protection. This allows time for more detailed consideration of their value to be obtained and allows time for representations to be made and considered.

It is considered that there may be circumstances where the requirement to secure the Minister’s authority to exercise these powers has the potential to engender delay and thus risk the loss or damage of a potentially valuable tree, building or place. This would serve to undermine the basis and spirit upon which these legislative provisions were conceived.

Conclusions and recommendation

On the basis of the above, it is considered appropriate that the delegation of powers be extended in respect of these particular articles to enable officers to exercise them where it is expedient and appropriate to do so. As stated above, these powers impose temporary protection under law and the ultimate decision as to whether they should continue to enjoy permanent protection remains with the Minister as he must consider this matter within three months of any decision to ‘provisionally list’ a tree, building or place.

It is considered appropriate that these delegated powers be extended to the Chief Officer – Planning and Environment; the Director of Planning and Building Services and the Director of Environment; the Assistant Director of Planning (Policy and Projects); the States Ecologist and the Principal Historic Buildings Advisor.

The Minister for Planning and Environment is accordingly recommended to delegate authority to make decisions under Articles 53 and 60 of the Planning and Building (Jersey) Law 2002 to each of the following post holders; the Chief Officer – Planning and Environment; the Director of Planning and Building Services and the Director of Environment; the Assistant Director of Planning (Policy and Projects); the States Ecologist and the Principal Historic Buildings Advisor.

Reason(s) for Decision

To ensure that these provisions of the law can be applied appropriately and expeditiously for the purposes that they were intended.

Action Required

1. To revise the Delegation of Powers agreement;

2. To notify the Greffier of the States;

3. Present report on new Delegation of Functions to the States

4. To notify staff

Written by:	Kevin Pilley Assistant Director: Planning and Building Services

Approved by:	Peter Thorne Director: Planning and Building Services

Endorsed by:	Mike Freeman States Ecologist

3/09

15 August 2006