6 Alma Gardens, Route de St. Aubin, St. Lawrence

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A decision made (20.09.06) to maintain refusal of planning permission for 6 Alma Gardens, Route de St. Aubin, St. Lawrence.

Subject:	High Hedges (Jersey) Law 200- : amendments to draft law
Decision Reference:	MD-PE-2006-0110	Exempt clause(s):		None
Type of Report (oral or written):	Written/ oral	Person Giving Report (if oral):		Kevin Pilley: Assistant Director (Policy and Projects)
Telephone or e-mail meeting	n/a	Report File ref:		1/05/02/04
Written Report Title:	High Hedges (Jersey) Law 200- : amendments to draft law	Written report – Author:		Kevin Pilley: Assistant Director (Policy and Projects)
Decision(s): The Minister for Planning and Environment approved the High Hedges (Jersey) Law 200- (Version 10 – 02 August 2006) as a basis for referral to the Law Officer’s Department and subsequently the States.
Reason(s) for decision: To enable an accurate and comprehensively reviewed version of the draft law to progress.
Action required: 1. The Assistant Director of Planning to refer the High Hedges (Jersey) Law 200- (Version 10 – 02 August 2006) to the Law Officers Department for; a. an assessment of compliance with Human Rights; b. a determination of the level of fines; c. referral to the Receiver General’s Office, and possibly the Lord Chancellor’s Department, for consideration of the implications for Crown land; 2. On receipt of the further advice of the Law Officer’s Department, to bring the matter back before the Minister in order that it might be lodged in the States.
Signature: (Minister/ Assistant Minister)			Date of Decision:

High Hedges - Amendments to Draft Law.

		Item No:
		Date:

PLANNING AND ENVIRONMENT

High Hedges (Jersey) Law 200-

Amendments to draft law

Purpose of the Report

The purpose of this report is for the Minister for Planning and Environment to consider the amendments to the draft law made in response to a drafting error and an amendment to Article 23 concerning the application of the law to Crown land.

Background

On the basis of the response to consultation, the Minister for Planning and Environment approved the High Hedges (Jersey) Law 200- and delegated the Assistant Director of Planning to liaise with the Law Draftsman about the application to Crown land on 01 August 2006.

Subsequent to this, a drafting error has come to light and the matter of the application of the law to Crown land has been resolved.

Discussion

Drafts

The previous report referred to the High Hedges (Jersey) Law 200- (version 10 – 30 November 2005), which was attached to the report. The report and attachment should have referred to (Version 09 – 29 November 2005).

The difference between the two versions is a minor drafting error at Article 6 (4) (shown at appendices 1a and 1b). Version 09 – 29 November 2005 is the ‘official’ Law Draftsman’s Office version of the Law and it is only this version which has validity.

Application to Crown land

The matter of the application of the draft law to Crown land has now been raised with the Law Draftsman and clarification obtained that all provisions of the law should apply, apart from criminal liability.

Conclusion

The draft law has been formally amended by the Law Draftsman’s Office to give effect to its application to Crown land, and to address the typographical error at Article 6 (4). This has given rise to Version 10 – 02 August 2006, attached at appendix 2.

Recommendation

On the basis of the above the Minister for Planning and Environment is recommended to approve the High Hedges (Jersey) Law 200- (Version 10 – 02 August 2006) as a basis for referral to the Law Officer’s Department and subsequently the States.

Reason(s) for Decision

To enable an accurate and comprehensively reviewed version of the draft law to progress.

Action Required

1. The Assistant Director of Planning to refer the High Hedges (Jersey) Law 200- (Version 10 – 02 August 2006) to the Law Officers Department for;

a. an assessment of compliance with Human Rights;

b. a determination of the level of fines;

c. referral to the Receiver General’s Office, and possibly the Lord Chancellor’s Department, for consideration of the implications for Crown land;

2. On receipt of the further advice of the Law Officer’s Department, to bring the matter back before the Minister in order that it might be lodged in the States.

Written by:

Kevin Pilley

Assistant Director: Planning and Building Services

Attachments:

Appendix 1a: Article 6(4) High Hedges (Jersey) Law 200- (Version 10 – 30th November 2005);

Article 6(4) High Hedges (Jersey) Law 200- (Version 09 – 29th November 2005);

Appendix 2: High Hedges (Jersey) Law 200- (Version 10 – 02 August 2006)

File ref: 1/05/02/04

Date: 07 August 2006