Trees protected by listing at The Hollies, La Rue de la Croix, St. Clement

Information about the publication of Ministerial Decisions

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 9 February 2010 regarding: Trees protected by listing at The Hollies, La Rue de la Croix, St. Clement.

Decision Ref:	MD–PE–2010-0013
Subject:	List of Protected Trees: Purple maple (Acer platanoides ‘Crimson King’) and Sycamore (Acer pseudoplatanus) at The Hollies, La Rue de la Croix, St Clement
Decision Summary Title:	DS - List of Protected Trees: Purple maple (Acer platanoides ‘Crimson King’) and Sycamore (Acer pseudoplatanus) at The Hollies, La Rue de la Croix, St Clement
DS Author:	Assistant Director
DS Date:	25 January 2010	DS Status:	Public
Written Report Title:	WR – List of Protected Trees: Purple maple (Acer platanoides ‘Crimson King’) and Sycamore (Acer pseudoplatanus) at The Hollies, La Rue de la Croix, St Clement
WR Author:	Assistant Director
WR Date	25 January 2010	WR Status:	Public
Oral Rapporteur:	Assistant Director: Policy and Projects
Decision(s):	The Minister for Planning and Environment determined that Purple maple (Acer platanoides ‘Crimson King’) and Sycamore (Acer pseudoplatanus) at The Hollies, La Rue de la Croix, St Clement be maintained on the List of Protected Trees
Reason(s) for Decision:	The amenity value of Purple maple (Acer platanoides ‘Crimson King’) and Sycamore (Acer pseudoplatanus) at The Hollies, La Rue de la Croix, St Clement, justifies their inclusion on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and; It accords with the States Strategic Plan commitment of protecting the Island’s natural environment.
Legal and Resource Implications:	Article 58(2) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on the List of Protected Trees, those trees that the Minister is satisfied should not be cut down, lopped or otherwise altered, harmed or interfered with without the Minister’s permission in the interests of the amenity of Jersey.
Action required:	Notify owner Update the List of Protected Trees Notify Development Control
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Trees protected by listing at The Hollies, La Rue de la Croix, St. Clement

PLANNING AND ENVIRONMENT

List of Protected Trees

Purple maple (Acer platanoides ‘Crimson King’) and Sycamore (Acer pseudoplatanus) at The Hollies, La Rue de la Croix, St Clement

Purpose of the Report

The purpose of this report is for the Minister for Planning and Environment to consider the retention of a Purple maple (Acer platanoides ‘Crimson King’) and Sycamore (Acer pseudoplatanus) at The Hollies, La Rue de la Croix, St Clement on the List of Protected Trees.

Background and discussion

Planning permission has recently been granted for the development of this site, which is prominent at the junction of Rue de la Croix and La Rue de Pontlieutaut, St Clement. There are two large trees which are prominent and significant features on the site and it was considered important that their contribution to the amenity of the locality be recognised and protected from risk of damage or loss. It was resolved to provisionally add the tree(s) to the List of Protected Trees under delegated powers.

Notice was duly served on the owner of the site providing opportunity for representations to be received. The owner has not raised any objection to the Listing of the trees but has expressed some disquiet about the prospect of seeking the Minister’s consent to undertake works to the trees in the future. This is not material to the decision about whether to List the trees and is a matter that can be readily dealt with through an agreed management plan, subject to the advice of the States Arboricultural Officer.

The tree(s) have been assessed by the States Arboricultural Officer and his report is attached, together with details of the location and photographs of the trees.

Recommendation

On the basis of the above, and with specific regard to the advice of the States Arboricultural Officer, it is recommended that these tree(s) should be maintained on the List of Protected Trees on the basis of their public amenity value.

Reason(s) for Decision

The retention of a Purple maple (Acer platanoides ‘Crimson King’) and Sycamore (Acer pseudoplatanus) at The Hollies, La Rue de la Croix, St Clement on the List of Protected Trees is in accordance with the criteria for designation on account of their contribution to the amenity of the Island.

Legal and resource implications

Article 58(2) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on the List of Protected Trees, those trees that the Minister is satisfied should not be cut down, lopped or otherwise altered, harmed or interfered with without the Minister’s permission in the interests of the amenity of Jersey.

Action Required

Notify owner
Update the List of Sites of Protected Trees
Notify Development Control

Written by:	Kevin Pilley Assistant Director: Planning and Building Services
Approved by:	Peter Thorne Director: Planning and Building Services

Attachments:

Site Plan

Photographs

Report of States Arboricultural Officer dated 17 December 2009

File ref: T/2009/0029

Date: 25 January 2010

Chief Executive Officer: Andrew Scate BA (Hons), Dip TP, MRTPI, MinstLM Director of Planning: Peter Thorne, M.R.T.P.I., M.C.M.I.