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Protected Trees: Hybrid Black Poplars: Rue des Pres Trading Estate, St. Saviour

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 30 November 2012:

Decision Ref:

MD–PE–2012-0122

Subject:

List of Protected Trees:

Hybrid Black poplars at Rue des Pres Trading Estate, St Saviour

Decision Summary Title:

DS – List of Protected Trees; Hybrid Black poplars at Rue des Pres Trading Estate, St Saviour

DS Author:

Director

File reference:

T/2012/007

DS Date:

15 Nov 2012

DS Status:

Public

Written Report Title:

WR – List of Protected Trees; Hybrid Black poplars at Rue des Pres Trading Estate, St Saviour

WR Author:

Director: Policy, Projects and the Historic Environment

WR Date

15 Nov 2012

WR Status:

Public

Oral Rapporteur:

Director: Policy, Projects and the Historic Environment

Decision(s):

The Minister confirmed the addition of 26 hybrid Black poplars at Rue des Pres Trading Estate, St Saviour to the List of Protected Trees.

Reason(s) for Decision:

  1. the 26 hybrid Black poplars (Poplus nigra) at Rue des Pres Trading Estate, St Saviour are of sufficient amenity value to warrant their addition to the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002;
  2. the Listing of the trees will provide the Minister for Planning and Environment with an ability to ensure that the environmental quality and amenity of the area is safeguarded through the regulation of any removal and replacement of the trees to be protected.

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 which the Minister is satisfied, in the interests of the amenity of Jersey, should not be cut down, lopped or otherwise altered, harmed or interfered with, without the Minister’s permission.

Action required:

Serve notice of the Minister’s confirmation of the addition of the tree(s) to the List of Protected Trees

Signature:

 

 

Name and Position:

Deputy RC Duhamel, Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

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