Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Egypte Farm, La Rue d'Egypte, Trinity: Planning Application (P/2015/0978): Appeal: Referral back to Inspector

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 December 2019

Decision Reference:  MD-PE-2019-0083

Application Reference: P/2015/0978

Decision Summary Title:

Appeal referral back to Inspector – Egypte Farm, La Rue d’Egypte, Trinity

Date of Decision Summary:

10 December 2019

Decision Summary Author:

Principal Policy Planner – Strategic Policy, Performance & Population

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Principal Policy Planner

Written Report

Title :

n/a

Date of Written Report:

n/a

 

Written Report Author:

n/a

Written Report :

Public or Exempt?

n/a

Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to grant planning permission for; “Reconstruct 1 No. farmhouse to form 1 No. 3-bedroom dwelling and 1 No. outbuilding to form a garage and store. Stabilise other buildings on site” at Egypte Farm, La Rue d’Egypte, Trinity.

 

Decision:

The Minister resolved to:

 

  1. Refer the appeal back to the Inspector for further consideration of the potential impact of the proposed development upon protected species that may be present within, or in proximity to, the site. In accordance with Article 115(4)(d) of the Planning and Building (Jersey) Law 2002, the Inspector may request from any interested party such further and better particulars as the Inspector may reasonably require to reach a decision on the potential impact upon protected species.

 

  1. Request the Inspector to prepare a supplementary report and recommendation, in response to (1) above, as soon as practicable.

 

  1. Defer the determination of the appeal until such time that the Inspector’s supplementary report and recommendation are produced and submitted to the Minister.

 

Reason for Decision:

The Minister considered that an ecological assessment is required prior to any determination of the appeal in order to enable the potential impact of the proposed development upon protected species to be properly assessed in light of Policies GD1, NE1, NE2, NE3 and NE4 of the Adopted Island Plan 2011 (Revised 2014).

 

Resource Implications:

Legal: Article 116(2)(b) confers the vires to the Minister to refer an appeal back to the Inspector for further consideration of such issues as the Minister shall specify.

 

Financial: there are no significant financial implications expected as a result of the Minister’s decision.

Action required:

Request the Judicial Greffe to inform the Inspector of the Minister’s referral back for a supplementary report and recommendation.

Signature:

 

 

 

 

Deputy John H Young

Position:

 

 

 

 

Minister for the Environment

Date Signed:

 

 

 

 

 

Date of Decision (If different from Date Signed):

 

 

Back to top
rating button