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Supplementary Planning Guidance: Policy Note on Time-Limited Planning Permission

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

[THIS DECISION HAS BEEN RESCINDED BY MD-PE-2016-0163] A decision made 28 November 2016:

Decision Reference:    MD- PE- 2016 – 0127

Decision Summary Title:

SPG Adoption – Time limited planning permission

Date of Decision Summary:

27/09/2016

Decision Summary Author:

Principal Planner (Policy)

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

R-Proposed policy on time-limited planning permission

Date of Written Report:

27/09/2016

Written Report Author:

Principal Planner (Policy)

Written Report :

Public or Exempt?

 

Public

Subject:

Supplementary Planning Guidance:  Policy Note on time- limited planning permission

Decision:

The Minister:

1. Noted the consultation feedback and endorsed the response to it, and;

2. Resolved to adopt and publish the SPG, without further change, to come into effect on 01 January 2017.

 

 

Reason for decision:

 

  1. Article 23(3)(b) of the Planning and Building (Jersey) Law 2002 states that a condition may relate to the period in which an approved development shall be begun. The Law does not stipulate any specific period of commencement and the Minister considers that a policy should be adopted to make clear the limited period of commencement.
  2. The Minister considers that the introduction of a three-year period of commencement for new approved developments will encourage a higher take-up rate of developments undertaken and, in doing so, will stimulate investment into St. Helier and will promote a more dynamic economy. Maintaining a consistency of time-limit for both outline and full permission will promote clarity.
  3. The provision of a definition of the commencement of development will provide helpful interpretation and promote clarity about when development is considered to have begun and when planning permission has been implemented;
  4. The development, adoption and publication of the guidance provides a clear basis for the duration of planning permission of assistance to proper government and the development industry.

 

Legal and Resource Implications:-

 

The development and publication of planning policy notes is in accordance with the above powers.  It is not envisaged, therefore, that there will be any legal or significant resource implications associated with the decision.

Action required:

 

1. Notify the media, Department staff and all consultees of the decision.

2. Instruct, relevant staff to amend the relevant Decision Notice templates to reflect the new policy.

 

 

Signature:

Deputy S Luce

 

 

 

Position:

Minister

Date Signed:

 

 

 

 

Date of Decision (If different from Date Signed):

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