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Linden House, Bagatelle Road, St. Saviour: Protection of Trees

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 February 2012:

Decision Ref:

MD–PE–2012-0015

Subject:

List of Protected Trees: Atlas Cedar (Cedrus atlantica) and Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour

Decision Summary Title:

DS - List of Protected Trees: Atlas Cedar (Cedrus atlantica) and Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour

DS Author:

Director

Ref:

T/2012/0001

DS Date:

23 February 2012

DS Status:

Public

Written Report Title:

WR – List of Protected Trees: Atlas Cedar (Cedrus atlantica) and Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour

WR Author:

Director

WR Date

23 February 2012

WR Status:

Public

Oral Rapporteur:

Director: Policy and Projects

Decision(s):

The Minister for Planning and Environment:

  1. confirmed the Listing of the Atlas Cedar (Cedrus atlantica) on land at Linden House, Bagatelle Road, St Saviour
  2. did not confirm the Listing of the Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour, and endorsed its removal from the List of Protected trees

Reason(s) for Decision:

  1. The amenity value of the Atlas Cedar (Cedrus atlantica) on land at Linden House, Bagatelle Road, St Saviour, as assessed, relative to the criteria for selection, justifies its inclusion on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and;
  2. Whilst the amenity value of the Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour, as assessed, relative to the criteria for selection, would justify its inclusion on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002, the fact of its diseased condition and potential risk to safety is an overriding consideration.

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:

  1. Notify owner
  2. Update the List of Protected Trees
  3. Notify Development Control

Signature:

 

 

Position:

Deputy RC Duhamel, Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

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