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Environmental Impact Assessments (EIA) and Strategic Environmental Assessments (SEA): Publication of Guidance

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 July 2011 regarding:

Decision Reference:    MD-PE-2011-0074MD-PE-2011- 2007-0278

Decision Summary Title:

 Delegation of Statutory PowersAdoption of Supplementary Planning Guidance Note 18 for Environmental Impact Assessments (EIA) and Supplementary Planning Guidance Note 19 for Strategic Environmental Assessments (SEA)Request for reconsideration of refusal of Planning Permission

Date of Decision Summary:

21 July 2011 11 December 200821/02/08

Decision Summary Author:

Peter Thorne Jonathan GladwinPrincipal Planner

Decision Summary:

Public or Exempt?

 PublicPublic

Type of Report:

Oral or Written?

OralOral Written and Oral

Person Giving

Oral Report:

Peter ThorneJonathan Gladwin

Written Report

Title:

N/AN/A Request for reconsideration of refusal of Planning Permission

Date of Written Report:

N/A N/A20/12/07

Written Report Author:

N/AN/A Jonathan Gladwin

Written Report :

Public or Exempt?

 

N/A PublicN/A

Subject:  Publication of guidance that will inform the process for Environmental Impact Assessments (EIA) and Strategic Environmental Assessments (SEA)Delegation of Statutory Powers3 Ventnor Villas, La Route de St Aubin, St Helier, JE2 3SD

Replace dormer window with door, create balcony. REQUEST FOR RECONSIDERATION of refusal of planning permission

 

Decision(s):

The Minister adopted Supplementary Planning Guidance Note 18 for Environmental Impact Assessments (EIA) and Supplementary Planning Guidance Note 19 for Strategic Environmental Assessments (SEA) and agreed that they should be published.

The MinisterTo adopt the guidance, having been re-elected to the position, decided to renew the existing Agreement on the delegation of his statutory powers (R.120/2008)The Minister decided to Approve the planning application

 

 

Reason(s) for Decision: The decision to approve was given for the following reason: Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received.

 

The European Directive 2001/42/EC on the assessment of the effects of certain public and private projects on the environment sets out the legal requirement for Environmental Impact Assessment (EIA)  to be undertaken within the European Member States. Whilst the States of Jersey (SoJ) are not a signatory to the Directive, the value of the EIA process and the benefits it can bring as a process that identifies both the positive and negative environmental effects of proposed developments prior to planning permission being considered are recognised.  The process aims to prevent, reduce or offset any identified significant adverse environmental effects of development proposals.  The EIA process is a method of ensuring that planning decisions are made in the full knowledge of the environmental effects and with full engagement of statutory bodies, local interest groups and members of the public. The responsibility of completing an EIA lies wholly with the developer.

 

The European Directive 2001/42/EC on the assessment of the effects of certain plans and

programmes on the environment sets out the legal requirement for Strategic Environmental

Assessment (SEA) to be undertaken within the European Member States. Whilst the States of Jersey (SoJ) are not a signatory to the Directive, the value of the SEA process and the benefits it can bring to the plan-making process are recognised. It is intended that SEA will be undertaken for certain plans and programmes produced by the SoJ, utilities companies and private developers (referred to as the plan or programme-makers) to comply with best practice and to help deliver the most sustainable solutions for the Island. The guidance provides an indication of which plans or programmes may require SEA, how to apply the guidance and the mechanisms that the SoJ will put in place to enable SEAs to be effectively undertaken.To ensure that decisions are made at the appropriate level in the Ministry and Department to ensure the efficient administration of the Minister’s duties and responsibilities

Resource Implications:

NoneNoneNone

 

 

Action required: Notify Agent, Applicant and all other interested parties and issue Planning Permit.

 

The Greffier of the States be requested to re-present the agreement on delegation of functions to the States at the earliest opportunityPublish the guidance including on the department’s website

Signature:

 

Deputy R Duhamel

Position:

Minister

 

Date Signed:

 

 

 

Date of Decision (If different from Date Signed):

11 December 2008

 

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