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Beach Hotel Site, St. Martin: Sea Walls: Grant and Modification of Rights

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 29 January 2018:

Decision Reference: MD-PH-2018-0005

 

Decision Summary Title :

Grant and Modification of Rights re Sea Walls at the Beach Hotel Site, St Martin

Date of Decision Summary:

25 January 2018

Decision Summary Author:

Estates Surveyor

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Grant and Modification of Rights re Sea Walls at the Beach Hotel Site, St. Martin

Date of Written Report:

25 January 2018

Written Report Author:

Estates Surveyor

Written Report :

Public or Exempt?

 

Exempt Clause refs. QE Article 33(b) and QE Article 34(b)

Subject: Grant and Modification of Rights re Sea Walls at the Beach Hotel Site, St Martin

SF 0749-01-001

Decision(s):

In accordance with Standing Order 168 (1) (c) the Minister decided, as recommended by Jersey Property Holdings, to agree to the participation of the Public of the Island in a Deed of Arrangement with the owner of the site of the former Beach Hotel, Gorey Coast Road, St Martin (the “Property”) to:-

  1. Confirm and ratify the minor encroachment resulting from the overlay works to the sea walls forming part of the Property;
  2. Confirm and ratify the new set of steps on the South-East sea wall elevation;
  3. Confirm and ratify the two new surface water outlets to the North-East of the sea wall;
  4. Grant any other appurtenant rights.

Reason(s) for Decision:

The proposals outlined in this report are not prejudicial to the Public.

Resource Implications:

  1.       The financial implications of this decision are detailed in the accompanying report.
  2.       There are no manpower implications in respect of this decision.

Action required:

Under Standing Order 168 (5) the Minister hereby authorised the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the Public.

Signature:

Position:

Deputy E J Noel

Minister for Infrastructure         

Date Signed:

 

Date of Decision (If different from Date Signed):

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