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Future Hospital: Planning Application: Revised Proposals

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Decision Reference:   MD-PE-2018 - 0039

 

Decision Summary Title :

Future Hospital

Date of Decision Summary:

13 April 2018

Decision Summary Author:

 

Principal Planner

Development Control

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Principal Planner

Development Control

Written Report

Title :

 N/A

Date of Written Report:

N/A

Written Report Author:

N/A

Written Report :

Public or Exempt?

 

N/A

Subject:  Consideration of the outline planning application for the revised proposed Future Hospital.

 

Decision(s):

 

The Minister decided that it is in the public interest to accept the above mentioned planning application for consideration without the application being accompanied by certificates from all the owners of the land certifying that the owner approves of the application being made.

 

Reason(s) for Decision:

 

The Minister has received the above mentioned planning application, which includes correspondence dated 12 April 2018 from the agent setting out that there are four owners of land within the application site.

 

The same correspondence has confirmed that two of the four owners approve of the application being made and in accordance with Article 9(3)(b) of the Planning and Building (Jersey) Law 2002, certification of their approval is included with the application. The agent’s letter also confirms that the other two owners have declined or are unable to provide such certification to accompany the submission of the application.

 

Article 9(4) of the Planning and Building (Jersey) Law 2002 enables the Minister to accept an application for consideration, without the certification of all the owners, if the Minister is satisfied that to do so would be in the public interest.

 

In this instance the Minister has had regard to the correspondence from the agent, and the Minister confirms that it is in the public interest to accept the application as it will enable the proper consideration of the planning issues as relevant to the future provision of hospital services, being a matter with potential implications for the whole population of the Island. This requires that the application is accepted for consideration without it being accompanied by the usual certificates from all the owners of the land.

 

Resource Implications:

 

None outside the usual application determination processes.

 

Action required:

 

The Chief Officer shall register and process the above mentioned planning application.

 

Signature:

 

Position:

Minister for the Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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