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Sites of Special Interest: La Motte (Green Island) Le Croc and Le Nez SSI, St Clement: Notice of Decision to List.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (13/05/2009) regarding: Sites of Special Interest: La Motte (Green Island) Le Croc and Le Nez SSI, St Clement: Notice of Decision to List.

Decision Reference: MD-PE-2009-0080 

Decision Summary Title

Sites of Special Interest

Date of Decision Summary:

 

Decision Summary Author:

Mike Freeman, Principal Ecologist

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title

Notice of Decision to List as Site of Special Interest

Date of Written Report:

16 April 2009

Written Report Author:

Mike Freeman, Principal Ecologist

Written Report :

Public or Exempt?

 

Public

Subject:

Sites of Special Interest: La Motte (Green Island) Le Croc and Le Nez SSI, St Clement: Notice of Decision to List.

Decision(s):

The Assistant Minister -

1.       approved the proposal to include the place set out below:- 

           i)  La Motte (Green Island) Le Croc and Le Nez SSI, St Clement  

on the List of Sites of Special Interest by reason of its special interest as defined in the attached schedule, under the provisions of the Planning and Building (Jersey) Law 2002; and 

  1. approved the serving of the Decision to List Notice in accord with the requirements of the Law.

Reason(s) for Decision: 

The proposal accords with the States Strategic Plan commitment of increasing the number of Sites of Special Interest listed under the provisions of the Planning and Building (Jersey) Law 2002.

Resource Implications:

None

Action required:

Decision to List Notice to be served in accord with the requirements of the Law.

Signature:

Position: 

Date Signed: 

Date of Decision (If different from Date Signed): 

Sites of Special Interest: La Motte (Green Island) Le Croc and Le Nez SSI, St Clement: Notice of Decision to List.

PLANNING AND ENVIRONMENT DEPARTMENT  

ENVIRONMENT DIVISION  

Sites of Special Interest Listing  
 

Purpose of the Report  

  1. The purpose of this report is to ask the Minister to approve the decision to include the places set out below:-

i) La Motte (Green Island), Le Croc and Le Nez SSI, in the parish of St Clement; 

on the List of Sites of Special Interest by reason of its special interest as defined in the attached schedule, under the provisions of the Planning and Building (Jersey) Law 2002; and

  1. approve the serving of the Decision to List Notice in accord with the requirements of the Law.

 
 

Background and discussion 

The Notice of the Intention to List was served on the landowners of the above place on 10th March 2009 following Ministerial approval. 

Article 52 of the Planning and Building (Jersey) Law 2002 states: 

(1)  Except as provided by Article 53 (Provisional Listing) the Minister shall not include a building or place on the List of Sites of Special Interest unless at least 28 days previously it has served a notice of its intention to do so. 

(2)  The notice shall be served-

(a) on the owner of the of the building; or

(b) by displaying it in a conspicuous place in or near the building or place. 

(3)  A person with an interest in the building or place referred to in the notice may make written representations to the Minister in respect of the proposed inclusion of the building or place on the List of Sites of Special Interest. 

(4)  In determining whether to include a building or place on the List the Minister-

(a) shall take into account any representations made under paragraph (3) to the extent that they relate to the special interest of the proposed Site of Special Interest; and

(b) where the building or place falls within the area of responsibility or concern of a Committee or a body or person created by statute, shall consult that Committee, body or person and shall take into account any representations made;

(c) may consult any person it considers has a special knowledge of or interest in the building or place. 

(5)  The Minister shall serve notice of the Minister’s decision on whether to include a building or place on the List on the owner and (if different) any occupier of the building or place as soon practicable after the Minister has made the decision.  

The 28 day period following the service of the Intention to List Notice has now expired and there have been no representations.  

The attached schedule describes the place, its location both in words and on a map, and the justification for its inclusion on the List, in accordance with legal requirements. The Decision to List Notice will be served on the owner and any occupiers of the places to be included on the List. 

Recommendation 

That the Minister approves:

  1. the listing of the place given above; and
  2. the service of Decision to List Notics in accordance with the requirements of the Law.

 
 
 

Written by:

M Freeman (Principal Ecologist)

 

 

Approved by: 

Chris Newton (Director of environment )

 

 

 

Attachments: Notices of Decision to list, site plans, descriptions and justifications for: 

i) La Motte (Green Island), Le Croc and Le Nez SSI, in the parish of St Clement 
 

ED\15\02\02

Ministerial Decision ref: MD-PE-2009

 

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