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Supplementary Planning Guidance: Community Engagement in the Planning Process: Draft for Consultation

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 July 2012:

Decision Ref:

MD-PE-2012-0073

Subject:

SPG: Draft for consultation – community engagement in the planning process

Decision Summary Title:

DS – draft spg – Community engagement

DS Author:

Director: Policy, projects and the historic environment

DS Date:

29 June 2012

DS Status:

Public

Written Report Title:

SD – draft spg – Community engagement

WR Author:

Director: Policy, projects and the historic environment

WR Date

29 June 2012

WR Status:

Public

Oral Rapporteur:

Director: Policy, projects and the historic environment

Decision(s):

The Minister for Planning and Environment noted and endorsed the supplementary planning guidance as a draft for consultation and authorised its release.

Reason(s) for Decision:

  1. To help manage community engagement in the planning process it is considered appropriate to issue supplementary planning guidance;
  2. To provide an opportunity for key stakeholders and interested parties to influence supplementary planning guidance.

Legal and Resource Implications:

  1. Article 6 of the Planning and Building (Jersey) Law 2002, provides the Minister with power to issue guidelines and policies (i.e. including supplementary planning guidance). Before doing so, the Minister must consult any other Minister or statutory authority with an interest in the development in question.
  2. The development and publication of planning practice notes are in accordance with the above powers. Also, the main purpose of releasing the draft advice note is to enable formal consultation, prior to review and adoption. It is not envisaged, therefore, that there will be any legal implications associated with the recommended decision.
  3. The adoption of the guidance itself should not involve adverse resource implications for the Department of the Environment or decision-makers, given that the practice note will serve to provide advice about how community groups can best engage with the planning process.

Action required:

  1. Notify the Chairman of the Environment Scrutiny Panel and other key stakeholders of the Minister’s decision and provide them with a copy of the draft SPG;
  2. Request that the Greffier of the States arrange for a report to be presented in the States for their information;
  3. Publish the draft practice note on the States’ website and invite public comment;
  4. Prepare and issue a media release;
  5. Upon completion of the consultation process, inform the Minister for Planning and Environment of the consultation findings, modify the draft Advice Note, as appropriate, and present to the Minister for adoption

Signature:

 

 

Position:

Deputy RC Duhamel
Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

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