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Planning and Environment: Improvements to Planning Process

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 5 December 2011:

Decision Reference:  MD-PE-2011-0125 

Decision Summary Title

Minister for Planning and Environment Planning Improvements

Date of Decision Summary:

 05.12.2011

Decision Summary Author:

 

Business Manager, Department of the Environment

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title

Minister for Planning and Environment Planning Improvements

Date of Written Report:

01.12.2011

Written Report Author:

Business Manager, Department of the Environment

Written Report :

Public or Exempt?

 

Public

Subject:  Minister for Planning and Environment to implement a number of changes to the planning process

Decision(s):  The Minister for Planning and Environment has announced that he will be implementing a number of changes to the planning process, in order to improve the performance of the department and to speed up planning decisions. These changes will be implemented from early 2012.

 

Reason(s) for Decision:

To improve the performance of the Department of the Environment and to speed up planning decisions.

 

Resource Implications:

There are no resource implications.

Action required:

1. None

Signature:

 

Deputy R Duhamel

Position:

 

Minister for Planning and Environment

Date Signed:

 

Date of Decision

 

Hide report
Planning and Environment: Improvements to Planning Process

Minister for Planning and Environment Planning Improvements

 

The Minister for Planning and Environment has announced that he will be implementing a number of changes to the planning process, in order to improve the performance of the department and to speed up planning decisions. These changes will be implemented from early 2012 with regular reviews taking place.

 

The Minister would also like to work closely with the new Environment Scrutiny Panel in identifying other areas for improvement with the Department of the Environment.

 

The planning process changes being implemented include:

 

  1. Performance targets

 

An eight week target will be re-introduced for smaller applications. These will include applications for domestic extensions and alterations and minor applications for commercial premises.

 

The current thirteen week target will be maintained for other applications, except for very large applications, where special performance agreements will be agreed with the applicant to reflect the size and complexity of these schemes.

 

  1. New Ministerial Protocol

 

The Minister would like the vast majority of planning applications to be reviewed and decisions determined by the department officers or the Planning Applications Panel (PAP).  The Minister will only get involved in planning decision in exceptional circumstances, generally only when planning schemes are of Island wide significance, or with major proposals relating to regeneration zones. The Minister will also only be involved in pre-application discussions with applicants in exceptional cases.

 

These changes in the Ministerial protocol support recommendations made by the Planning Officers Society for England and Wales following their 2010 review, and recommendations made in the 2011 Committee of Inquiry report into the processes surrounding the Reg’s skips case.

 

  1. Faster and Clearer Decisions

 

Currently, decisions relating to some planning applications can be delayed whilst discussions about the scheme continue between the applicant and the planning department. This practice can lead to long delays in decisions being made, and it can sometimes be unclear to the applicant why a decision is not being made.

 

In future, the planning officers and the Planning Applications Panel will make faster and clearer decisions, even if this results in an application being refused.

 

Where an application is refused (or withdrawn), the same applicant will now be able to submit, without paying a fee, one further application for the same character or description of development on the same site. The revised application must be made within six months.

 

This change will provide applicants with quicker certainty on areas that may need revising and the opportunity to address these issues without incurring a second fee.

 

  1. Delegation levels to officers

 

At present, the Planning Applications Panel deal with all planning applications that receive one or more third party objections. This can lead to delays in a decision being made and greatly increases the number of applications that the Planning Application Panel are asked to review.

 

In future, only those planning applications that receive four or more objections will be passed to the planning applications panel. All other applications will be dealt with by planning officers, who will consider the objections when making their decision.

 

This change will speed up decision making, as these will not be dependent on monthly Planning Application Panel meetings.

 

  1. New planning appeals system

 

Early in 2012, the Minister will consult on the creation of new merits based planning appeal system and one which is less expensive for appellants than the current Royal Court based system. This will ensure greater equity in the planning system and offer greater independent challenge on planning decisions in the island.

 

  1. Exempt developments

 

The Minister is keen to extend the number of development exemptions, where planning permission is not required. He will be working with the new Environment Scrutiny panel with the aim of increasing these limits during the first half of 2012.

 

  1. Information Technology (IT) Improvements

 

A new IT system will go live in early 2012 which will help planning officers to better manage their work loads. This will involve electronic document management and will fundamentally shift the long established paper based process to an electronic and online process. It will allow the applications to be submitted online and for the general public to view plans and proposals submitted and for them to comment online.

 

 

Department of the Environment

1 December 2011

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