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Planning and Environment (2016 Fees) (Jersey) Order 2015: Re-instatement of 2015 fees

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 February 2016:

Decision Reference:    MD-PE-2016-0027

Decision Summary Title:

Update to Planning and Building (Fees)(Jersey) Order 2008 – Feb 2016

Date of Decision Summary:

15 February 2016

Decision Summary Author:

Business Director

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Update to Planning and Building Appeal fees – Feb 2016

Date of Written Report:

15 February 2016

Written Report Author:

Business Director

Written Report :

Public or Exempt?

 

Public

Subject:  Update to Planning and Building (Fees)(Jersey) Order 2008 – Feb 2016

Decision(s):

The Minister:

  1. Approved the changes to the Planning and Building Appeal fees as set out in the Update to Planning and Building Appeal fees – Feb 2016 report with effect from the 1st March 2016.
  2. Agreed to reduce the appeal fee due in relation to all appeals received between the 1st January 2016 and 29th February 2016 to that applicable on the 1st March 2016.

Reason(s) for Decision:

The Minister has considered P.4/2016 Draft Act annulling the Planning and Environment (2016 Fees)(Jersey) Order 2015, discussed fee options with department officers and Deputy Wickenden of St Helier and decided to re-instate the 2015 fees until such time as more information on the operation and associated costs of the planning and building appeals system is available.

Resource Implications:

This decision will result in a loss of income to the Judicial Greffe

Action required:

  1. Request the Law Draftsman to prepare the relevant fee order.
  2. Arrange for the fee changes to be advertised in the Jersey Evening Post.
  3. Request that the Judicial Greffe only applies the appeal fee as at 1st March 2016 to all appeals received between 1st January 2016 and 29th February 2016.
  4. Request that the Judicial Greffe and Treasury and Resources Department work together to minimise the costs associated with operating the planning and building appeals system and agree how to fund any shortfall resulting from this decision.

Signature:

 

 

Deputy S Luce

Position:

Minister for the Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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