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Retention of wooded cotil relating to Oak Tree Gardens, St. Helier.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (18/11/2008) regarding: Retention of wooded cotil relating to Oak Tree Gardens, St. Helier.

Decision Reference:      MD-H-2008-0110

Decision Summary Title :

DS-Stafford Lane Retention of Land

Date of Decision Summary:

14 November 2008

Decision Summary Author:

Dominique Caunce

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Dominique Caunce

Written Report

Title :

 

Date of Written Report:

 

Written Report Author:

 

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

 

Subject:

To approve the retention by the Public of an area of wooded cotil which runs along the boundary of Oak Tree Gardens and the Jersey Water Stafford Lane booster station.

Decision(s):

The Minister approved the retention of the wooded cotil by the Public.

Reason(s) for Decision:

In order to sell homes at Oak Tree Gardens through P6/2007, the Social Housing Property Plan 2007-2016, it is necessary to identify the “communal areas” on the Estate and to transfer ownership of those areas to a previously registered Property Owners Association. Due to its current condition, the wooded cotil area is not deemed appropriate to be transferred to the Association and will be retained by the Public until such time as it can be improved. This is in keeping with the spirit of P6/2007 which suggested that the Public should not pass on any potential maintenance liability to new home owners.

Resource Implications:

Financial:  None

Action required:

Director of Tenant Services to advise Property Holdings and the Law Officers Department accordingly.

Signature: 

Position:

Minister

Date Signed:

Date of Decision (If different from Date Signed): 

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