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4 Darwell House, La Route du Petit Clos, St. Helier (HH/2012/0989): Hedge Reduction

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 December 2012:

Decision Reference:   MD-PE-2012-0130

Application Number:  HH/2012/0989

Decision Summary Title:

Darwell Grange, 4 Darwell House, La Route du Petit Clos, , St. Helier, Jersey, JE2 3FX

Date of Decision Summary:

6 December 2012

Decision Summary Author:

 

D Smyth

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

D Smyth

Written Report

Title

Planning and Environment Departmental Report

Date of Written Report:

6 December 2012

Written Report Author:

D Smyth

Written Report :

Public or Exempt?

Public

Subject:  Number 4 Darwell House, La Route du Petit Clos, St. Helier,JE2 3 FX

 

Reduction in height of a hedge row of Leylandii along the southern boundary of number 4 Darwell House.

 

Decision(s):

Reduce the hedge by 25cm for 5.2 metres of it’s length on the lower section of the southern boundary of number 4 Darwell House.

 

On 12/10/12 the Minister considered a departmental report. The background papers were attached to this report.

 

On 26/10/2010 the Minister also undertook a site visit accompanied by the case officer.

 

Thereafter, having regard to all material considerations, the Minister resolved to require that remedial action be undertaken, in respect of the hedge along the southern boundary of number 4 Darwell House as identified in the accompanying plans.

 

The following action is to be required:

 

a)         Initial action

The Minister requires the following steps to be taken in relation to the hedge before the end of the period specified in paragraph 1 below:

 

  1. Reduce the height of the Leylandii Cypress (the hedge) along the southern boundary of number 4 Darwell House by 25 cm for 5.2 metres of it’s length on it’s lower section within 3 months.

 

 

b)        Preventative action

Following the end of the period specified in paragraph 1 above, the Minister requires the following steps to be taken in relation to the hedge:

 

  1. The lower section of the hedge on the southern boundary shall be maintained for 5.2 metres of it’s length at a height not exceeding 2.50 metres above ground (tree base).

 

Reason(s) for Decision:

The Minister adjudged that the lower section of the hedge along the southern boundary of number 4 Darwell House, by virtue of its height, adversely impacts upon the complainants’ reasonable enjoyment of their property for domestic purposes.

 

Resource Implications: Potential third party appeal

 

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

PLeg / AS Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision

 

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