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Victoria Cottage Homes, St. Saviour: Protection of Trees

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Decision Ref:

MD–PE–2012-0034

Subject:

List of Protected Trees: Beech trees at Victoria Cottage Homes, St Saviour

Decision Summary Title:

DS - List of Protected Trees: Beech trees at Victoria Cottage Homes, St Saviour

DS Author:

Director

DS Date:

05 April 2012

DS Status:

Public

Written Report Title:

n/a

WR Author:

n/a

WR Date

n/a

WR Status:

n/a

Oral Rapporteur:

Director

Decision(s):

The Minister resolved;

  1. not to add the five beech trees, at Victoria Cottage Homes, St Saviour to the List of Protected Trees;
  2. to encourage the Minister for Housing to implement a comprehensive replacement of the beech trees at Victoria Cottage Homes with a new avenue of substantial semi-mature trees

Reason(s) for Decision:

  1. whilst the five beech trees, at Victoria Cottage Homes, St Saviour are all of sufficient amenity value to warrant addition to the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002, three of them are suffering from fungal decay and the remaining two, whilst displaying no visible evidence of fungal attack presently are considered likely to succumb to the same within a relatively short period of time;
  2. the replacement of the beech trees, following their comprehensive removal, with a new avenue of substantial semi-mature trees is considered to be important for the local townscape, the setting of the Listed building and the character of the area.

Legal and Resource Implications:

The Minister is empowered to add trees to the List of Protected Trees where he is satisfied they have public amenity value, having considered all relevant material considerations as set out in the Law.

In adding a tree to the List the Minister is then able to control the management of any Listed tree on the basis of its amenity value.

Action required:

Notify the Minister for Housing of the Minister’s decision not to List the trees and to encourage him to implement a comprehensive scheme of replacement planting .

Signature:

 

 

Position:

Deputy RC Duhamel, Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

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