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Island Plan 2011: Revised Draft Revision (P.37/2014 )

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 March 2014:

Decision ref:

MD–PE–2014-0026

Subject:

Revised draft revision 2011 Island Plan: report and proposition

Decision Summary title:

DS - Revised draft revision: 2011 Island Plan

DS author:

Director

DS date:

14 March 2014

DS Status:

Public

Written Report title:

SD1: Schedule of amendments to the initial draft revised Island Plan 2011 (March 2014)

SD2: revised draft revision: Island Plan 2011 (March 2014)

SD3: report and proposition: revised draft revision Island Plan 2011

WR author:

Director

WR date

March 2014

WR Status:

Public

Oral rapporteur:

Director

Decision(s):

Having regard to all material considerations, but particularly the report of the independent Planning Inspectors (February 2014) the Minister for Planning and Environment:

  1. noted and endorsed changes made to the initial draft revised Island Plan 2011, and the justification for them, as set out in the schedule at appendix 1 (SD1: Schedule of amendments to the initial draft revised Island Plan 2011 (March 2014));
  2. noted and approved the subsequent revision of the 2011 Island, in the form of the revised draft revision: Island Plan 2011, as set out at appendix 2 (SD2: revised draft revision: Island Plan 2011 (March 2014))
  3. approved the report and proposition in relation to the revised draft revision: 2011 Island Plan, as set out at appendix 3 (SD3: report and proposition: revised draft revision Island Plan 2011)

Reason(s) for decision:

  1. The Minister is required to prepare and lodge a revised draft revision of the 2011 Island Plan for consideration and debate in the States having had careful regard to all representations made in relation to the initial draft revised Island Plan 2011, and in particular, the report of the Planning Inspectors following their examination of the Minister’s proposed changes and the comments made about; and
  2. in so doing, the Minister is required to publish an indication of the difference between the initial draft revised Island Plan and the revised draft revision: 2011 Island Plan, with a reasoned justification for each difference, together with an explanation to justify why he has not chosen to accept any recommendations in the Planning inspectors’ report.

Legal and resource Implications:

The Minister’s decision is made in accordance with Article 20 of the Planning and Building (Island Plan)(Jersey) Order 2009 and Article 3 of the Planning and Building (Jersey) Law 2002;

There are no resource implications arising from this decision that are not accounted for within the resources available to the Department of the Environment.

Action required:

  1. publish an indication of the differences between the initial draft revised Island Plan 2011 and the revised draft revision: 2011 Island Plan, with a reasoned justification for each difference; and
  2. publish a justification as to why the Minister has chosen not to accept any recommendations in the Inspectors’ Report; and
  3. request the Greffier of the States to make the necessary arrangements to enable the revised draft revision: 2011 Island Plan to be lodged in the States with a view to its debate no later than 17 June 2014.

Signature:

 

 

Position:

Deputy RC Duhamel, Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

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