High Hedge (Jersey) Law 2008: decision making process and delegation.

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A decision made (20/10/2008) regarding: High Hedge (Jersey) Law 2008: Decision making process and delegation.

Decision Ref:	MD–PE–2008-0232
Subject:	High Hedge (Jersey) Law 2008: decision making process and delegation
Decision Summary Title:	DS – high hedge law decision making
DS Author:	Kevin Pilley, Assistant Director
DS Date:	27 October 2008	DS Status:	Public
Written Report Title:	WR – high hedge law decision making
WR Author:	Kevin Pilley, Assistant Director
WR Date	09 October 2008	WR Status:	Public
Oral Rapporteur:	Kevin Pilley, Assistant Director
Decision(s):	The Minister for Planning and Environment; Resolved not to advertise receipt of applications made under the High Hedges (Jersey) Law 2008; Resolved to determine applications made under the High Hedges (Jersey) Law 2008 in public but only to afford complainants and hedge owners (as defined by the Law) an opportunity to make representations in person to the decision-maker; Resolved not to seek to amend the High Hedges (Jersey) Law 2008 at this time to facilitate determination of these applications by the Planning Applications Panel; Resolved to delegate powers, under the auspices of Article 28 of the States of Jersey Law 2005, to deal with all aspects of the High Hedges (Jersey) Law 2008 to his Assistant Minister, in his absence; Resolved to delegate powers, as set out below, under the auspices of Article 28 of the States of Jersey Law 2005, to specified officers; to determine applications made under the High Hedges (Jersey) Law 2008, where there are no representations from the hedge owner (as defined by the Law); to determine whether a complaint is justified; and, to vary or withdraw a remedial notice. endorsed the amendments to the Delegation of Powers agreement giving effect to the above, as set out at appendix 4.
Reason(s) for Decision:	There is no requirement in law to advertise receipt of applications made under the High Hedges (Jersey) Law 2008; There is no requirement in law to determine applications made under the High Hedges (Jersey) Law 2008 in public but to do so accords with the Minister’s desire for more open government and accords with procedures for the determination of planning applications. It is also considered appropriate and reasonable to afford complainants and hedge owners (as defined by the Law) an opportunity to make representations in person to the decision-maker; It is appropriate for the new law and its operation to establish itself before amendment to the primary legislation is considered; delegation of powers to the Assistant Minister increases the decision-making capacity of the department and enables the Assistant Minister to deal with matters in the Minister’s absence;. delegation of powers to officers, where appropriate, will increased the efficiency and effectiveness of the decision-making process of benefit to the customer; to give effect to the decisions at 4 and 5.
Legal and Resource Implications:	Any change to the arrangements for the delegation of powers will require amendment to the Delegation of Powers agreement (see appendix 4). The implications for data protection need to be considered.
Action required:	To request the Greffier of the States to present a report on the revised Delegation of Powers to the States. Explore the issues associated with data protection with the Data Protection Commissioner and/or Law Draftsman, as appropriate.
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):