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List of Protected Trees: Holm Oak, Le Petit Chateau, La Route des Landes, St. Ouen.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (13/03/2009) regarding: List of Protected Trees: Holm Oak, Le Petit Chateau, La Route des Landes, St. Ouen.

Decision Ref:

MD–PE–2009-0039

Subject:

List of Protected Trees: Holm oak, Le Petit Chateau, La Route des Landes, St Ouen

Decision Summary Title:

DS - List of Protected Trees: Holm oak, Le Petit Chateau, La Route des Landes, St Ouen

DS Author:

Assistant Director, Policy and Projects

DS Date:

26 February 2009

DS Status:

Public

Written Report Title:

WR - List of Protected Trees: Holm oak, Le Petit Chateau, La Route des Landes, St Ouen

WR Author:

Assistant Director, Policy and Projects

WR Date

26 February 2009

WR Status:

Public

Oral Rapporteur:

Assistant Director, Policy and Projects

Decision(s):

The Assistant Minister for Planning and Environment resolved to remove the Holm oak at Le Petit Chateau, La Route des Landes, St Ouen from the List of Protected Trees

Reason(s) for Decision:

The amenity value of the Holm oak at Le Petit Chateau, Route des Landes, St Ouen is not considered to be sufficient to warrant its protection on the List of Protected Trees.

Legal and Resource Implications:

The Assistant Minister is empowered to add or remove trees to the List of Protected Trees based on their public importance, having considered all relevant material considerations as set out in the Law. In adding a tree to the List the Assistant Minister is then able to control certain operations not amounting to development in order to protect the amenity value of the tree.

There is a right of appeal against the placing of a tree on the List of Protected Trees.

Action required:

  1. Update the List of Sites of Special Interest;
  2. Notify the owner;
  3. Notify Development Control

Signature:

 

Date of SMT approval:

 

Position:

Assistant Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

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