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Bel Royal Housing Development - Amendment of Planning Condition.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (22/06/2009) regarding: Bel Royal Housing Development - Amendment of Planning Condition.

Decision Reference:  MD-PE-2009-0120

Decision Summary Title :

DS – Category A Housing Development at Bel Royal – Request to vary condition 31 to allow occupation of units 35, 59 and 98

P/2006/2489

Date of Decision Summary:

10th June 2009

Decision Summary Author:

Roger Corfield

Principal Planner: Policy and Projects

Decision Summary:

Public or Exempt?

Public

Type of Report:

Verbal

Person Giving Oral Report:

Roger Corfield

Written Report

Title :

N/A

Date of Written Report:

N/A

Written Report Author:

N/A

Written Report :

Public or Exempt?

N/A

Subject:  An approach from the developer to allow for Plots 35, 59 and 98 to be occupied in advance of the final discharging of Planning Condition 31 (Noise Exposure). 

N.B. The properties will be connected to the approved permanent foul drainage infrastructure which was commissioned on 10th June 2009.

Decision(s):

The Minister for Planning and Environment decided to:

  1. Allow units 35, 59 and 98 to be occupied;
  2. Give an undertaking that he would not seek to enforce the terms of Planning Condition 31 (Noise Exposure) which otherwise would militate against their immediate occupation.

Reason(s) for Decision:

  • To permit the owners of Plots 35, 59 and 98 to complete their purchase and occupy the homes in question and assist in making available a much needed affordable first-time buyer home;
  • To regularise the current position so that the developers and the purchasers of Plots 35, 59 and 98 will not fall foul of Planning Condition 31 (Noise Exposure);

Resource Implications:

None

Action required:

  1. Inform the developer, TTS(Drainage), the Law Officer’s Department and local political representatives of the Minister’s decision.

Signature: 

Position: 

Date Signed: 

Date of Decision (If different from Date Signed): 

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