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Disposal of Foul Sewage: Supplementary Planning Guidance - Draft for Consultation

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 23 January 2012:

Decision Ref:

MD–PE–2012-0002

Subject:

Supplementary Planning Guidance: disposal of foul sewage - draft for consultation

Decision Summary Title:

DS - Supplementary Planning Guidance: disposal of foul sewage - draft for consultation

DS Author:

Principal Planner

DS Date:

January 2012

DS Status:

Public

Written Report Title:

WR – Draft Supplementary Planning Guidance – Disposal of Foul Sewage

WR Author:

Principal Planner

WR Date

19 January 2012

WR Status:

Public

Oral Rapporteur:

Principal Planner

Decision(s):

The Minister for Planning and Environment decided to approve the release of the draft Advice Note – ‘Disposal of Foul Sewage’ for consultation purposes (including consultation with key stakeholders and interested parties).

Reason(s) for Decision:

  1. To help reduce the risk of pollution to the water environment from the foul water systems of new developments, where this would give rise to environmental, amenity and public health problems.
  2. To offer more detailed information and guidance on how Island Plan Policy LWM2 is likely to be operated, interpreted and applied in decision making.
  3. To outline the information requirements for relevant planning applications.
  4. To provide an opportunity for key stakeholders and interested parties to influence supplementary planning guidance.
  5. To regularise and update existing supplementary planning guidance.

Legal and Resource Implications:

  1. Article 6 of the Planning and Building (Jersey) Law 2002, provides the Minister with power to issue guidelines and policies (i.e. including supplementary planning guidance) in respect of: development generally; any class of development; the development of an area of land; or the development of a specified site.  Before doing so, the Minister must consult any other Minister or statutory authority with an interest in the development in question.
  2. The development and publication of planning advice notes are in accordance with the above powers.  Also, the main purpose of releasing the draft advice note is to enable formal consultation, prior to review and adoption.  It is not envisaged, therefore, that there will be any legal implications associated with the recommended decision.
  3. The adoption of the guidance should not involve any adverse resource implications for the Department of the Environment or decision-makers, given that this will supersede existing supplementary guidance and provide developers and applicants with greater certainty about what is expected of them, in the light of current Island Plan policy.  The most notable change in work practice will be bringing forward the Building Control involvement with proposals for non-mains drainage to the planning application stage.  This will not involve additional work and should avoid the potential for problematic building control issues, and the associated additional work that this might cause.

Action required:

  1. Notify the Chairman of the Environment Scrutiny Panel, Building Control, Development Control, Environmental Protection, Transport and Technical Services, Property Holdings, Jersey Construction Council and the AJA of the Minister’s decision, and provide them with a copy of the draft SPG;
  2. Request that the States Greffe arrange for a report to be lodged in the States;
  3. Publish the draft Advice Note on the States’ website and invite public comment;
  4. Prepare and issue a media release;
  5. Upon completion of the consultation process, inform the Minister for Planning and Environment of the consultation findings, modify the draft Advice Note, as appropriate, and present to the Minister for adoption.

Signature:

 

 

Position:

Deputy RC Duhamel
Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

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