Supplementary Planning Guidance

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (06.12.06) to adopt the amended draft Supplementary Planning Guidance as planning policy.

Subject:	Supplementary Planning Guidance – Design Statements
Decision Reference:	MD-PE-2006-0231	Exempt clause(s):		n/a
Type of Report (oral or written):	Written	Person Giving Report (if oral):
Telephone or e-mail Meeting?	n/a	Report File ref:		8/39/5
Written Report Title:	Supplementary Planning Guidance – Design Statements	Written report – Author:		Peter Thorne
Decision Having considered the representations made on the consultation document, the Minister adopted the amended draft SPG as planning policy
Reason(s) for decision: To improve the quality, form and content of design statements submitted with planning applications
Action required: Policy section to print and publish in standard format
Signature: (Minister)			Date of Decision:

Supplementary Planning Guidance - Design Statements

Report to Minister for Planning and Environment

Draft Supplementary Planning Guidance on Design Statements

Replies to consultation

The following replies were received and are summarised below. The full comments are attached as an appendix.

Trevor Tyrel

Fully supports the initiative on design statements, but expressed concerns about how objectors are served by the application process, which comments will be dealt with separately.

George Kean

Considers it a positive document and agrees with its contents. Believes that many new developments are approved without proper regard to their surroundings, and considers points 2 and 3 in the basic principles will address his concerns.

“Chick” Anthony

Supports principle of guidance and recommends some drafting changes for clarity.

John Bates

Supports principles of guidance.

Michael Felton Ltd.

Supports the principles of the guidance and makes additional comments on open space requirements

Jersey Electricity Company Ltd.

Supports the principles of the guidance and in particular that the environmental performance of buildings should be considered alongside shape, form, use etc. Makes some detailed suggestions about the principles of sustainable development which are not wholly appropriate for this guidance, which is concerned with procedure.

Peter Thorne