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Urban Character Area Design Guidance: Consultation: Response and Adoption

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 January 2013:

Decision Reference:   MD-PE-2013-0008 

Application Number: 

(If applicable)

 

Decision Summary Title :

DS - Urban character area design guidance - consultation response and adoption

Date of Decision Summary:

4th December 2012

Decision Summary Author:

 

Principal Planner

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

N/A

Person Giving

Oral Report:

N/A

Written Report

Title :

Supplementary Planning Guidance: Design Guidance for St Helier (December 2012)

Date of Written Report:

4th December 2012

Written Report Author:

Principal Planner

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

 

 

 

Decision(s):

The Minister for the Environment;

  1. Noted the consultation response received as part of the public consultation (at appendix 1) and endorsed the proposed response to it (at appendix 2);.
  2. endorsed the proposed changes to the draft supplementary planning guidance (as set out at appendix 2) arising out of the principal issues raised during consultation which included:

a)   the provision of clarification of the role of this guidance in relation to other master plans and development briefs;

b)   the appropriate inclusion of the guidance in this document in forthcoming master plans and development briefs;

c)   allowance for a regular review of the guidance to take account of changes to the character areas;

d)   Revision to the guidance related to the interpretation of tall buildings to ensure that it remains consistent with Policy BE5.

All of these proposed changes are reflected in the revised guidance set out at appendix 3.

  1. On the basis of the proposed changes, endorsed the adoption and issuing of the revised supplementary planning guidance.
  2. Authorised the release and publication of the response to consultation.

 

Reason(s) for Decision:

  1. the Minister has given due regard to the consultation responses and other issues raised in seeking to amend the draft guidance;

The revised supplementary planning guidance provides a basis for a targeted and effective assessment of the design aspects of planning applications and future development. The purpose of this SPG is to maintain and enhance the quality and character of St Helier and to offer guidance and assistance to those involved in architecture and urban design.

 

Resource Implications:

  1. Article 6 of the Planning and Building (Jersey) Law 2002, provides the Minister for Planning and Environment 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;
  3. the adoption of the updated guidance should assist those involved in preparing development proposals for St Helier; the Department of Environment; and decision-makers, by providing greater certainty and more detailed guidance;

There may be resource implications associated with regular reviews of this guidance but these can and will be met from existing resources within the Department of the Environment.

 

 

Action required:

  1. Notify the Chairman of the Environment Scrutiny Panel, the States Greffe and consultees of the Minister’s decision and provide them with a copy of the response to the representations and comments received  and the revised guidance;
  2. Publish on the States website the Minister’s response to the representations and comments received;

      Publish the adopted guidance on the States website and prepare and release a media statement.

 

Signature:

 

 

Deputy R C Duhamel

PLeg / AS Initials

Position:

 

Minister for Planning and Environment

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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