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Egypte Farm, La Rue d'Egypte, Trinity: Deferral of Appeal Decision

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 April 2020:

Decision Reference:  MD-PE-2020-0035

Application Reference: P/2015/0978

Decision Summary Title:

Deferral of Appeal Decision – Egypte Farm, La Rue d’Egypte, Trinity

Date of Decision Summary:

31 March 2020

Decision Summary Author:

Principal Policy Planner – Strategic Policy, Performance & Population

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Principal Policy Planner

Written Report

Title :

n/a

Date of Written Reports:

n/a

 

Written Report Author:

n/a

Written Report :

Public or Exempt?

n/a

Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to grant planning permission for; “Reconstruct 1 No. farmhouse to form 1 No. 3-bedroom dwelling and 1 No. outbuilding to form a garage and store. Stabilise other buildings on site” at Egypte Farm, La Rue d’Egypte, Trinity.

 

Decision:

The Minister decided to defer the determination of the planning appeal in order to seek further evidence in relation to the potential impact of the proposed development on the Island’s natural environment. 

 

Prior to the determination of the appeal the Minister, therefore, requires the submission, to him, of a full impact assessment study of the impact of the development upon the ecological interest of the site. Details of the scope and methodology of the necessary surveys, the timescale for undertaking them and the format of the impact assessment study shall be submitted to and approved in writing by the Government of Jersey’s Natural Environment Team before such assessment work commences.

 

The impact assessment shall;

(a) include the scope and methodology submitted to the Natural Environment Team and the Team’s full response,

 

(b) identify the potential of the development for harmful impacts upon the site’s habitats and any protected species making use of it and its immediate surroundings,

 

(c) provide comprehensive recommendations for any necessary enhancement and mitigation measures with evidence to show how such measures would prevent serious or permanent harm to the ecological interest of the site and,

 

(d) identify potential harmful impacts upon the ecological interest of the site that could not be satisfactorily mitigated.

 

 

 

 

Reason for Decision:

The Minister is unable to make a full and informed decision on the merits of the appeal and the development proposals without consideration of the evidence and potential enhancement and mitigation measures requested in his decision.

 

Resource Implications:

None

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

 

 

 

 

Deputy John H Young

Position:

 

 

 

Minister for the Environment

Date Signed:

 

 

 

 

 

Date of Decision (If different from Date Signed):

 

 

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