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Site Waste Management Plans: 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.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 28 May 2012:

Decision Ref:

MD–PE–2012-0056

Subject:

Supplementary Planning Guidance: site waste management plans - draft for consultation

Decision Summary Title:

DS - Supplementary Planning Guidance: site waste management plans - draft for consultation

DS Author:

Principal Planner

DS Date:

21 May 2012

DS Status:

Public

Written Report Title:

WR – Draft Supplementary Planning Guidance – Site Waste Management Plans

WR Author:

Principal Planner

WR Date

21 May 2012

WR Status:

Public

Oral Rapporteur:

Principal Planner

Decision(s):

The Minister for Planning and Environment approved the release of the draft Advice Note – ‘Site waste Management Plans’ for consultation purposes (including consultation with key stakeholders and interested parties).

Reason(s) for Decision:

  1. To help manage and reduce the amount of waste that construction and demolition projects produce, by encouraging waste minimisation and greater re-use and recycling of waste.
  2. To reduce the risks of harm to the environment from landfill, fly tipping, quarrying of aggregates, transportation of materials and energy consumption.
  3. To offer more detailed information and guidance on how Policy WM1 is likely to be operated, interpreted and applied in decision making.
  4. To outline the information requirements for relevant planning applications.
  5. To provide an opportunity for key stakeholders and interested parties to influence supplementary planning guidance.
  6. To comply with commitments in the 2011 Island Plan for producing supplementary planning guidance (Proposal 29).

Legal and Resource Implications:

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.

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.

The adoption of the guidance itself should not involve adverse resource implications for the Department of the Environment or decision-makers, given that SWMPs are already a requirement of the planning system and the advice note will serve to provide developers and applicants with greater certainty about what is expected of them.

Action required:

  1. Notify the Chairman of the Environment Scrutiny Panel, Environmental Protection, Environmental Health, Transport and Technical Services, Jersey Chamber of Commerce, 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 Greffier  of the States to arrange for a report to be presented in the States for their information;
  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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