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Island Plan 2011 - Revised Draft

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 March 2011:

Decision Ref:

MD–PE–2011-0020

Subject:

Revised draft Island Plan

Decision Summary Title:

DS - Revised draft Island Plan

DS Author:

Chief Executive Officer and Director of Planning Policy

DS Date:

08 March 2011

DS Status:

Public

Written Report Title:

Revised draft Island Plan

WR Author:

Chief Executive Officer and Director of Planning Policy

WR Date

08 March 2011

WR Status:

Public

Oral Rapporteur:

Chief Executive Officer and Director of Planning Policy

Decision(s):

Having regard to all considerations, the Minister for Planning and Environment resolved to:

  1. endorse all those changes to be made to the initial draft Plan, and the reasoned justification for them, as set out in the schedule at appendix 1 of the associated report for use as a basis for the revised draft Island Plan;

And the Minister resolved, in particular to;

  1. remove the Cooke’s Rose Farm, F.114, Le Passage, St Lawrence rezoned site for Category A housing from the revised draft Island Plan (Policy H1(2));
  2. remove the Samares Nursery, Grande Route de la Cote, St Clement rezoned site for Category A housing from the revised draft Island Plan (Policy H1(3));
  3. remove the Longueville Nurseries, New York Lane, St Saviour rezoned site for Category A housing from the revised draft Island Plan (Policy H1(4));
  4. amend the draft Island Plan (at Policy H1) to require the use of States-owned land for the provision of at least 100 affordable homes (over and above any requirement derived from the application of Policy H3) in the first five years of the Plan;
  5. revise the penultimate paragraph of Policy H1 to include a more flexible distribution between social rented, Jersey Homebuy and/or first time buyer housing – with the proportionate split being developed in association the Statistics Unit on the basis of the latest evidence;
  6. remove the extension to Thistlegrove to provide light industrial warehouse land (at Policy EIW1) from the draft Plan.
  7. deal with the potential for Jersey Airport to make some provision for light industrial/ warehouse use through the Jersey Airport Regeneration Zone masterplan.

Reason(s) for Decision:

The Minister is required, on the basis of the evidence to date, to prepare and lodge a revised draft Island Plan for consideration and debate in the States. In so doing, the Minister is required to publish an indication of the differences between the initial draft Island Plan and the revised draft Island Plan, with a reasoned justification for each difference, as set out in the schedule at appendix 1.

The Minister is also required to justify why he has chosen not to accept any recommendations in the Inspectors’ Report, as set out in the schedule at appendix 1.

Legal and Resource Implications:

The Minister’s decision is in accord with the legal requirements of the Planning and Building (Jersey) Law.

There are no resource implications for the Minister for Planning and Environment and the Department of the Environment.

There are wider resource implications for all landowners (including the States) and developers resulting from the planning framework that the Island Plan will impose once adopted.

Action required:

  1. publish an indication of the differences between the initial draft Island Plan and the revised draft Island Plan, with a reasoned justification for each difference;
  2. publish a justification as to why the Minister has chosen not to accept any recommendations in the Inspectors’ Report;
  3. prepare a revised draft Island Plan, on the basis of the schedule approved by the Minister,
  4. bring back to the Minister, a revised draft Island Plan, for consideration and approval, prior to lodging in the States.

Signature:

 

 

Date of CEO/ Director approval:

 

Position:

Senator FE Cohen, Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

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