Planning and Building (Amendment No. 6) Law 2014 (Appointed Day) Act 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 15 January 2015:

Decision Reference: MD- PE- 2015 - 0004
Decision Summary Title:	Planning and Building (Amendment No. 6) Law 2014 (Appointed Day) Act 201-		Date of Decision Summary:	14 January 2015
Decision Summary Author:	Planning Performance Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	Planning Performance Manager
Written Report Title:	Planning and Building (Amendment No. 6) Law 2014 (Appointed Day) Act 201-		Date of Written Report:	14 January 2015
Written Report Author:	Planning Performance Manager		Written Report : Public or Exempt?	Public
Subject: Planning and Building (Amendment No. 6) Law 2014 (Appointed Day) Act 201-
Decision(s): The Minister approved and decided to lodge the Planning and Building (Amendment No. 6) Law 2014 (Appointed Day) Act 201-.
Reason(s) for Decision: So that a new process of merits based appeals against decisions and actions taken under the Planning and Building (Jersey) Law can be properly brought into force.
Resource Implications:- Resource implications were identified in the Projet for the Draft Planning and Building (Amendment No.6) (Jersey) Law 2104 (P.84/2014). No additional financial or manpower implications have been identified since that date. The resource implications of the new appeals process are difficult to predict as it is not clear what the take up rate for appeals will be. However using the Isle of Man as a template (who also have first and third party rights of appeal over applications for planning permission) and on the basis of 200 appeals each year the P.84/2014 identified the requirement of £148,000 to cover Inspector’s fees and expenses. Added to this are the requirements of the Judicial Greffe to administer the process estimated at £44,200 - 0.5 fte administrative post, 0.2 fte of a managerial oversight and a contribution to the rental paid for the premises where the Tribunals currently sit. The Department of the Environment would meet the demands from the new process from within existing resources A fee is proposed to make an appeal but as indicated above this structure has not yet been settled upon. There will be a fee income to offset the costs but it will not be full cost recovery, probably 25% at this stage. This may change in the future depending on the level of take up of appeals. As such the currently predicted cost of the process will be £192,000 minus fee income (probably 25%) The Minister for Treasury and Resources supported this resource when the Proposition was debated and confirmed the estimated associated costs. Funding would be allocated from Central Contingency for 2015 as appropriate. Funding beyond 2015 has been included in the emerging Medium Term Financial Plan (MTFP).
Action required: Request that the Greffier of the States takes the necessary action to lodge the Act ‘au Greffe’ to be considered in conjunction with the projet relating to the Draft Planning and Building (Amendment of Law) (Jersey) Regulations 201- (MD-PE-2015-0003)
Signature: Deputy S Luce		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):