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Trees protected by listing - La Providence, Bel Royal, St. Lawrence

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 29 January 2010 regarding: Trees protected by listing - La Providence, Bel Royal, St. Lawrence.

Decision Reference:  MD-PE-2009-0198

Decision Summary Title :

DS – La Providence, Bel Royal, St. Lawrence – Inclusion of Mature Trees in the List of Protected Trees

Date of Decision Summary:

14th December 2009

Decision Summary Author:

Roger Corfield

Principal Planner

Policy and Projects

Decision Summary:

Public or Exempt?

Public

Type of Report:

Written and Oral

Person Giving Oral Report:

Roger Corfield

Written Report

Title :

WR – La Providence, Bel Royal, St. Lawrence – Inclusion of Mature Trees in the List of Protected Trees

Date of Written Report:

14th December 2009

Written Report Author:

Roger Corfield

Principal Planner

Written Report :

Public or Exempt?

Public

Subject: 

La Providence, Bel Royal, St. Lawrence  - Determining whether or not provisionally listed trees should remain on the List of Protected Trees.

Decision(s):   The Minister for Planning and Environment decided:

  1. To retain all the provisionally listed trees in question on the List of Protected Trees, with the following exceptions / provisos:
    1. the Leyland Cypress in Tree Survey Group 3 shall be removed from the List and allowed to be felled, on condition that it is replaced by a ‘Heavy Standard’ Semi Mature Pine (Pinus pinaster) to mirror the existing pine further to the east;
    2. the provisionally listed ornamental and fruit trees in the garden of Plot 6 shall be removed from the List and allowed to be felled, on condition that they are replaced by three new ‘Heavy Standard’ Semi Mature trees planted along the northern garden boundary as an extension to the recently planted line of trees.  The species and exact siting shall be agreed with the Planning Department, in consultation with the States Arboricultural Officer;
    3. the limb nearest to the lamppost of the Black Poplar tree situated at the north-eastern corner of the site is removed, in consultation with and to the satisfaction of the States Arboricultural Officer;
    4. the former hedgerow Pine tree in the garden of Plot 77 may be crown raised on condition that the works are to the satisfaction of the Planning Department, in consultation with the States Arboricultural Officer; and
    5. some of the lower limbs of  the former hedgerow Ash trees in the gardens of Plots 78 and 80 may be removed on condition that the works are to the satisfaction of the Planning Department, in consultation with the States Arboricultural Officer.

 

  1. that no approved tree felling or tree surgery shall be carried out in the generally recognised bird nesting season (i.e. extending from 1st March to 31st July), or where the tree in question contains a protected nest(s) that is in use or being built.

Reason(s) for Decision:

  1. To protect healthy trees with a recognised high retention value, where they make a significant contribution to the character, ecology and amenity of the area, under the auspices of Articles 59 and 60 of the Planning and Building (Jersey) Law 2002.
  2. To avoid any detrimental impact on the birdlife of the area.

Resource Implications:

None

Action required:

  • inform those who were given notice of the provisional listing (including those who made representations) and local political representatives of the Minister’s decision;
  • remove from the List of Protected Trees, details of: the Leyland Cypress in Tree Survey Group 3; and the ornamental and fruit trees in the garden of Plot 6.

Signature: 

Position: 

Date Signed: 

Date of Decision (If different from Date Signed): 

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