Planning and Building (Jersey) Law 2002 & High Hedges (Jersey) Law 2008: Power of Entry: Authorisation

Information about the publication of Ministerial Decisions

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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

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A decision made 17 March 2014:

Decision Reference: MD-PE-2014-0015
Decision Summary Title:	Authorisation of Powers of Entry – Planning and Building (Jersey) Law 2002 & High Hedges (Jersey) Law 2008			Date of Decision Summary:	6 March 2014
Decision Summary Author:	Business Manager			Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	n/a			Person Giving Oral Report:	n/a
Written Report Title:	n/a			Date of Written Report:	n/a
Written Report Author:	n/a			Written Report : Public or Exempt?	n/a
Subject: Authorisation of Power of Entry - Planning and Building (Jersey) Law 2002 & High Hedges (Jersey) Law 2008
Decision(s): By virtue of the power conferred on him by Article 122 (Power of entry) of the Planning and Building (Jersey) Law 2002 the Minister has authorised, in the following circumstances, Power of entry to Department of the Environment officers or contracted staff (officer); to enter land or a building to inspect it, to survey it, or to record information in respect of it, and to undertake on behalf of the Minister any work the Minister is authorised to undertake under this law: 1.1. To a site which is the subject of an application made to the Minister under Article 9 (Applications for planning permission not granted by a Development Order) of the Planning and Building (Jersey) Law 2002 1.2. To a site which is the subject of an application made to the Minister under Article 34 (Applications for building permission) of the Planning and Building (Jersey) Law 2002 1.3. To a site of Special Interest under Article 54 (Control of certain operations, etc. not amounting to development) and Article 55 (Certain activities restricted on sites of special interest) of the Planning and Building (Jersey) Law 2002 1.4. To land where a Protected Tree is or was growing and a person may be guilty of an offence under Article 61 (Protected tree not to be felled, etc. without permission) of the Planning and Building (Jersey) Law 2002 1.5. To a site where it appears that the building is in a dangerous condition or is being used to carry such a load or in a manner so as to be dangerous; and that immediate action may be necessary to remove or reduce the danger, under Article 71 (Minister may take immediate action to ensure safety) of the Planning and Building (Jersey) Law 2002 1.6. To a potential site of Special Interest; a potentially Listed Building or Place; the site of a potentially Protected Tree, where it is considered necessary or expedient to restrain an actual or apprehended operation or change of use which could harm the existing or potential special interest of the building, place or tree By virtue of the power conferred on him by Article 8 (Powers of entry in respect of complaints) of the High Hedges (Jersey) Law 2008 the Minister has authorised, in the following circumstances, Power of entry to Department of the Environment officers or contracted staff (officer); to enter the neighbouring land to obtain information required by the Minister 2.1. Where a complaint has been made under Article 5 (Complaints to which this Law applies) of the High Hedges (Jersey) Law 2008, alleging that the enjoyment of the property for domestic or residential purposes is being adversely affected by the height of a high hedge situated on land owned or occupied by another person 2.2. Where a remedial notice has been issued under Article 7 (Remedial action required to be taken) of the High Hedges (Jersey) Law 2008, to determine whether to withdraw a remedial notice or issue an amended one, or to ascertain if the requirements of a remedial notice has been complied with Provided that in connection to: above The person apparently in control of the land or building has declined giving consent to an officer to enter the land or building or the officer is unable to make contact with the person apparently in control of the land or building The officer entering the land or building will, if requested by a person apparently in control of the land or building, produce authorisation from the Minister to enter the land or building The officer shall only enter the land or building at a reasonable time above The officer entering the neighbouring land will not enter land unless 24 hours’ notice of the intended entry has been given to every occupier of the land
Reason(s) for Decision: To ensure the efficient administration and discharging of the Minister’s duties and responsibilities.
Resource Implications: None
Action required: a) Department of the Environment officers to be informed of this Ministerial Decision b) The Department is to keep a record of instances when Power of Entry under this Ministerial Decision is used
Signature: R C Duhamel			Position: Minister for Planning & Environment
Date Signed:		Initials YF/AS	Date of Decision (If different from Date Signed):