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Supplementary Planning Guidance: Advice Note: Development of Contaminiated Land

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

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A decision made 22 August 2017:

Decision Reference:    MD- PE- 2017– 0086

Decision Summary Title:

Revised SPG– The Development of Contaminated Land

Date of Decision Summary:

10/08/2017

Decision Summary Author:

Principal Planner (Policy)

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

R-Revised SPG -The Development of Contaminated Land

Date of Written Report:

10/08/2017

Written Report Author:

Principal Planner (Policy)

Written Report :

Public or Exempt?

 

Public

Subject:

Supplementary Planning Guidance:  Advice Note on the development of contaminated land

Decision:

The Minister resolved to:

 

1. Adopt and publish the revised SPG: Development of contaminated land (August 2017) to supersede SPG: Planning Advice Note 2 – Development of Potentially Contaminated Land, dated October 2005.

  2. Notify the media, Department staff and any relevant stakeholders of the adoption.

 

Reason for decision:

1. The Minister considered that a revised SPG is required in order to align planning

    guidance on contaminated land with industry latest best practice.

 

2. The development, adoption and publication of the revised guidance provides a clear basis, backed up with the latest technical guidance, for the preparation and subsequent evaluation of planning applications involving potentially contaminated land. The guidance will aid the development industry, planning officers and professional consultees in understanding best practice in respect of site investigations, risk assessments and remediation protocols.

Legal and Resource Implications:-

 

1. Article 6 of the Planning and Building (Jersey), 2002, allows the Minister to publish guidelines and policies in respect of; development generally, any class of development, the development of any area of land or, the development of a specified site.  The proposed SPG on the development of contaminated land will serve to introduce guidelines relating to development generally and is, accordingly, within the Minister’s vires to publish.

2. There are no significant resource implications identified in respect of the adoption of the revised SPG.

 

Action required:

 

1. Notify the media, Department staff and relevant stakeholders of the decision.

2. Instruct, relevant staff to amend the standard conditions in iLAP relating to the development of contaminated land, to refer to the new advice note.

 

 

Signature:

Deputy S Luce

 

 

 

 

 

Position:

Minister

Date Signed:

 

 

 

 

Date of Decision (If different from Date Signed):

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