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Vacant Plot, Les Fonds de Longueville, Grouville: Planning Application (P/2013/1691): Determination of Planning Application

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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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 August 2014:

Decision Reference:   MD-PE-2014-0066

Application Number:  P/2013/1691

 

Decision Summary Title

Vacant Plot,

Les Fonds de Longueville,  Grouville

Date of Decision Summary:

4th April 2014

Decision Summary Author:

Planning Officer

Decision Summary:

Public or Exempt?

Public

Type of Report:

 

Written and Oral

Person Giving

Oral Report:

Planning Officer

Written Report

Title:

 P/2013/1691

Date of Written Report:

March 2014

Written Report Author:

Planning Officer

Written Report :

Public or Exempt?

Public

Subject:  Vacant Plot, Les Fonds de Longueville, Grouville, Jersey,

 

Construct 1 No. dwelling.

Decision(s):

 

The Minister resolved to Approve Planning Application P/2013/1691, subject to Conditions, without delivery of a Planning Obligation Agreement (P.O.A.).

Reason(s) for Decision:

 

Further to Ministerial Decision reference MD-PE-2014-0036, the Parish of Grouville have now concluded that the foot path located to the rear north of the Vacant Plot, Les Fonds de Longueville, Grouville, is not in Parish ownership, having previously stated it was a public foot path. 

 

Subsequent discussions with the Law Officers’ Department concluded that the delivery of the P.O.A. for the recovery of the landowner’s section of the foot path, requested as part of the terms of the Decision Notice, is likely to be untenable given that the foot path is not owned by a public authority.

 

Given the administrative difficulties attached to the recovery of a foot path which sits outside public ownership it is proposed that the P.O.A. requirement, detailed on MD-PE-2014-0036, be removed entirely from the proposed Decision Notice.

Resource Implications: None

 

Action required:

 

Notify Agent, Applicant, Law Officers’, and all other interested parties and proceed to issue Decision Notice.

Signature:

 

Deputy R C Duhamel

PLeg / AS Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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