Planning and Building (Island Plan) (Jersey) Order 2009: Law Drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 23 January 2020

Decision Reference: MD-PE-2020-0015
Decision Summary Title:	Amendment to Planning and Building (Island Plan) (Jersey) Order 2009		Date of Decision Summary:	20 January 2020
Decision Summary Author:	Principal Policy Planner – Strategic Policy, Planning & Population		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title:	Appointment of Island Plan inspectors		Date of Written Report:	20 January 2020
Written Report Author:	Principal Policy Planner		Written Report:	Public
Subject: Amendment to the Planning and Building (Island Plan) (Jersey) Order 2009 to permit the appointment of persons who are already employed by the Government of Jersey as independent planning inspectors to consider the examination in public of a draft Island Plan.
Decision: The Minister accepted the recommendations contained in the written report and resolved to seek the necessary changes to the Planning and Building (Island Plan) (Jersey) Order 2009 at the earliest opportunity. The Minister instructed officers to prepare appropriate instructions for the Principal Legislative Drafter to draft an amendment to the Island Plan Order to allow a States’ employee, who is currently (or was recently) employed as an independent, professional planning inspector to consider planning appeals under the auspices of Article 107 of the Planning and Building (Jersey) Law 2002, to be considered for appointment as an inspector to consider an examination in public of a draft Island Plan.
Resource Implications: None: The Minister holds the vires to revise or amend an Order by Ministerial Decision.
Action required: Request the Principal Legislative Drafter to make the appropriate revisions to the Planning and Building (Island Plan) (Jersey) Order 2009, as outlined in his decision, as soon as practically possible.
Signature: Deputy John H Young		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):