Proposed sites of archaeological interest -consultation

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (25.02.08) to note and endorse the consultation feedback on proposed sites of archaeological interest.

Decision Ref:	MD–PE–2008-0031
Subject:	Proposed sites of archaeological interest: Consultation response and assessment
Decision Summary Title:	DS - arch sites cons feedback 200802
DS Author:	Kevin Pilley, Assistant Director
DS Date:	06 February 2008	DS Status:	Public
Written Report Title:	WR – arch sites cons feedback 200802
WR Author:	Kevin Pilley, Assistant Director
WR Date	05 February 2008	WR Status:	Public
Oral Rapporteur:	Kevin Pilley, Assistant Director
Decision(s):	The Minister for Planning and Environment; Noted and endorsed the approach to consultation, as set out in the report and appendices 1, 2 and 3; Noted the consultation feedback, contained in appendix 4; Endorsed the designation of those sites proposed as Sites of Special Interest; Archaeological Sites and Areas of Archaeological Potential, as set out at appendix 1: except where those sites were proposed for amendment, as set out in appendices 5 and 6, and endorsed those amended designations accordingly; except, in the case of Site 73, Field 5/5A, north of Le Chemin de Belle Hougue, Trinity, where the Minister resolved to visit the site. Endorsed the deferral of the consideration of those two sites identified in appendix 5, pending further information, to be brought back to the Minister subsequently for consideration. In the case of those sites designated as Archaeological Sites and Areas of Archaeological Potential, the designation takes effect forthwith. In the case of those sites proposed to be added to the List of Sites of Special Interest, the Minister noted that further reports, together with the associated schedules and Notices, would be brought back subsequently to enable the formal designation process for these sites to progress. This decision thus supersedes that made in June 2007 (see MD-PE-2007-0151).
Reason(s) for Decision:	The Minister has considered the results of consultation and has weighed all of the evidence presented to him and, having done so, considers that the proposed designation of these sites accords with the provisions of the law and also contributes towards the objectives of international conventions, to which the Island is a signatory, and the States Strategic Plan.
Legal and Resource Implications:	The proposed designation of these sites accords with the provisions of the law whereby the Minister is able to Lists Sites of Special Interest (Article 51) and publish guidelines – in this case related to ASs and AAPs – under Article 6. It also contributes towards the objectives of international conventions, to which the Island is a signatory, and the States Strategic Plan. The resource implications of designating sites of archaeological interest is that archaeology will become a material consideration in respect of planning applications in some cases. This will have potential resource implications for the developer, in providing information about archaeology, but also the department, in understanding and validating the information and proposals for archaeology. The department has no funds or posts to recruit a planning archaeologist, but has engaged the services of an archaeological consultancy practice to fulfil this role, as required, and is seeking to extend the Service Level Agreement with the JHT, to provide a local solution to the matter of on-site monitoring, as required. This additional work will remain to be funded from the department’s revenue budget.
Action required:	1. Advise consultees of the Minister’s response to consultation and publish details on the States website; 2. Publish additional Supplementary Planning Guidance and a Notice on the Jersey Gazette, detailed the designations and proposed Listing of SSIs; 3. Update the Historic Buildings Register; 4. Undertake further research in respect of land ownership details for proposed SSIs, to enable the preparation of Notices of Intent to List, and detailed schedules, to be brought back to the Minister for further consideration 5. Undertake further research/ secure additional information in relation to those two sites deferred for consideration, and bring these back to the Minister for subsequent consideration 6. Make arrangements for the Minister to visit site 73, Fields 5/5A, north of Le Chemin de Belle Hougue, Trinity
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):	18 February 2008