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Category A Housing Development at Bel Royal - survey of nesting birds

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (23.07.07) to advise the minister of the findings of a survey into breeding birds at the site.

Subject:

Category A Housing Development at Bel Royal, St. Lawrence – Survey of Nesting Birds

Decision ref:

MD-PE-2007-0200

Exempt clause(s):

NONE

Type of report:

Written and oral

Report file ref:

P/2006/2489 and 8/37/1

Person giving report (if oral): Principal Planner

Written report – author: Principal Planner

Written Report Title: Category A Housing Development at Bel Royal, St. Lawrence – Survey of Nesting Birds

Decision(s): The Minister for Planning and Environment confirmed that;

1. no tree felling shall be carried out anywhere on the site until the end of July;

2. no trees are felled which contain protected nests that are in use or being built;

3. there is independent verification that any trees that are felled after July in accordance with the permit or any subsequent modifications agreed by or on behalf of the Minister, do not contain any protected nests;

4. the Planning Department reviews the potential adoption of BS5837 ‘Trees in Relation to Construction – Recommendations 2005’;

5. the Planning Department enters into discussions with the Environment Department to encourage a better integrated cross-departmental system of appraising trees on development sites.

Reason(s) for decision:

  1. to reduce any detrimental impact on the birdlife and ecology of the area and the Island associated with the felling of trees, both now and in the future.

Action required:

  1. inform the land owner and local political representatives of the Minister’s decision.
  2. formally thank Dr. H. Glyn Young for his report.

Signature:

Minister

Date of Decision:

23 July 2007

 

 

 

 

 

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