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Listed Buildings: Grade 4: Provisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 17 June 2013:

Decision Ref:

MD–PE–2013-0058

Subject:

Listing schedule: Grade 4 Listed buildings

Decision Summary Title:

DS - Listing schedule: Grade 4 Listed buildings

DS Author:

Director

DS Date:

12 June 2013

DS Status:

Public

Written Report Title:

Listed buildings and places: Firefly, Le Mont du Ouaisne, St Brelade

WR Author:

Director

WR Date

22 May 2013

WR Status:

Public

Oral Rapporteur:

Director

Decision(s):

The Minister resolved that the Listing schedules for all buildings which are assigned a grade 4 non-statutory status incorporate the provisions such that they explicitly state:

  1. at (iv): Description, ‘that it has no interior interest’, and;
  2. at (vi): Restricted activities ‘ that ‘ the carrying on of any activities to the interior of the property, which do not amount to development, do not require the express consent of the Minister’.

Reason(s) for Decision:

  1. the extent of the special interest of Grade 4 Listed buildings is clear;
  2. it is clear that the carrying on of any activities to the interior of the property, which do not amount to development, do not require the express consent of the Minister.

Legal and Resource Implications:

The Minister is empowered to add any buildings or places to the List of Sites of Special Interest where he is satisfied they have public importance by reason of their special interest;

There is considered to be no statutory impediment for the Minister, as part of the information that he provides in the Listing of a property, to indicate those matters which are not of interest and/or to include, by way or narrative information, those activities which would not require his permission.

Action required:

Amend the Listing schedule for all prospective Grade 4 Listed buildings

Signature:

 

 

Position:

Deputy RC Duhamel, Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

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