Government of Jersey

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (16.01.09) to issue a remedial notice requiring a reduction in the height of hedge adjacent to haut des arbres.

Decision Ref:	MD–PE–2008-0254
Subject:	High Hedge: La Perruque, La Route D' Ebenezer, Trinity
Decision Summary Title:	DS - High Hedge: La Perruque, La Route D' Ebenezer, Trinity
DS Author:	Kevin Pilley, Assistant Director
DS Date:	16 January 2009	DS Status:	Public
Written Report Title:	WR – High Hedge: La Perruque, La Route D' Ebenezer, Trinity
WR Author:	Kevin Pilley, Assistant Director
WR Date	01 October 2008	WR Status:	Public
Oral Rapporteur:	Kevin Pilley, Assistant Director
Decision(s):	The Minister for Planning and Environment determined that a remedial notice be issued requiring a reduction in the height of the Leyland and Monterey cypress hedge adjacent Haut des Arbres, Route D’Ebenezer, Trinity The Minister also determined that the Notice should specify the following: 1 Initial action Reduce the hedge to a height not exceeding: a) two metres below the ridge height of Haut des Arbres, along that part of it adjacent to the dwellinghouse of Haut des Arbres; b) the ridge height of Haut des Arbres, along that part of it adjacent to the garden of Haut des Arbres, which lies to the south Reduce the width of the hedge such that: c) it is not less than 1m from the western boundary of Haut des Arbres 2 Preventative action The hedge to be maintained at a height not exceeding: a) 1m below the ridge height of Haut des Arbres, along that part of it adjacent to the dwellinghouse of Haut des Arbres; b) 1m above the ridge height of Haut des Arbres, along that part of it adjacent to the garden of Haut des Arbres, which lies to the south The hedge to be maintained at a width such that c) it does not overhang the land comprising Haut des Arbres 3 Time for compliance The initial action, as specified at 1 above, shall be complied with in full within three months of the date when this Notice comes into effect.
Reason(s) for Decision:	Taking all of the relevant factors into account, it is considered that there are compelling reasons to require the reduction in the height of this hedge in order to ameliorate the problems it causes for both the dwelling and the garden of Haut des Arbres, and that there are no overriding privacy, public amenity, landscape or wildlife objectives which would mitigate against any such action. Any management of the hedge, however, needs to ensure that it remains viable and this will serve to limit the extent of works that can be undertaken. Justification for the specification of the Notice is as follows: 1. Initial action a) and b) The hedge is required to be reduced to this height to reduce the problems caused whereby it adversely affects the level of daylight and sunlight enjoyed by the western elevation and garden of the complainant’s property, whilst ensuring the survival of the trees c) The hedge is required to be reduced to this width to reduce the problems caused whereby it adversely affects the level of daylight to Haut des Arbres The heights and widths specified also acknowledge that the hedge will re-grow and have been set to ameliorate the extent of the problem. 2. Preventative action To ameliorate the loss of light to the garden and dwelling of Haut des Arbres, whilst ensuring the survival of the trees. 3 Time for compliance To provide a reasonable period of time within which the initial action might be carried out.
Legal and Resource Implications:	The Minister is empowered to determine this application under the High Hedges (Jersey) Law 2008
Action required:	Issue a remedial notice to the hedge owner and complainant Update the register of remedial notices
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):	16 January 2009

Remedial Notice - High Hedge: La Perruque, La Route D'Ebenezer, Trinity

Information about the publication of Ministerial Decisions

A decision made (16.01.09) to issue a remedial notice requiring a reduction in the height of hedge adjacent to haut des arbres.