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Planning Applications Committee - Establishment: Law drafting request

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 24 November 2014:

Decision Reference:    MD- PE- 2014 - 0105

Decision Summary Title:

Law Drafting Request – standing orders under Article 48(1) of the States of Jersey Law 2005 to allow the establishment of a Planning Applications Committee

 

Date of Decision Summary:

17 November 2014

Decision Summary Author:

Planning Performance Manager

 

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Planning Performance Manager

Written Report

Title:

N/A

Date of Written Report:

N/A

Written Report Author:

N/A

Written Report :

Public or Exempt?

N/A

Subject:  

Law Drafting Request – preparation of standing orders under Article 48(1) of the States of Jersey Law 2005 to allow the establishment of a Planning Applications Committee

 

Decision(s):

To request the Law Draftsman to prepare standing orders under Article 48(1) of the States of Jersey Law 2005 to allow the establishment of a Planning Applications Committee to be brought into use at the same time as the Planning and Building (Amendment No. 6) (Jersey) Law 201- comes into force. The Committee should reflect the principles set out in Appendix I of this Decision Summary

 

Reason(s) for Decision:

To establish the appropriate legislative and procedural processes to allow the Planning Applications Committee – as described in Article 3 of the Planning and Building (Amendment No. 6) (Jersey) Law 201- to be convened. The Committee will be a body made up of States Members who will consider applications for planning permission and other related and similar matters after the coming into force of the legislation that will facilitate the revised process for appealing against the decisions and actions made under the Planning and Building Law. In respect of constitutional arrangements should reflect those which guide and control the other Committees and Panels as set out in Part 7 of The Standing Orders of the States of Jersey

 

Resource Implications:

The Law Draftsman has indicated that the drafting of the standing orders can be accommodated within existing resources

 

Action required:

Request the Planning Performance Manager to liaise with Law Draftsman to progress the standing orders with a view to presenting them to the States at the earliest opportunity.

 

Signature:

 

Deputy S Luce

Position:

Minister

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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