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P/2005/1754: Field 40, and La Trielle, Rue du Maupertuis, St. Clement.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (25/09/2006) regarding P/2005/1754: Field 40, and La Trielle, Rue du Maupertuis, St. Clement.

Subject:

P/2005/1754: Field 40 and La Trielle, Rue du Maupertuis, St Clement

Decision reference:

MD-PE-2006-0124

Exempt clause(s):

None

Type of report (oral or written):

Oral

Report file ref:

P/2005/1754

Person giving report (if oral): Assistant Director: Policy and Projects

Written report – author: n/a

Written Report Title: n/a

Decision(s): Having regard to the representations of the Minister for Housing, in support of the development of this site, and the fact that the Planning Applications Panel were minded, as of February 2006, to approve the application subject to the applicant entering into a planning obligation, the Minister for Planning and Environment determined that a conditional planning permit could be issued for the development of this site subject to;

o The inclusion of a condition that required the developer to enter into a planning obligation agreement; and,

o A clause within the agreement to require the developer to contribute a sum of £50,000 for the purposes of infrastructure, public art and/or public amenity in or within the vicinity of the site, to be determined by the Minister, instead of a specific requirement to contribute the same amount of money for the purposes of a highway safety initiative, as determined by the Planning Applications Panel;

o This condition to be time-limited to enable the obligation to be drawn up within a reasonable timescale.

o A clause within the agreement to require the developer to provide those other obligation requirements previously identified by the Planning Applications Panel;

o The addition of other conditions, as necessary as determined by officers, to enable the implementation of the development to be controlled, including the reservation of all matters of external design and materials for all dwellings, hard spaces and other structures on the site.

Reason(s) for decision: The award of a conditional permit enabled the developer to progress with the process of procuring the development of the site to provide homes, as required by the Minister for Housing, whilst ensuring that the Minister for Planning and Environment retained sufficient control of the detail of the development and the requirement to enter into an obligation to secure the necessary infrastructure to enable the site to be developed, in accord with the requirements of the Island Plan and the development brief for this site.

Action required:

  Prepare and issue planning permission, to include the appropriate conditions;

  Continue to liaise with the Law Officer’s Department and the developer’s legal representative in the preparation of the planning obligation

Signature:

(Minister/ Assistant Minister)

Date of Decision:

25 September 2006

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