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Reg’s Skips Limited – Planning Applications (R.118/2010): compensation and further action (P.130/2010) – third amendment.

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STATES OF JERSEY

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REG'S SKIPS LIMITED – PLANNING APPLICATIONS (R.118/2010): COMPENSATION AND FURTHER ACTION (P.130/2010) –

THIRD AMENDMENT

Lodged au Greffe on 19th October 2010

by the Minister for Planning and Environment

STATES GREFFE

2010   Price code: A  P.130 Amd.(3)

REG'S SKIPS LIMITED – PLANNING APPLICATIONS (R.118/2010): COMPENSATION AND FURTHER ACTION (P.130/2010) –

THIRD AMENDMENT

1  PAGE 2, PARAGRAPH (a) –

After the words "to approve" insert the words ", and therefore provide the legal authority for,".

2  PAGE 2, PARAGRAPH (b) –

After the words "to approve" insert the words ", and therefore provide the legal authority for,".

MINISTER FOR PLANNING AND ENVIRONMENT

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P.130/2010 Amd.(3)

REPORT

I have carefully considered the findings of the Committee of Inquiry (R.118/2010) received  on  16th  September  2010  and  the  recommendations  for  compensation contained therein.

I  accept  the  recommendations  for  making  an  ex  gratia  payment  of  £157,000  to Mr. and Mrs. Pinel, the proprietors of Reg's Skips Ltd. and for making an ex gratia payment of £3,347, to Mr. C. Taylor , the owner of Heatherbrae Farm, St. John .

I have written to both Mr. and Mrs. Pinel and to Mr. Taylor on stating my intent and this  was  discussed  in  person  with  them  by  the  Chief  Officer  of  Planning  and Environment on 8th October. I have signed a Ministerial Decision dated 7th October 2010 to give effect to this decision.

The Planning and Building (Jersey) Law 2002 sets out what the Minister can and cannot pay in terms of compensation that might arise in a planning case. It is clear that the principle of making an ex gratia payment in compensation to cover legal costs as outlined in the Committee of Inquiry report would not fall within the provisions of that Law and therefore I am seeking the formal approval of the States Assembly before making this type of payment.

I am therefore lodging this amendment seeking the approval of the States to enable the payment of the two ex gratia payments specified above.

Financial and manpower implications

The  sum  of  £160,347  will  be  initially  sought  from  within  existing  Planning  and Environment  revenue  budgets  for  2010.  I  have  instructed  the  Chief  Officer  for Planning and Environment to affect the necessary reprioritisation changes within the budgets for 2010.

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P.130/2010 Amd.(3)