Code of Conduct for the Minister for Planning and Environment in the Determination of Planning Applications and Pre-Application Advice

STATES OF JERSEY

CODE OF CONDUCT FOR THE MINISTER FOR PLANNING AND ENVIRONMENT IN THE DETERMINATION OF PLANNING APPLICATIONS AND PRE-APPLICATION ADVICE

Presented to the States on 12th December 2011 by the Minister for Planning and Environment

STATES GREFFE

2011   Price code: A  R.148

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CODE OF CONDUCT FOR THE MINISTER FOR PLANNING AND ENVIRONMENT IN THE DETERMINATION OF PLANNING APPLICATIONS AND PRE-APPLICATION ADVICE

December 2011

1. Application determination

1. The Minister will only become involved in determining applications for planning permission or any other application that requires consent in exceptional circumstances. The exceptions are likely to include –

• proposals of Island-wide significance;
• proposals where there is published ministerial guidance or recorded pre-application advice for major proposals.

2. In all cases when the Minister does become involved in determining applications for planning permission or any other consent the reasons for the intervention will be publicly recorded, and any proposed call- in will  be  discussed  with  the  officers  prior  to the  Minister  using reserve call-in powers.
3. All applications determined by the Minister will be determined by way of a Public Inquiry or Ministerial Hearing. The Minister at a Ministerial  Hearing  will  allow  a  full  explanation  of  all  material considerations to be given by the presenting officer, followed by a full audible  debate  to assist  all  those  present  to see  how  material considerations are being balanced.
4. Full reasons for a decision which address all the material issues raised during consideration of the application should normally be given in writing, after the Hearing, as part of the public record of the decision.

2. Pre-application role

1. The Minister  will  only  become  involved  in pre-application discussions  in exceptional  cases.  These  will  include  proposals  of Island-wide significance and major proposals where there is published ministerial guidance unless requested to become involved by officers. All pre-applications with Ministerial involvement should, in every case –

• be with officers present;
• be by appointment to allow time for preparation;
• be with ministerial guidance, officer note of advice and/or conclusions sent to proposer and recorded on file;
• avoid lobbying and explain the Minister will not be able to determine an application on which lobbying has occurred;

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• include  a  statement  in  the  note  of  the  pre-application discussion that the Minister has not made or pre-empted any decision on the application;
• include a statement in the Hearing Report of the Minister's recorded  pre-application  advice  or  guidance  and  that  the Minister  has  not  pre-determined  him  or  herself  on  the application.

2. If  either  of  the  last  2 bullet  points  cannot  be  included,  then  the Minister is conflicted and should not determine the application.
3. The Minister should pass requests for advice or representations on other proposals to the case officer without comment.
4. If the Minister is involved in pre-application discussion and guidance for a proposal of Island-wide significance, the Minister will publish guidance and make it publicly available as soon as possible thereafter, following planning forums or other inclusive public consultation.
5. If  pre-application  discussions  or  guidance  are  offered  on  lesser applications at the request of officers, the officers will record that advice  and  ensure  it is publicly  available  when  any  ensuing application is submitted, and incorporated in the officer report to a Planning Applications Panel or Ministerial Hearing.

3. Potential interests and pre-application and application stages

1. If there is a direct or indirect financial interest or a prejudicial interest, or  where  the  Minister  has  been  lobbied,  or  has  been  subject  to personal  approaches  or  personal  interests  that  s/he  would  not  be comfortable  disclosing,  the  Minister  should  regard  him/herself  as conflicted  on  receipt  of  the  application  and  not  determine  the application, to ensure that public misconceptions of undue influence do not arise.
2. If the Minister is conflicted the Planning Applications Panel (PAP) or Assistant  Minister,  subject  to PAP  Code  of  Conduct,  will  be responsible for determining the decision.

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