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States Minutes 29th June 2011

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THE STATES assembled on Wednesday 29th June 2011, at 09.30 a.m. under

the Presidency of the Bailiff , Michael Cameron St. John Birt Esquire. __________________

All members were present at roll call with the exception of –

Senator Paul Francis Routier – absent on States business

Senator Philip Francis Cyril Ozouf – excused attendance (arrived in the Chamber at 10.34 a.m.) Senator James Leslie Perchard – excused attendance

Senator Alan John Henry Maclean – excused attendance

Connétable John Le Sueur Gallichan of Trinity – excused attendance

Connétable Silvanus Arthur Yates of St. Martin – excused attendance

Connétable Juliette Gallichan of St. Mary – excused attendance

Deputy Judith Ann Martin of St. Helier – excused attendance

Deputy Carolyn Fiona Labey of Grouville – absent on States business

Deputy Shona Pitman of St. Helier – en défaut (défaut raised at 9.10 a.m.)

Deputy Ian Joseph Gorst of St. Clement – absent on States business

Deputy Trevor Mark Pitman of St. Helier – en défaut (défaut raised at 9.24 a.m.)

Deputy Anne Teresa Dupré of St. Clement – excused attendance

Deputy Michael Roderick Higgins of St. Helier – excused attendance

__________________

Prayers __________________

Documents presented or laid

Land Transactions under Standing Order 168(3) – Lime Grove House acquisition – in  R.78/2011. principle.

Presented: 29th June 2011.

Minister for Treasury and Resources.

Notification of lodged propositions

Island Plan 2011: approval (P.48/2011): fifty-eighth amendment.  P.48/2011. Lodged: 29th June 2011.  Amd.(58) Minister for Planning and Environment.

Withdrawal of lodged propositions

THE STATES noted that, in accordance with Standing Order 34(1), the proposers of the following propositions lodged "au Greffe" had informed the Greffier of the States that they had been withdrawn –

Island Plan 2011: approval (P.48/2011): eleventh amendment.  P.48/2011. Lodged: 20th April 2011.  Amd.(11) Deputy I.J. Gorst of St. Clement .

483   Price code: B

Island Plan 2011: approval (P.48/2011): eleventh amendment (P.48/2011 Amd.(11)) –  P.48/2011. amendment.  Amd.(11) Lodged: 10th May 2011.  Amd. Deputy P.V.F. Le Claire of St. Helier .

North St. Helier Masterplan (P.73/2011): fourth amendment.  P.73/2011. Lodged: 20th June 2011.  Amd.(4) Minister for Planning and Environment.

Island Plan 2011: approval (P.48/2011)

THE STATES resumed consideration of the proposition of the Minister for Planning and Environment concerning the approval of the Island Plan 2011 (P.48/2011) and an amendment of Deputy Ian Joseph Gorst of St. Clement (Amendment 11) and an amendment to that amendment by Deputy Paul Vincent Francis Le Claire of St. Helier that field numbers 21A, 38, 38A, 39 and 59A should be deleted.

THE STATES, adopting a proposition of the Minister for Planning and Environment, agreed that, in accordance with the provisions of paragraph (4) of Article 4A of the Planning and Building (Jersey) Law 2002, Amendment (58) lodged au Greffe' by the Minister for Planning and Environment could be considered during the debate on the Island Plan 2011: approval'.

THE  STATES,  adopting  an  amendment  of  the  Minister  for  Planning  and  Environment (Amendment (58)), agreed that after the words "the revised draft Island Plan 2011" there should be inserted the words –

"except that the Proposals Map forming part of the Island Plan should be amended to clarify that the following land parcels, which are in the Green Zone but shown on the Proposals Map as within the boundary line of the surrounding Built-Up Area, are clearly excluded from the Built- Up Area –

  1. Fields 21A, 38, 38A, 39, 41, 42, 44, 45, 46, 47, 48, 48, 48A, 49, 50, 51, 52, 53, 54, 59, 59A, 59B, 80–88, 97, 98, and 100 in the parish of St. Clement ;
  2. Fields 1550 and 1551 in the parish of St. Helier ;
  3. Fields 865, 866, 875, 877, 878, 879 and 880 in the parish of St. Lawrence ;
  4. Fields 500, 501, 501A, 503, 504, 505, 508, 620, 622, 623 and 624 in the parish of St. Saviour .".

Members present voted as follows –

POUR: 36  CONTRE: 0  ABSTAIN: 0

Senator T.J. Le Main Senator B.E. Shenton Senator F.E. Cohen Senator A. Breckon Senator S.C. Ferguson

Senator F.du H. Le Gresley Connétable of St. Ouen Connétable of St. Helier Connétable of Grouville Connétable of St. John Connétable of St. Saviour Connétable of St. Clement Connétable of St. Peter Connétable of St. Lawrence Deputy R.C. Duhamel (S) Deputy of St. Martin

Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy G.P. Southern (H) Deputy of St. Ouen

Deputy of St. Peter

Deputy P.V.F. Le Claire (H) Deputy J.A.N. Le Fondré (L) Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy S. Pitman (H) Deputy K.C. Lewis (S) Deputy of St. John

Deputy M. Tadier (B) Deputy A.E. Jeune (B) Deputy of St. Mary

Deputy T.M. Pitman (H) Deputy T.A. Vallois (S) Deputy A.K.F. Green (H) Deputy D.J. De Sousa (H) Deputy J.M. Maçon (S)

Following the adoption of the amendment of the Minister for Planning and Environment (Amendment (58)), the Bailiff informed the Assembly that the amendments of Deputy Ian Joseph Gorst of St. Clement (Amendment (11)) and an amendment to that amendment by Deputy Paul Vincent Francis Le Claire of St. Helier were deemed to have been withdrawn.

THE STATES noted that, in accordance with the provisions of Standing Order 106(1)(a), Deputy Edward James Noel of St. Lawrence declared an interest and withdrew from the Chamber for the duration of the debate on Amendment (11).

THE STATES, adopting the proposition of the Minister for Planning and Environment, as amended, approved, in accordance with Article 3(1) of the Planning and Building (Jersey) Law 2002, the draft Island Plan 2011, as amended.

Members present voted as follows –

POUR: 37  CONTRE: 1  ABSTAIN: 0 Senator T.A. Le Sueur   Deputy G.P. Southern (H)

Senator P.F.C. Ozouf

Senator T.J. Le Main

Senator B.E. Shenton

Senator F.E. Cohen

Senator A. Breckon

Senator S.C. Ferguson

Senator B.I. Le Marquand

Senator F.du H. Le Gresley

Connétable of St. Ouen

Connétable of St. Helier

Connétable of Grouville

Connétable of St. Brelade

Connétable of St. John

Connétable of St. Saviour

Connétable of St. Peter

Connétable of St. Lawrence

Deputy R.C. Duhamel (S)

Deputy of St. Martin

Deputy R.G. Le Hérissier (S)

Deputy J.B. Fox (H)

Deputy of St. Ouen

Deputy of St. Peter

Deputy J.A. Hilton (H)

Deputy J.A.N. Le Fondré (L)

Deputy S. Pitman (H)

Deputy K.C. Lewis (S)

Deputy of St. John

Deputy M. Tadier (B)

Deputy A.E. Jeune (B)

Deputy of St. Mary

Deputy T.M. Pitman (H)

Deputy E.J. Noel (L)

Deputy T.A. Vallois (S)

Deputy A.K.F. Green (H)

Deputy D.J. De Sousa (H)

Deputy J.M. Maçon (S)

Arrangement of public business for the present meeting

THE STATES rejected a proposition of the Deputy of St. Mary that the meeting should adjourn for 5 minutes.

Members present voted as follows –

POUR: 6 CONTRE: 24 ABSTAIN: 0

Senator B.I. Le Marquand Deputy G.P. Southern (H) Deputy S. Pitman (H) Deputy of St. John Deputy M. Tadier (B) Deputy of St. Mary


Senator P.F.C. Ozouf Senator T.J. Le Main Senator F.E. Cohen

Senator A. Breckon

Senator F.du H. Le Gresley Connétable of St. Ouen Connétable of St. Helier Connétable of St. Brelade Connétable of St. Saviour Connétable of St. Peter Connétable of St. Lawrence Deputy R.C. Duhamel (S) Deputy of St. Martin

Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy of St. Ouen

Deputy J.A.N. Le Fondré (L) Deputy K.C. Lewis (S) Deputy A.E. Jeune (B) Deputy T.M. Pitman (H) Deputy T.A. Vallois (S) Deputy A.K.F. Green (H) Deputy D.J. De Sousa (H) Deputy J.M. Maçon (S)

North St. Helier Masterplan P.73/2011

THE STATES commenced consideration of a proposition of the Minister for Planning and Environment regarding the adoption of the North St. Helier Masterplan dated 10th May 2011 (P.73/2011) and, adopting paragraph 2 of an amendment of Deputy John Alexander Nicholas Le Fondré of St. Lawrence , agreed that after the words "an agreed development framework" there should be inserted the words –

"subject to the condition that references in the draft Masterplan to the provision of affordable housing being fixed initially at a proportion of 12½% shall be amended to provide that the proportion shall be fixed in accordance with any agreed Policy in the Island Plan.".

THE STATES, adopting paragraph 1 of an amendment of the Deputy of St. Mary to the proposition of the Minister for Planning and Environment (P.73/2011), agreed that after the words "an agreed development framework" –

  1. there should be inserted the words –

"subject to the condition that after the words on page 3 of the draft Masterplan A developer tariff will be worked up for the entire area to contribute towards public realm and transport solutions,' there be inserted the words This tariff and any other similar funding mechanisms from developers will be set immediately by the Minister, so that they will apply to any developments under the Masterplan'.".

  1. after the words added by paragraph (a) there should be inserted the words "and will then be brought to the States for endorsement by the Assembly".

THE STATES rejected paragraph 4 of an amendment of the Deputy of St. Mary to the proposition of the Minister for Planning and Environment (P.73/2011), that after the words "an agreed development framework" there should be inserted the words –

"subject to the condition that the funding streams resulting from the developer tariff mentioned on page 3 of the draft Masterplan and from the "contributions from private developments" and the "capital released from States development" mentioned in paragraph 29 of the Report to P.73, and from the Planning Obligation Agreement procedure mentioned in paragraph 82 of the Report to P.73, shall be used primarily to finance improvements to the public realm including but not limited to pedestrian routes, cycling routes, and improvements to urban public transport such as a Hoppa service or services, as envisaged in the Masterplan, and in accordance with the Island Plan and the Sustainable Transport Policy".

Members present voted as follows –

POUR: 11 CONTRE: 27 ABSTAIN: 0

Senator A. Breckon

Senator F.du H. Le Gresley Connétable of St. Brelade Connétable of St. Lawrence Deputy R.G. Le Hérissier (S) Deputy G.P. Southern (H) Deputy P.V.F. Le Claire (H) Deputy S. Pitman (H) Deputy M. Tadier (B) Deputy of St. Mary

Deputy T.M. Pitman (H)


Senator T.A. Le Sueur Senator P.F.C. Ozouf Senator T.J. Le Main Senator F.E. Cohen

Senator S.C. Ferguson Senator B.I. Le Marquand Connétable of St. Ouen Connétable of St. Helier Connétable of Grouville Connétable of St. John Connétable of St. Saviour Connétable of St. Clement Deputy R.C. Duhamel (S) Deputy of St. Martin

Deputy J.B. Fox (H)

Deputy of St. Ouen

Deputy of St. Peter

Deputy J.A.N. Le Fondré (L) Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy K.C. Lewis (S) Deputy A.E. Jeune (B) Deputy E.J. Noel (L) Deputy T.A. Vallois (S) Deputy A.K.F. Green (H) Deputy D.J. De Sousa (H) Deputy J.M. Maçon (S)

Arrangement of business for the present meeting

THE STATES agreed that it would reconvene on Thursday 30th June 2011 at 11.00 a.m. following the special meeting to commemorate the departure of His Excellency the Lieutenant Governor, Lieutenant- General Sir Andrew Ridgway, K.B.E., C.B.

Changes in Presidency

THE STATES re-assembled after the lunch adjournment under the Presidency of Mr. Michael Nelson de la Haye, Greffier of the States.

North St. Helier Masterplan P.73/2011

THE STATES resumed consideration of a proposition of the Minister for Planning and Environment regarding the adoption of the North St. Helier Masterplan dated 10th May 2011 (P.73/2011) and, adopting paragraph 2 of an amendment of the Connétable of St. Helier , agreed that after the words "an agreed development framework" there should be inserted the words –

"subject to the condition that the plan to create environmental improvements in Bath Street and David Place by making these roads one-way will be subject to further investigation and consultation before being discounted".

Changes in Presidency

Mr. Michael Nelson de la Haye, Greffier of the States, retired from the Chair during consideration of paragraph 2 of the amendment of the Connétable of St. Helier to the North St. Helier Masterplan (P.73/2011) and the meeting continued under the Presidency of the Bailiff .

North St. Helier Masterplan P.73/2011

THE STATES, adopting paragraph 2 of an amendment of the Deputy of St. Mary , agreed that after the words "an agreed development framework" there should be inserted the words –

"subject to the condition that in relation to the Ann Court site, a full consultation with relevant stakeholders will be carried out with regard to the site being used, in whole or in part, for social and/or market housing for the elderly, and that if the consultation outcome is positive about the scheme, that a feasibility study will be carried out to progress this use of the site".

THE STATES commenced consideration of paragraph 1 of an amendment of Deputy John Alexander Nicholas Le Fondré of St. Lawrence to the proposition of the Minister for Planning and Environment (P.73/2011) and granted him leave to withdraw the amendment.

THE STATES, adopting paragraph 1 of an amendment of the Connétable of St. Helier to the North St. Helier Masterplan (P.73/2011), agreed that after the words "an agreed development framework" there should be inserted the words –

"subject to the condition that any plans for the redevelopment of –

  1. the Ann Court site;
  2. the Jersey Gas site,

shall take into account any requirements in the new Island Plan that sufficient amenity space and parking for shoppers and residents be provided in the area of the Masterplan".

Members present voted as follows –

POUR: 25  CONTRE: 9  ABSTAIN: 0

Senator A. Breckon

Senator F.du H. Le Gresley Connétable of St. Ouen Connétable of St. Helier Connétable of St. Brelade Connétable of St. John Connétable of St. Saviour Connétable of St. Lawrence Deputy of St. Martin

Deputy R.G. Le Hérissier (S) Deputy J.B. Fox (H)

Deputy G.P. Southern (H) Deputy of St. Peter

Deputy P.V.F. Le Claire (H) Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy S. Pitman (H) Deputy K.C. Lewis (S) Deputy of St. John

Deputy M. Tadier (B) Deputy of St. Mary

Deputy T.M. Pitman (H) Deputy E.J. Noel (L) Deputy T.A. Vallois (S) Deputy D.J. De Sousa (H)


Senator P.F.C. Ozouf Senator T.J. Le Main Connétable of Grouville Connétable of St. Clement Deputy R.C. Duhamel (S) Deputy of St. Ouen Deputy A.E. Jeune (B) Deputy A.K.F. Green (H) Deputy J.M. Maçon (S)

THE STATES rejected paragraph 6 of an amendment of the Deputy of St. Mary to the North St. Helier Masterplan  (P.73/2011),  that  after  the  words  "an  agreed  development framework" there should be inserted the words –

"subject to the condition that the commuter parking proposed for the Le Masurier Bath Street shall be deleted from the Masterplan.".

Members present voted as follows –

POUR: 9  CONTRE: 19  ABSTAIN: 0

Senator F.du H. Le Gresley  Senator T.J. Le Main Connétable of St. Helier  Senator F.E. Cohen Deputy J.B. Fox (H)  Senator S.C. Ferguson

STATES MINUTES

Deputy G.P. Southern (H) Deputy P.V.F. Le Claire (H) Deputy S. Pitman (H) Deputy of St. Mary

Deputy T.M. Pitman (H) Deputy T.A. Vallois (S)


29th June 2011

Connétable of St. Ouen Connétable of Grouville Connétable of St. Brelade Connétable of St. John Connétable of St. Saviour Connétable of St. Clement Connétable of St. Lawrence Deputy R.C. Duhamel (S) Deputy of St. Martin Deputy of Trinity

Deputy S.S.P.A. Power (B) Deputy K.C. Lewis (S) Deputy A.E. Jeune (B) Deputy E.J. Noel (L) Deputy A.K.F. Green (H) Deputy J.M. Maçon (S)

THE STATES commenced consideration of paragraph 3 of an amendment of the Deputy of St. Mary to the North St. Helier Masterplan (P.73/2011), that after the words "an agreed development framework" there should be inserted the words –

"subject to the condition that in relation to the former Jersey College for Girls site, the draft Masterplan shall be amended to include a formal evaluation of this site as a site for States offices".

Adjournment

THE STATES adjourned, having agreed to reconvene on Thursday 30th June 2011 at 11.00 a.m. to continue consideration of the proposition of the Minister for Planning and Environment entitled North St. Helier Masterplan' (P.73/2011) and the outstanding items of public business.

THE STATES rose at 5.03 p.m.

M.N. DE LA HAYE Greffier of the States