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THE STATES assembled on Wednesday 16th March 2022, at 9.30 a.m. under
the Presidency of the Deputy Bailiff , Robert James MacRae , Esquire.
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All members were present at roll call with the exception of –
Senator Lyndon John Farnham – en défaut (défaut raised at 9.56 a.m.) Senator Tracey Anne Vallois – ill
Connétable Philip Bond Le Sueur of Trinity – absent on States business Deputy Jeremy Martin Maçon of St. Saviour – ill
Deputy Scott Michael Wickenden of St. Helier – excused attendance Deputy Rowland Edward Huelin of St. Peter – excused attendance Deputy Carina Soares Alves of St. Helier – ill
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Prayers
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Standing Order 55A – remote participation
THE STATES, with reference to their Act dated 14th September 2021, in which they had agreed that, notwithstanding Standing Order 55A(1), members who did not wish to attend in the States Chamber might continue to take part in States meetings using Microsoft Teams (until the States had considered and voted upon a proposition to re-apply Standing Order 55A(1) or to repeal or vary the terms of the Standing Order), assembled in accordance with Standing Order 55A with members able to participate remotely using Microsoft Teams.
Notification of lodged propositions
Island Plan 2022-25: approval (P.36/2021) – one hundred and third amendment. P.36/2021. Five Oaks Masterplan Amd.(103). Lodged: 16th March 2022, Minister for the Environment.
Island Plan 2022-25: Approval P.36/2021
THE STATES resumed consideration of a proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021), as amended, and, resuming consideration of an amendment of the Connétable of St. Brelade (P.36/2021 Amd.(45)), rejected an amendment of the Minister for the Environment (P.36/2021 Amd.(45)Amd.) that, after the words "should be deleted", there should be inserted the words "and, after the words "tourist destination area" there should be inserted the words "; or for new or extended uses associated with daytime economy uses within the defined centre at Les Quennevais."
Members present voted as follows –
POUR: 19 CONTRE: 19 ABSTAIN: 0
Senator L.J. Farnham Senator I.J. Gorst Connétable of St. Helier Connétable of St. Lawrence Senator S.C. Ferguson Connétable of St. Ouen Connétable of St. Brelade Senator K.L. Moore
STATES MINUTES
Connétable of Grouville Connétable of St. Peter Connétable of St. Mary Connétable of St. Martin Connétable of St. Clement Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen Deputy L.M.C. Doublet (S) Deputy of St. Mary Deputy J.H. Young (B) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. John
Deputy J.H. Perchard (S) Deputy I. Gardiner (H)
16th March 2022
Senator S.Y. Mézec Connétable of St. Saviour Connétable of St. John Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville
Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy R. Labey (H) Deputy G.J. Truscott (B) Deputy L.B. Ash (C) Deputy of Trinity
Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy R.J. Ward (H) Deputy K.G. Pamplin (S)
THE STATES noted that, as there was an equality of votes, the matter had been determined in the negative in accordance with Article 16(2) of the States of Jersey Law 2005.
THE STATES, resuming consideration of the amendment of the Connétable of St. Brelade , acceded to a request by the Connétable of St. Brelade , in accordance with Standing Order 69(4) that his amendment to the proposition of the Minister for the Environment be withdrawn
THE STATES resumed consideration of a proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021), as amended, and, commencing consideration of an amendment of the Connétable of St. Brelade (P.36/2021 Amd.(57)), adopted an amendment of the Connétable of St. Brelade (P.36/2021 Amd.(57)Amd.) that –
in paragraph (a), for the words to be inserted within Policy ER4 there should be substituted the words "including, with respect to buildings in St. Brelade 's Bay, if refurbished or redeveloped through further investment for such purpose"; and
in paragraph (b), for the proposed new paragraph 6. there should be substituted the following paragraph –
"6. Any proposed design for the replacement of the whole or part of any site in daytime and
economic use in St. Brelade's Bay shall be supported by an independent professional assessment of the functionality of the design for its stated commercial purpose (including, without limitation, viability of the proposed operations with respect to storage, delivery areas, adequacy of car parking facilities, quality of disabled access (if relevant) and, in the case of a design for a restaurant or café premises, any other impediments to customer and kitchen service), highlighting any proposed design features that are likely to discourage commercial interest.".
THE STATES rejected the amendment of the Connétable of St. Brelade , as amended, that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –
- within Policy ER4, at the end of sub-paragraph a. of Paragraph 5, before the semi-colon, there should be inserted the words "including, with respect to buildings in St. Brelade 's Bay, if refurbished or redeveloped through further investment for such purpose"; and
- within Policy ER4, after the final paragraph there should be inserted the following new paragraph –
"6. Any proposed design for the replacement of the whole or part of any site in daytime and
economic use in St. Brelade 's Bay shall be supported by an independent professional assessment of the functionality of the design for its stated commercial purpose (including, without limitation, viability of the proposed operations with respect to storage, delivery areas, adequacy of car parking facilities, quality of disabled access (if relevant) and, in the case of a design for a restaurant or café premises, any other impediments to customer and kitchen service), highlighting any proposed design features that are likely to discourage commercial interest.".
Members present voted as follows –
POUR: 9 CONTRE: 25 ABSTAIN: 0
Senator S.Y. Mézec Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Mary Connétable of St. John Deputy of Grouville Deputy M. Tadier (B) Deputy R. Labey (H) Deputy K.G. Pamplin (S)
Senator I.J. Gorst
Senator L.J. Farnham Senator S.C. Ferguson Senator J.A.N. Le Fondré Senator S.W. Pallett Connétable of St. Helier Connétable of St. Lawrence Connétable of Grouville Connétable of St. Ouen Connétable of St. Martin Connétable of St. Clement Deputy J.A. Martin (H) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen
Deputy L.M.C. Doublet (S) Deputy of St. Mary
Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy G.C.U. Guida (L) Deputy of Trinity
Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy J.H. Perchard (S)
THE STATES resumed consideration of a proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021), as amended, and, commencing consideration of an amendment of the Connétable of St. Brelade (P.36/2021 Amd.(85)), adopted an amendment of Senator Sarah Craig Ferguson (P.36/2021 Amd.(85)Amd.) that, in the inserted paragraph, the words "offering more than 58 beds" should be deleted.
THE STATES noted that, following the adoption of the amendment of Senator Sarah Craig Ferguson (P.36/2021 Amd.(85)Amd.(2)) to the amendment of the Connétable of St. Brelade , the amendment of the Connétable of St. Brelade (P.36/2021 Amd.(85)Amd.) to the same amendment was deemed to have been withdrawn.
THE STATES rejected the amendment of the Connétable of St. Brelade , as amended, that, after the words "the draft Island Plan 2022-25", there should be inserted the words ", except that within Policy EV1 the following paragraph should be inserted after the sixth paragraph –
"Changes of use of visitor accommodation will not be supported in St. Brelade 's Bay unless it is demonstrated that:
- there is no market demand for the continued use of the premises for visitor accommodation including if refurbished or redeveloped through further investment for such purpose; and
- there is no unacceptable adverse effect on the intrinsic character of St. Brelade 's Bay as a tourist destination area.".
Members present voted as follows –
POUR: 14 CONTRE: 27 ABSTAIN: 0
Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Martin Connétable of St. John Deputy G.P. Southern (H) Deputy of Grouville Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy of St. John
Deputy R.J. Ward (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)
Senator I.J. Gorst
Senator L.J. Farnham Senator J.A.N. Le Fondré Senator K.L. Moore
Senator S.W. Pallett Connétable of St. Helier Connétable of Grouville Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Clement Deputy J.A. Martin (H) Deputy K.C. Lewis (S) Deputy S.J. Pinel (C) Deputy of St. Ouen
Deputy L.M.C. Doublet (S) Deputy of St. Mary
Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter
Deputy of Trinity
Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy J.H. Perchard (S)
THE STATES noted that, in accordance with the provisions of Standing Order 106, Senator Sarah Craig Ferguson and the Deputy of St. Martin declared an interest in the subject of the amendment of the Connétable of St. Brelade (P.26/2021 Amd.(85)) to the proposition of the Minister for the Environment, in that they were both shareholders in the Biarritz Hotel, and they did not vote on the amendment.
THE STATES noted that, in accordance with the provisions of Standing Order 106, Senator Lyndon John Farnham and the Connétable of St. Clement declared an interest in the subject of the amendment of the Connétable of St. Brelade (P.26/2021 Amd.(85)) to the proposition of the Minister for the Environment, in that they both had an association with a hotel.
Arrangement of public business for the present meeting
THE STATES noted that, in accordance with Standing Order 34(1), Senator Sarah Craig Ferguson had informed the Greffier of the States that her amendment (P.36/2021 Amd.(19)Amd.) to the amendment of Senator Stephen William Pallett (P.36/2021 Amd.(19)) to the proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021) had been withdrawn.
Island Plan 2022-25: Approval P.36/2021
THE STATES resumed consideration of the proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021), as amended, and, adopting an amendment of Senator Stephen William Pallett (P.36/2021 Amd.(19)), agreed that, after the words "the draft Island Plan 2022- 25", there should be inserted the words "except that within Proposal 17 ( St. Brelade 's Bay Improvement Plan) after the words "improvement plan for St. Brelade 's Bay" there should be inserted the words "by December 2023"".
Arrangement of public business for the present meeting
THE STATES, adopting a proposition of Deputy Inna Gardiner of St. Helier, agreed that the her amendment (P.36/2021 Amd.(7)) to the proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021) would be considered immediately after the amendment of the Minister for the Environment (P.36/2021 Amd.(90)) to the same proposition.
Island Plan 2022-25: Approval P.36/2021
THE STATES resumed consideration of the proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021), as amended, and, adopting an amendment of Deputy Kirsten Francis Morel of St. Lawrence (P.36/2021 Amd.(38)), agreed that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –
- the following should be inserted within the list of protected industrial sites in Policy EI1 – Existing and new industrial sites and premises –
9. Bienvenue Farm and land adjacent, (The Fencing Centre and The Hidden Garden Company), St. Lawrence '
- within Policy EI1, after the words "built-up area will be supported" there should be inserted the following new paragraph –
"The development of new; or the redevelopment, renewal, or intensification of existing sites and premises at Bienvenue Farm and land adjacent (The Fencing Centre and The Hidden Garden Company), will only be supported where it is for the purposes of warehousing and storage, or the nature of the proposed use will complement and support an existing rural business; or enables a new business that has the potential to make a significant contribution to the rural economy. Any such proposals must be accompanied by a business plan which justifies the location of the development; and demonstrates its contribution to the rural economy."; and
- within EI1 after the words "In all cases of light industrial" there should be inserted the words "/ warehousing and storage/ rural economy"."
Members present voted as follows –
POUR: 40 CONTRE: 2 ABSTAIN: 0
Senator I.J. Gorst
Senator L.J. Farnham Senator J.A.N. Le Fondré Senator K.L. Moore Senator S.W. Pallett Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Saviour
Deputy J.H. Young (B) Deputy J.H. Perchard (S)
Connétable of St. Brelade Connétable of Grouville Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy of Grouville
Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen
Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary
Deputy G.J. Truscott (B) Deputy L.B. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter
Deputy of Trinity
Deputy of St. John
Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy R.J. Ward (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)
THE STATES resumed consideration of the proposition of the Minister for the Environment, as amended, and, adopting an amendment of Deputy Kirsten Francis Morel of St. Lawrence (P.36/2021 Amd.(28)), agreed that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –
- within Policy ERE3 (Conversion or re-use of traditional farm buildings), in the fourth paragraph, after the words "appearance of the building" there should be added the words "or changing or affecting the employment use or the nature of surrounding agricultural land";
- the draft Island Plan 2022-25 should be further amended in such respects as may be necessary consequent upon the adoption of paragraph (a).".
Members present voted as follows –
POUR: 41 CONTRE: 1 ABSTAIN: 0 Senator I.J. Gorst Connétable of St. Mary
Senator L.J. Farnham
Senator S.C. Ferguson
Senator J.A.N. Le Fondré
Senator K.L. Moore
Senator S.Y. Mézec
Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Brelade Connétable of Grouville Connétable of St. Peter Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy of Grouville
Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen
Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary
Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter
Deputy of Trinity
Deputy of St. John
Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy J.H. Perchard (S) Deputy R.J. Ward (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)
THE STATES noted that, in accordance with the provisions of Standing Order 106, the Deputy of St. Mary and Deputy Mary Rose Le Hegarat of St. Helier declared an interest in the subject of the amendment of the Deputy Kirsten Francis Morel of St. Lawrence (P.26/2021 Amd.(28)) to the proposition of the Minister for the Environment, in that they owned property to which agricultural land was attached.
THE STATES resumed consideration of the proposition of the Minister for the Environment, as amended, and rejected an amendment of Senator Kristina Louise Moore (P.36/2021 Amd.(61)) that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –
- within Policy ERE6, after the words "will not be supported" there should be inserted the words "; except where a commercial glasshouse site is located in close proximity to existing settlements and utility services, in which instance no more than 50% of that site will be supported for the provision of affordable housing, with use of the remaining 50% to be the subject of consultation by the Minister with the relevant Parish to determine whether it is should be restored to agricultural use or, to be made available to the Parish for the benefit of the Parish as a community space"; and
- the draft Island Plan 2022-25 should be further amended in such respects as may be necessary consequent to the adoption of (a)."
Members present voted as follows –
POUR: 19 CONTRE: 26 ABSTAIN: 0
Senator I.J. Gorst
Senator L.J. Farnham Senator K.L. Moore Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. Clement Deputy L.M.C. Doublet (S) Deputy S.M. Wickenden (H) Deputy of St. Mary
Deputy K.F. Morel (L) Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)
Senator S.C. Ferguson Senator J.A.N. Le Fondré Senator S.W. Pallett Senator S.Y. Mézec Connétable of St. Helier Connétable of Grouville Connétable of St. John Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen Deputy R. Labey (H) Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy G.C.U. Guida (L) Deputy of St. Peter Deputy of Trinity
Deputy of St. John Deputy J.H. Perchard (S) Deputy R.J. Ward (H)
THE STATES resumed consideration of the proposition of the Minister for the Environment, as amended, and commenced consideration of an amendment of the Minister for the Environment (P.36/2021 Amd.(90)).
Adjournment
THE STATES adjourned, having agreed to reconvene on Thursday 17th March 2022 to continue consideration of the proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021), as amended, and the remaining amendments listed for the meeting.
THE STATES rose at 5.35 p.m.
L.-M. HART Deputy Greffier of the States