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Ex gratia payment: Mr. D. Turner.

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STATES OF JERSEY

EX GRATIA PAYMENT: MR. D. TURNER

Lodged au Greffe on 3rd April 2012 by Deputy M.R. Higgins of St. Helier

STATES GREFFE

2012   Price code: A  P.37

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to request the Minister for Planning and Environment to make an ex gratia payment of £7,757 to Mr. David Turner as compensation for costs incurred by Mr. Turner  in  gathering  evidence  to  deal  with  an  alleged  breach  of  the Planning and Building (Jersey) Law 2002.

DEPUTY M.R. HIGGINS OF ST. HELIER

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P.37/2012

REPORT

Abraham  Lincoln  in  his  Gettysburg  address  used  a  statement  which  has  become synonymous with what good democratic government is supposed to be all about. He talked about "government of the people, by the people, for the people".

This  proposition  deals  with  a  failure  of  the  government  of  this  Island,  and  in particular, the Planning Department, to work for the people by carrying out their duties under the Planning Law in an efficient and diligent manner, which has resulted in an individual citizen incurring £7,700.00 of expenses and over 12 months of their time and effort (and others) to gather the evidence to deal with a breach of the Planning Law.

This  proposition  is  not  a  criticism  of  the  existing  Minister  for  Planning  and Environment, Deputy R.C. Duhamel of St. Saviour , or his immediate predecessor, Deputy C.H. Egré of St. Peter , who served as the Assistant Minister for Planning in the  Department  under  Senator  F.E.  Cohen.  It  is,  however,  a  criticism  of  the Department, and in particular the Enforcement Division and those who supervise its operations.

The case itself relates to the Bay Leaf Restaurant which is located in Paris Lane, First Tower, St. Helier , and in particular to its home delivery/takeaway activities, which have blighted the residential neighbourhood in which it operates and the lives of a substantial number of residents, a number of whom are elderly and have serious medical conditions.

The full facts of this case will be set out in a separate addendum to this report. Financial and manpower implications

The cost of the proposed ex gratia payment is £7,757, which will need to be paid from the  existing  budget  of  the  Planning  and  Environment  Department.  There  are  no manpower implications.

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P.37/2012