Quarterly Public Hearing - Minister for the Environment - Additional Written Questions - 26 November 2018

Environment, Housing and Infrastructure Panel Quarterly Hearing

13th November 2018

Additional Questions

Question 1

As part of your Countryside Access Strategy' to encourage islanders to get out into the countryside more, how are you encouraging people to do so? What policy initiatives are you planning to bring forward?

The Countryside Access Strategy is written to complement various other States' strategies, including the Rural Economy Strategy; Jersey Island Plan; Sustainable Transport Policy; Fit for the Future Strategy; A Mental Health Strategy for Jersey and the Sport Jersey's Active Jersey Strategy'. These strategies all propose measures to encourage the public to exercise and utilise existing recreational facilities, including our access (footpath) network.

The Access Strategy proposes a new on-line, interactive map of access routes for walkers, cyclists and horse riders and I hope should be available before the year end. This will be created with improved directional signage and information so people are more aware of the walking routes and information about them. This includes ease of use, destinations and location of associated facilities. I will publicise new routes as they are created and the access network is extended.

Question 2

The Panel met recently with the National Park Jersey who told us of the issues they were facing with lack of funding and manpower resources. Have you met with them to discuss these issues? If so, what was the outcome of your meeting?

Together with officers, I met with representatives from the Jersey National Park (JNP) on the 3rd September 2018 and again on the 13th November 2018. We discussed a number of items relating to the JNP, including future political, officer and financial support. Some officer and financial support has been made and is available but this has been adversely effected by budget delays and the dissolution of the Department of the Environment. Going forward, we have agreed to facilitate an officer workshop' with JNP representatives (probably in Q1 2019), to consider what is required to support the JNP, options that are available and to agree a way forward.

Question 3

Does the Minister still stand by his decision regarding the Ministerial Decision signed on 25th July 2018, to refuse the planning application in respect of Retreat Farm, La Rue de la Frontière, St. Mary and Rue des Varvots, St. Lawrence (known as Tamba Park)? If yes, why?

Yes, I stand by my Ministerial Decision in relation to Tamba Park, made in July 2018. The reasons for my decision are set out in Ministerial Decision MD-PE-2018-0060.

Link to Ministerial Decision MD-PE-2018-0060 Link to Ministerial Decision news release

Question 4

On 26th September, in response to an e-petition [Introduce a free Aire' French style camping system in Jersey for locals: received 1,501 signatures] you stated that your next steps would be for "relevant Ministers and Connétable s to meet and discuss how the demand for short term camping in St. Ouen 's Bay is best managed in time for next summer" – Have these discussions started? Where are you currently with this?

As indicated in my response to the e-petition, enjoying Jersey's coast and countryside is part of island life, but it is accepted this needs management to protect its qualities. I have received a number of representations from the public expressing concern of the effect of this on the island's special areas.

The Minister for Infrastructure and I met with officers to discuss this matter on the 12th November 2018, and we met with the Connétable s of St Peter, St Ouen and St Brelade on the 23rd November 2018.

We are developing a strategy to manage Le Port while protecting our coast and countryside.

Question 5

On 11th October, in response to an e-petition [Make it law to stop hit and run for cats – received 2,733 signatures] you commented that "it is already an offence, carrying heavy penalties (up to 12 month imprisonment and or a fine up to £10,000) under the Animal Welfare (Jersey) Law 2004, to do or omit any act so as to cause unnecessary suffering to a domestic animal (including cats)". Has there ever been a conviction under this law in regard to a hit and run' incident? If yes, what is the number of convictions?

I am informed there have been no convictions under the Animal Welfare (Jersey) Law 2004 in relation to a hit and run' incident

Also, the Panel were approached the day before the hearing by a member of the public asking if they could ask the following questions:

Question 6

If the Minister is aware that according to the current and previous Island Plans ; "The Island is subject to more than 350 international treaties, conventions and protocols which carry legal and moral commitments as well as rights and obligations under international law."

Does the Minister know how many of these 350 are considered relevant to the administration of his

Ministry and if there exists a list of what they are?

Following the introduction of a new operating model for government the concept of a ministry' is no longer applicable, but the former Department of the Environment administered the following European Union Directives and International Conventions (known as Multi-Lateral Environmental Agreements (MEAs)):

• Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic concerning Fishing in the Bay of Granville with Exchanges of Notes and Declaration
• Agreement on the Conservation of European Bats (EUROBATS)
• Agreement on the Conservation of small cetaceans of the Baltic, North East Atlantic, Irish and North Seas (ASCOBANS)
• African-Eurasian Water bird Agreement (AEWA)
• Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
• Convention of Biological Diversity (CBD)
• Convention on the Conservation of Migratory Species of Wild Animals (Bonn)
• Convention on the Conservation of European Wildlife and Natural Habitats (Bern)
• Convention on Environmental Impact Assessment in a Transboundary Context (Espoo)
• Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter

1972

• 1996 Protocol to the above Convention

• Convention for the Protection of the Architectural Heritage of Europe (Granada)
• Convention on International Trade in Endangered Species (CITES)
• Convention for the Protection of the Marine Environment of the North East Atlantic (OSPAR)
• Decision of the Council of the Organisation for Economic Co-operation and Development (OECD) concerning the control of transfrontier movements of wastes destined for recovery operations
• European Convention on the Protection of the Archaeological Heritage (Valletta)
• Fisheries Management Agreement between the United Kingdom and Jersey
• International Plant Protection Convention
• Memorandum of Migratory Birds of Prey in Africa and Eurasia
• Montreal Protocol to above Convention
• Ramsar Convention on Wetlands of International Importance especially as a Waterfowl Habitat
• United Nations Framework Convention on Climate Change (UNFCC)
  • Kyoto Protocol to above Convention
• UN Vienna Convention for the Protection of the Ozone layer
• UNECE Convention on Long Range Transboundary Air Pollution and Associated Protocols (CLRTAP)

Jersey's compliance with these is achieved by agreed policy and strategies and local primary legislation to ensure compliance. Examples include: the introduction of the Endangered Species Jersey Law (2012) which implements the Convention on the International Trade in Endangered Species (CITES); the agreement of the Energy Plan (P.38/2014) which outlines our policies to achieve our carbon reduction targets in order to comply with the Kyoto Protocol.

Question 7

Is the Minister aware that there at least 13,000 working adults in Jersey who do not have housing qualifications and many live in very inadequate housing accommodation and if so, does he propose to plan for them and their families to enjoy proper housing accommodation in the near future?

The Public Health and Safety (Rented Dwellings)(Jersey) Law 2018 was adopted by the States on 13 December 2017and came into force on 1 October 2018. The associated Order, that sets out the minimum standards of health and safety which must be met by the landlord of a rented dwelling will come into force on the 1st December 2018. This new Law and Order will improve standards in the rental accommodation sector and means landlords will be required to ensure all their rental properties are at Rent Safe' standard.

Question 8

Does the Minister consider that devoting so much land in Jersey to agricultural uses is justifiable when other priorities, such as housing construction and business diversification are more important and would be socially and economically more beneficial to the whole Island?

I recognise that land is required for a whole range of uses, beside agriculture, and the Island Plan seeks to provide for the orderly, comprehensive and sustainable development of the island in a manner that best serves all interests of the community. .

Agricultural land is also protected in law in Jersey to ensure that a stable, viable agricultural land bank is retained for the use of the farming industry.

Personally, I support the protection of agricultural land and the higher level of protection afforded to the safeguarding of agricultural land, and to the Green Zone, as set out in the States approved Island Plan.

Question 9

In view of the intensification of use of the Social Security building by several States Departments – including the Environment Department – under Charlie Parker's "one door" policy – can the Minister clarify if this falls within the scope of the "planning permission" previously granted for these premises and whether any consideration has been, or is required to be given, to the lack of any public parking provision on the site?

Planning permission is required for the development of land either physical changes to a building or a material change of use. It is not normally a material change to use a building more (or less) intensively. This occurs frequently over a building's lifetime, whether in a residential or commercial context. Accordingly, the parking provision for any building will need to cope with a variety of occupancies. It is generally accepted that commercial buildings in St. Helier are not expected to provide their own parking on site. It has been long-held policy that this is provided by the States of Jersey in public car parks, so that supply can be managed through pricing or other mechanisms. Any proposals to re-organise parking in the street outside the Social Security office in La Motte Street will need to be determined by the Minister for Infrastructure.

26.11.2018