Under F, the nomination of Mr. Robert Charles Parker as an unelected member of the Public Accounts Committee; no other nominations have been received before expiry of the deadline, so in accordance with Standing Order 124 he is appointed. Chairman, do you wish to say anything about this?

1.1 Deputy T.A. Vallois of St. Saviour (Chairman, Public Accounts Committee):

Yes, Sir. I would just like to take this opportunity to thank the Appointments Commission in assisting us with this appointment and especially to those candidates that put their names forward; we were very lucky to have an excellent calibre of persons coming forward to serve on such an important committee and hope they will consider it again in the future should the opportunity arise.

2. Nomination of Deputy G.P. Southern of St. Helier as a member of the Education and Home Affairs Scrutiny Panel

The Deputy Bailiff:

Next, the nomination of Deputy Southern as a member of the Education and Home Affairs Scrutiny Panel has been received.

2.1 Connétable M.P.S. Le Troquer of St. Martin (Vice-Chairman, Education and Home Affairs Scrutiny Panel):

Yes, in the absence of the panel Chairman, Deputy Maçon, who is not in the Assembly today on States business away, I would like to propose Deputy Geoffrey Southern of St. Helier to join the Education and Home Affairs Scrutiny Panel. We have a heavy workload at the moment and his experience will bring vast knowledge to the team, a very inquisitive and probing ability, I can propose.

The Deputy Bailiff:

You propose that on behalf of the panel? Are there any other nominations? Very well, then I declare Deputy Southern has been elected as a member of the Education and Home Affairs Scrutiny Panel. [Approbation]

QUESTIONS

3. Written Questions

3.1 DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE ANNUAL RUNNING COSTS OF THE COMMISSIONING UNIT:

Question

What are the annual running costs of the recently established Commissioning Unit?

What savings are predicted on an annualised basis for the next 5 years?

Answer

The three Commissioners came into post in January 2013. Their role is to ensure that the people of Jersey are getting the best services and the best value in health care and treatment.

Responsible for supporting delivery of the ambitious programme of change under the ‘Caring for Each Other, Caring for Ourselves’ White Paper, the Commissioners are working closely with the local voluntary sector and health and social care professionals, on the redesign of the health and social care system.

This is a significant challenge, which involves both local and off-island negotiations on health care and social services, in order to ensure the right services are available for Islanders at the best value for money.

The department has agreements with over 80 different hospitals, healthcare and social services providers in the UK alone, for medical treatment, children and adult placements and mental health care.

By understanding where gaps in services exist, developing service specifications and robust agreements, tendering for services to ensure best value and monitoring standards of delivery, the Commissioners are building close working relationships with new and existing providers that are based on trust, openness and transparency.

This drive to deliver the best value for money and, in particular, through developing robust overseas placements and Agreements for services with overseas providers – including hospital services off-island and individual high cost placements – is contributing significantly to the £7m CSR savings the Department has set out to achieve in the 2011-2013 CSR programme.

Other benefits from the process have seen enhanced community based services, which are helping to improve quality of life for many people who are, with this support, able to remain in their own homes rather than being cared for in hospital.

Furthermore, without the work of the Commissioners in the renegotiation of service provision, funding for other areas of investment – including long term conditions such as Diabetes and increased clinics to target outpatient waiting times – could not have been achieved.

The three Commissioners posts were created as part of the initiatives identified in the White Paper proposition to deliver effective change across HSSD. The posts were evaluated appropriately through the Hay Evaluation system, in line with States policy, and recruited through established HR recruitment procedures.

The total budgeted cost of employing the three Commissioner staff, including on-costs, is £269,450 per annum.

All HSSD staff are expected to contribute to the delivery of the department’s CSR savings targets, as well a driving business and initiatives to ensure value for money and improve the quality of services being provided. The Commissioners, over the next five years, will actively contribute to delivering the Department’s CSR savings.

3.2 DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE CHIEF MINISTER REGARDING A DECLARATION OF INTERESTS BY CIVIL SERVANTS:

Question

Does the Minister consider that the move to Ministerial government has resulted in the transfer of substantial amounts of decision-making to the public sector and, if so, does he believe that officers involved should be required to make a declaration of financial and property interests in the same way as States Members, to allay suspicion of influence during decision-making and, if not why not?

Answer

Within our system of government, Ministers are responsible for policy decisions and make decisions according to the powers and duties identified in the law. Ministers may delegate functions to an Assistant Ministers or to an officer. Officers support Ministers in developing and implementing policies, and in delivering public services. Officers are accountable to Ministers, who in turn are accountable to the Assembly.

Accounting officers are required to disclose all material interests and these are included in the Accounts if they are considered to be significant to the individual’s role. Under Financial Reporting Manual requirements a Register of Interests/Related Parties Declaration is completed each year by senior officers. This records details of company directorships held by officers or their close family, details of other interests and details of close family members referred to in any disclosures or who have material transactions with the States.

3.3 DEPUTY G.C.L. BAUDAINS TO THE CHIEF MINISTER REGARDING THE APPLICATION OF NEW WORK LEGISLATION TO “ZERO HOURS” CONTRACTS:

Question

Further to assurances given on 14th May 2013 by his Assistant Minister, would the Chief Minister explain precisely how the new control of work and housing legislation will be applied to zero-hour contracts, given that the Employment Tribunal has declared people working in that environment cannot be classed as ‘employees’?

As well as increasing compliance and monitoring to ensure that licences are adhered to, what steps, if any, is he is taking to ensure the use of zero-hour contracts is not used by firms as a means of avoiding employment legislation?

Answer

The new Control of Housing and Work (Jersey) Law, 2012, applies to zero hours contracts. The Employment Law naturally deals with a narrow definition that relates to employees who are employed under a contract of employment. In contrast, the new Control of Housing and Work (Jersey) Law applies to a broader spectrum of workers.

In particular, the new law defines “work” in Article 1 as follows:

“work” means any of the following –

(a) work governed by a contract of employment;

(b) engagement in any trade, business, profession or vocation;

(d) engagement by a person in any other activity described in Article 23(1)(c);*

* activity involving work or services performed for, or offered to members of the public, including a section of the public (Article 23(1)(c))

The Law then goes on to outline in Article 24 that a person starting new work must have a registration card, with new work defined as follows:

(4) A person starts new work for the purposes of this Article –

(a) if the person works under a contract of employment for a person for whom the person has not previously worked;

(b) if the person works under a contract of employment for a person for whom the person has previously worked and the continuity of the period of the person’s employment has been broken within the meaning of the Employment (Jersey) Law 200315; or

(i) in or for which the person has not previously worked, or

(ii) in or for which the person has previously worked but the length of time which has elapsed since ending that work is such that the person would ordinarily be regarded as starting new work.

Article 27 then provides that:

(1) If the Minister decides to grant a business licence under Article 26(4), the Minister shall specify as a condition of the business licence –

(a) the maximum number (which may be nil) of individuals with Licensed and Registered status respectively who are permitted to work in or for the undertaking; and

(b) if any individuals with Licensed status are so permitted, each description of work which may be done by an individual with that status.

Exemptions under the Law have then been drafted to be introduced by Order, such that an undertaking does not require a licence for a person on a zero hours contract if they are not actually performing any work.

As to compliance with the Employment Law, that is a matter for the Minister for Social Security and the Employment Law, not for the Control of Housing and Work Law, but the structures of the Employment Law, including the Jersey Advice and Conciliation Service and the Employment Tribunal, have been designed to offer advice and a redress mechanism in relation to breaches of the Law, including in relation to any firms using zero-hour contracts as a means of avoiding employment legislation.

3.4 DEPUTY G.C.L. BAUDAINS TO THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE SUBMISSION OF COMMENTS TO PROPOSITIONS:

Question

Does the Chairman consider it satisfactory that comments and similar information arrive so close to a debate that members may not have sufficient time to digest their contents and, if not, will his Committee be addressing the matter?

Answer

This would not be a satisfactory state of affairs were it the norm. Thankfully, both the executive and scrutiny functions have a generally satisfactory record of presenting comments and similar information to the Assembly in good time.

In the case of comments, Standing Order 37A requires that comments forwarded to the States Greffe after noon on the preceding Friday be accompanied by a statement explaining the reason for their lateness. There have been 24 such statements made since the Standing Order came into force during 2011, with 6 having been made so far in 2013. Although the majority were made by the executive, some were submitted by Scrutiny.

I have written to the Chief Minister inviting him to consider whether anything might be done to further limit the number of occasions on which the executive presents a late comment to the States Assembly.

3.5 DEPUTY G.C.L. BAUDAINS TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE LODGING OF A PROPOSITION RELATING TO DEATH BY CARELESS DRIVING:

Question

Further to the responses received from both the Minister and the Minister for Home Affairs to my written questions of 19th February 2013 and 19th March 2013, will the Minister advise what progress, if any, has been made towards amending the Road Traffic (Jersey) Law 1956 to provide for ‘causing death or injury by careless driving’ and when he anticipates bringing forward the necessary amendments for debate by the Assembly?

Answer

The Minister for Home Affairs has recently established a working group to examine the current maximum penalties for all road traffic offences. The group comprises representatives from the Law Officers’ Department, the Courts, the States of Jersey Police, the Honorary Police, the Home Affairs Department and the Transport and Technical Services Department. At its first meeting the group discussed the introduction of a new offence of causing death by careless driving and were in agreement that this offence should be introduced in Jersey with penalties aligning with those for this type of offence in the UK. The possibility of creating an offence of causing death or serious injury by careless driving was also discussed and it was agreed to review UK practice, where an offence of causing serious injury by dangerous driving had recently been introduced.

The group’s work on this issue, as well as traffic penalties generally, is continuing. I anticipate receiving the recommendations of the group by the end of this third quarter, following which I will instruct my officers to provide law drafting instructions for the Law Draftsman as soon as possible.

3.6 THE CONNÉTABLE OF ST. JOHN TO THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE ESPLANADE QUARTER OFFICE BUILDING:

Question

Following his decision to approve the application by the Jersey Development Company (JDC) to construct a 56,000 sq ft building on the Esplanade car-park site would the Minister advise –

(a) whether this approval is consistent with the Esplanade Quarter Masterplan approved by the States in 2008 (P.60/2008)?

(b) whether this approval is compromised by the ongoing litigation between the JDC’s predecessor the Waterfront Enterprise Board and Harcourt Developments?

(c) if the Island Plan 2011 needs to be amended if elements of P.60/2008 are not now to be carried out, specifically the sunken road and approved scheme and, if so, should the Island Plan have been amended by the States before this approval was issued?

(d) if the 31 conditions associated with the approved application reflect the Island Plan 2011 and the Esplanade Quarter Masterplan 2008 (P.60/2008)?

Answer

Before dealing with the specific points (a) to (d), may I initially point out that the proposed building in application P/2012/1141 is 80,000 sq ft (gross) / 67,000 sq ft (net), not 56,000 sq ft as referenced in the above Question.

(a) whether this approval is consistent with the Esplanade Quarter Masterplan approved by the States in 2008 (P.60/2008)?

My determination of P/2012/1141 includes an understanding that the application is for a single building and is not, in itself, delivering the Esplanade Quarter Masterplan – clearly the scope of the Masterplan is way beyond this individual building. I am content that as an individual building, the application is consistent with the Masterplan, in that its footprint and scale are as the Masterplan envisaged for this part of the site. Further, at a broader level, I am also content that this building is compliant with the wider aspirations of the Masterplan as it supports the on-going delivery of its aspirations and the longer-term realisation of the original Masterplan objectives.

(b whether this approval is compromised by the ongoing litigation between the JDC’s predecessor the Waterfront Enterprise Board and Harcourt Developments?

I have no involvement with the litigation between Harcourt and SOJDC and therefore I am unable to comment. This question is therefore perhaps best directed to the parties involved in that litigation.

I am not aware that any elements of the wider Esplanade Quarter Masterplan are now not to be carried out. The planning system cannot make developments happen. It is permissive, in that it determines the applications as submitted to the Department by developers. The granting of planning permission for P/2012/1141 is perhaps a step towards making sure some of the Masterplan does get carried out. I cannot therefore see any need to alter the Island Plan.

(d) if the 31 conditions associated with the approved application reflect the Island Plan 2011 and the Esplanade Quarter Masterplan 2008 (P.60/2008)?

There are actually 34 planning conditions (for completeness, these are set out on the attached list).

Each condition includes a “reason” in italics, and you will note that each reason is referenced to a planning objective, as described by a policy within the Island Plan 2011. This form of referencing is standard and illustrates that the conditions are reasonably related to a planning objective.

In the main, the reasons will include reference to Policy BE2 of the Jersey Island Plan 2011, which is the policy concerned with the Delivery of the St Helier Waterfront, and which expressly references the 2008 Esplanade Quarter Masterplan. Therefore, the conditions do all reflect the Island Plan and the Masterplan.

Should any further information be required in relation to any element of the application and its determination, then may I please identify the resources on our website, being the application documentation, Department Report and the Ministerial Decision, available via the following links:

Application documentation

https://www.mygov.je/Planning/Pages/PlanningApplicationDetail.aspx?s=1&r=P/2012/1141

Department Report

http://www.gov.je/SiteCollectionDocuments/Planning%20and%20building/M%20MM%202013-04-19%20(A).pdf

Ministerial Decision

http://www.gov.je/Government/PlanningPerformance/Pages/MinisterialDecisions.aspx?docid=f04004e7c573de49d297f2f078db8e7c_MDs

P/2012/1141

PLANNING CONDITIONS

(with reasons in italics)

1. The development hereby permitted shall not be commenced until details of the appointed Landscape Architect have been agreed in writing by the Minister for Planning and Environment and the appointed Landscape Architects shall have submitted to and have approved in writing by the Minister for Planning and Environment, a scheme of landscaping which shall provide details of the following;

i) all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain on the site and on adjoining land within the same ownership;

ii) the position of all new trees and/or shrubs, this must include the species of plant(s)/tree(s) to be planted, their size, number and spacing and the means to be used to support and protect them;

iii) other landscape treatments to be carried out or features to be created, for example, any excavation works, surfacing treatments, or means of enclosure;

iv) the measures to be taken to protect existing trees and shrubs; and,

v) the arrangements to be made for the maintenance of the landscaped areas.

For the avoidance of doubt the scheme of landscaping shall include for increased planting within the temporary car park on the south side of La Route de la Liberation and include details of all hard landscape to include the segregation of cyclists and pedestrians in marked areas; all street furniture; roads and footpaths; areas of hardstanding; areas of public open space; flood protection measures; and, car park ramps.

To ensure that before development proceeds provision is made for a landscaping regime that will enhance the appearance of the development and help to assimilate it into the landscape and to deliver a high quality development in accordance with Policies SP7, BE2 and GD7 of the Jersey Island Plan 2013.

2. All planting and other operations comprised in the landscape scheme hereby approved shall be carried out and completed prior to first occupation of any element of the development.

To ensure the benefits of the landscape scheme are not delayed, in the interests of the amenities of the area and to deliver a high quality development in accordance with Policies SP7, BE2 and GD7 of the Jersey Island Plan 2013.

3. Prior to the commencement of development, a report setting out the arrangements for the management of the landscaped areas shall be submitted to and approved by the Minister for Planning and Environment, and that that any trees or plant(s) planted in accordance with the approved landscape scheme, which within a period of five years from the planting taking place; die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season, unless the Minister for Planning and Environment gives written consent for a variation of the scheme.

To mitigate against the potential failure of trees and plants, and the extent to which that might threaten the success of the approved landscape scheme and to deliver a high quality development in accordance with Policies SP7, BE2 and GD7 of the Jersey Island Plan 2013.

4. Prior to the commencement of development, a report setting out the arrangements for maintaining free and unrestricted public access to the landscaped areas shall be submitted to and approved in writing by the Minister for Planning and Environment, to be implemented in full prior to first occupation, and maintained in perpetuity thereafter.

To deliver a high quality development in accordance with Policies SP, BE2 and GD7 of the Jersey Island Plan 2013.

5. No development shall take place until a scheme of foul drainage and surface water drainage (to include flow rates, and to cover the surface drainage of the relocated surface car park) has been submitted to and approved by the Minister for Planning and Environment. The approved scheme shall be completed before the development is first brought into use.

To ensure satisfactory drainage arrangements in accordance with Policy GD2 and BE2 of the Jersey Island Plan 2011.

6. Notwithstanding the information on the approved plans, prior to the commencement of development, full details including manufacturers specification and the proposed location of petrol interceptors for the temporary car park shall be submitted to and approved in writing by the Minister for Planning and Environment to be thereafter implemented in full prior to first occupation of any element of the application site, and maintained in perpetuity thereafter.

To ensure satisfactory drainage arrangements in accordance with Policy GD2 of the Jersey Island Plan 2011 and in the interests of preventing contamination, in accordance with Policy GD6, BE2 and NR1 of the Jersey Island Plan 2011.

7. Notwithstanding the information on the approved plans, prior to the commencement of development, full details of permeable paving / SUDS to be applied to all hard surfaced areas shall be submitted to and approved in writing by the Minister for Planning and Environment to be thereafter implemented in full prior to first occupation of any element of the application site, and maintained in perpetuity thereafter.

To ensure satisfactory drainage arrangements in accordance with Policy GD2, GD2 and LWM2 of the Jersey Island Plan 2011

8. Prior to the development commencing a full BREEAM pre-assessment demonstrating that 'BREEAM Excellent' can be met by the development must be submitted to and approved in writing by the Minister for Planning and Environment. The pre-assessment must be drawn up by an appropriately qualified assessor. The development must then be carried out in accordance with the details specified in the approved assessment. Within six months of the first occupation of the building a post construction review shall be submitted - again drawn up by an appropriately qualified assessor - demonstrating that 'BREEAM Excellent' has been achieved.

In the interests of sustainable development and energy efficiency, in accordance with Policy SP2 and BE2 of the Jersey Island Plan 2011.

9. Prior to the occupation of the development hereby permitted, details shall be submitted to and approved by the Minister for Planning and Environment, implemented and thereafter maintained, of a Green Travel Plan covering the management of travel movements to and from the site. The Methodology for the Green Travel Plan shall cover a period of at least 10-years and shall first have been agreed with the Minister for Planning and Environment, and shall include provision for charging points for electric cars and electric cycles, and the provision of electric vehicles for the operational use of tenants. No office accommodation shall be occupied until a Travel Plan coordinator has been appointed and their details forwarded to the Minister for Planning and Environment.

In the interests of promoting sustainable patterns of development, and to accord with Policies TT9, BE2 and SP6 of the Jersey Island Plan 2011.

10. Notwithstanding the information on the approved plans, prior to the commencement of development, full details including manufacturers specification of the proposed air source heat pumps shall be submitted to and approved in writing by the Minister for Planning and Environment to be thereafter implemented in full prior to first occupation of any element of the application site, and maintained in perpetuity thereafter.

To ensure satisfactory drainage arrangements in accordance with Policy GD2 of the Jersey Island Plan 2011 and in the interests of delivering renewable energy in accordance with Policy NR7 and BE2 of the Jersey Island Plan 2011.

________________________

11. Prior to the commencement of the development hereby permitted, details shall be submitted to and approved by the Minister for Planning and Environment, implemented and thereafter maintained, of a Skills and Training Plan, to support the development and training needs of Island residents. The Methodology for the Skills and Training Plan shall first have been agreed with the Minister for Planning and Environment.

In the interests of promoting sustainable patterns of development and supporting economic growth and diversification, and to accord with Policy GD1, BE2 and SP5 of the Jersey Island Plan 2011.

12. A Percentage for Art contribution must be delivered in accordance with the Percentage for Art Statement submitted to, and approved by, the Minister for Planning and Environment. The approved work of art must be installed prior to the first use/occupation of any part of the development hereby approved.

To accord with the provisions of Policy GD8 and BE2 of the Jersey Island Plan 2011.

13. Prior to the commencement of the development hereby permitted, full details of the provisions and arrangements to be made for the storage, sorting, recycling, collection and disposal of operational office refuse must be submitted to and approved in writing by the Minister for Planning and Environment to be thereafter implemented prior to first occupation and maintained in perpetuity.

To ensure that waste and refuse is stored and disposed of without harming the amenities of the occupiers of neighbouring properties or the surrounding area, in accordance with Policy GD1 and BE2 of the Island Plan, 2011.

14. Notwithstanding the information on the approved plans, prior to the commencement of development, full details of the relocated public recycling facilities currently at the Esplanade car park shall be submitted to and approved in writing by the Minister for Planning and Environment to be thereafter made available in full prior to first occupation of any element of the application site, and maintained in perpetuity thereafter.

For the avoidance of doubt and in the interests of providing adequate recycling facilities in accordance with Policy WM5 and BE2 of the Jersey Island Plan 2011.

15. Notwithstanding the information on the approved plans, prior to the commencement of development, full details of the proposed off-street servicing, including designated parking bays, shall be submitted to and approved in writing by the Minister for Planning and Environment to be thereafter made available in full prior to first occupation of any element of the application site, and maintained in perpetuity thereafter.

In the interests of providing adequate service infrastructure, in accordance with Policy GD2 and BE2 of the Jersey Island Plan 2011.

16. Notwithstanding the indications on the approved plans, prior to the commencement of the development hereby permitted, full details of all external materials to be used to construct the development shall be submitted to and approved in writing by the Minister for Planning and Environment to be thereafter implemented prior to first occupation and maintained in perpetuity.

To ensure a high quality of design and in accordance with Policies SP7, BE2 and GD7 of the Jersey Island Plan 2011.

17. Prior to commencement of the development hereby permitted, details shall be submitted to and approved by the Minister for Planning and Environment, implemented and thereafter maintained, setting out the arrangements for Waste Management in relation to the proposed excavation. Following completion of the excavation, and prior to commencement of construction, a Waste Management Completion Report shall be submitted to the Minister for Planning and Environment.

In the interests of securing waste minimisation, and to accord with Policy WM1 and BE2 of the Jersey Island Plan 2011.

18. Prior to the commencement of development a Construction Environmental Management Plan shall be submitted to and agreed in writing by the Minister for Planning and Environment which shall thereafter be implemented in full until the completion of the development. The Plan shall include an implementation programme of mitigation measures to minimise any adverse effects of the proposal, and shall include:

A. A demonstration of best practice in relation to noise and vibration control; and control of dust and emissions;

B. Details of a publicised complaints procedure, including office hours and out-of-hours contact numbers;

C. Specified hours of working (to include that work resulting in noise being heard outside the application boundary occurs only between 8am and 6pm Monday to Friday, and 8am to 1pm on Saturdays, with no noisy working outside these times, and no noisy work on Bank or Public Holidays);

D. Details of any proposed crushing / sorting of waste material on site;

E. Details of the proposed management of traffic and pedestrians (to include for vehicle wheel washing);

F. Measures taken to detect and manage any asbestos;

G. Proposed piling methods;

H. Any arrangements for dewatering.

In the interests of protecting the amenities of the area to accord with Policy GD1 and BE2 of the Jersey Island Plan 2011 and in the interests of preventing contamination, in accordance with Policy GD6, BE2 and NR1 of the Jersey Island Plan 2011.

19. Unless otherwise agreed in writing by the Minister for Planning and Environment, prior to first occupation of the development hereby permitted the visibility lines must be provided for 50m at a point 2.4m back from the entrance to the basement car park. Everything within the visibility sight lines, including gates, walls, railings and plant growth is to be permanently restricted in height to 900mm above road level. Any vehicle barrier or control point must be a minimum of 8m from the roadside kerb edge and prior to the commencement of development details of any traffic light control system should be submitted to and agreed in writing by the Minister for Planning and Environment to be implemented prior to first occupation and maintained in perpetuity thereafter.

In the interests of delivering suitable vehicle infrastructure, in accordance with Policy GD1 and BE2 of the Jersey Island Plan 2011.

20. Prior to the commencement of development a scheme of external lighting shall be submitted to and approved in writing by the Minister for Planning and Environment, to be implemented in full prior to first occupation and retained in perpetuity thereafter. Unless otherwise agreed in writing by the Minister for Planning and Environment all external lighting must be erected and directed in accordance with the Institution of Lighting Engineers Guidance Notes for the Reduction of Light Pollution 1994 (revised).

In the interests of the amenities of the area and in accordance with the requirements of Policy GD1 and BE2 of the Jersey Island Plan 2011.

21. Prior to the commencement of development details of the CCTV installations shall be submitted to and approved in writing by the Minister for Planning and Environment, to be implemented in full prior to first occupation and retained in perpetuity thereafter.

In the interests of the amenities of the area and in accordance with the requirements of Policy GD1 and BE2 of the Jersey Island Plan 2011.

22. Prior to the occupation of the development, a Flood Risk Assessment as applicable to the application site shall be submitted to and approved by the Minister for Planning and Environment, with any recommendations implemented prior to first occupation and thereafter maintained in perpetuity. The Methodology for the Flood Risk Assessment shall first have been agreed with the Minister for Planning and Environment.

In the interests of ensuring adequate service infrastructure in accordance with the requirements of Policy GD1 and BE2 of the Jersey Island Plan 2011

23. Prior to the occupation of the development, a scheme for Air Quality Monitoring during the construction phase shall be submitted to and approved by the Minister for Planning and Environment, to be thereafter maintained until first occupation. The Methodology for the Air Quality Monitoring shall first have been agreed with the Minister for Planning and Environment, and shall include provision for remedial actions in the event that air quality drops below reasonable levels to be agreed in advance with the Minister for Planning and Environment.

In the interests of ensuring adequate air quality in accordance with Policy NR3 and BE2 of the Jersey Island Plan 2011.

24. Prior to commencement of the development hereby permitted, a programme of recording and analysis of the elements of the sea wall to be removed, to the terms of a brief to be supplied by the Department, shall be submitted to and approved by the Minister for Planning and Environment, to be thereafter implemented.

In the interests of the historic environment in accordance with Policy HE1 and BE2 of the Jersey Island Plan 2011.

25. Prior to the commencement of any work on site which shall affect the sea wall, a Method Statement shall be submitted to and approved in writing by the Minister for Planning and Environment itemising the procedures to be followed for works to the sea wall, including the elements of the wall which are to be relocated. All the specified works are to be undertaken prior to further occupation of any element of the development and are to be maintained in perpetuity thereafter.

In the interests of the historic environment in accordance with Policy HE1 and BE2 of the Jersey Island Plan 2011.

26. Unless otherwise agreed in writing by the Minister for Planning and Environment, the replacement car parking on the south side of La Route de la Liberation shall be surfaced, demarcated, drained, accessible and in all other regards operational, prior to the loss of any car parking spaces within the existing Esplanade car park. The replacement car parking is approved on temporary basis only, to ensure a balance of 525 public spaces is maintained across the two sites. The temporary car parking shall cease to operate when 525 spaces have been re-introduced to the Esplanade site. At all times the number of operational spaces across the two sites shall comprise 525 public car spaces and 100 public motorcycle spaces (excluding the basement provision in the subject building). The replacement car parking shall be made available for general public users on the same terms (in relation to charging mechanisms, length of stay and operating hours) as the existing Esplanade car park.

In the interests of securing adequate car parking provision, in accordance with Policy TT10 and BE2 of the Jersey Island Plan 2011.

27. Prior to the commencement of development drawings shall be submitted to and approved in writing by the Minister for Planning and Environment to show the location of public parking facilities for 20 additional bicycles, with that provision being implemented prior to first occupation and maintained in perpetuity thereafter.

In the interests of securing adequate bicycle parking provision, in accordance with Policy TT4 and BE2 of the Jersey Island Plan 2011.

28. Prior to the commencement of development a technical note shall be provided to and approved in writing by the Minister for Planning and Environment to model the capacity of the junction of Castle Street and the Esplanade. Until such a time as that information has been provided, the details of the junction (including the potential for a slip lane between Castle Street and the Esplanade and the consequential alterations to the landscape scheme), are reserved for future consideration by the Minister for Planning and Environment. The Methodology for the technical note shall first have been agreed with the Minister for Planning and Environment.

In the interests of securing adequate access and service infrastructure in accordance with Policy GD1 and BE2 of the Jersey Island Plan 2011.

29. Prior to the commencement of development a detailed drawing (at no less than 1:20 scale) to show the entrance to the temporary car park at the junction of La Rue de L’Etau, specifically the geometry necessary to facilitate exit in both an easterly and westerly direction, shall be submitted to and approved in writing by the Minister for Planning and Environment to be thereafter implemented prior to first use and maintained in perpetuity.

In the interests of securing adequate access and service infrastructure in accordance with Policy GD1 and BE2 of the Jersey Island Plan 2011.

30. Prior to the commencement of development the levels of potential contaminants in the ground shall be investigated and any risks to human health or the wider environment assessed and mitigated, to the satisfaction of and in accordance with the requirements of Supplementary Planning Guidance Planning Advice Note 2 – Development of Potentially Contaminated Land. This will include: Phase 2 work to provide up-to-date site investigations and shall include ground conditions, soil, gas and groundwater data; and Phase 3 Remediation and / or Risk Management, with Completion Report and Certificate to be issued prior to first occupation of any element. Where required by the Minister, the completion report shall also include a plan for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action and for the reporting of this to the Minister. For the avoidance of doubt the scope of all work must being agreed in writing in advance with the Minister for Planning and Environment and shall also include the site of the temporary car park.

To ensure the development does not have an unreasonable impact on public health or the wider environment and to accord with Policy GD1, BE2, and GD6 of the Jersey Island Plan 2011.

31. Notwithstanding the conclusions reached within site investigation work, should any contamination be found during the course of development hereby approved, work shall cease and the Minister for Planning and Environment contacted immediately.

To ensure the development does not have an unreasonable impact on public health or the wider environment and to accord with Policy GD1, BE2, and GD6 of the Jersey Island Plan 2011.

32. Prior to the commencement of development a Hydro-Geological Model shall be prepared for the site to fully understand the implications of the development on groundwater conditions. No development shall take place until details of this and any mitigation measures have been submitted to and approved by the Minister as part of a detailed application, with the mitigation measures to be implemented prior to first occupation and maintained in perpetuity thereafter. For the avoidance of doubt the scope of all work must being agreed in writing in advance with the Minister for Planning and Environment

To ensure any long term impact of the scheme on groundwater conditions is clearly understood and any mitigation measures identified and to accord with Policy GD1, BE2, NR1 and GD6 of the Jersey Island Plan 2011.

33. On the conclusion of all detailed site investigations, the groundwater quality data and a groundwater quality change model shall be submitted to the Minister for Planning and Environment, and prior to the commencement of any development a programme of groundwater analysis and sampling shall be submitted to and agreed in writing by the Minister for Planning and Environment for whole construction phase. For the avoidance of doubt the applicant shall fund and allow reasonable independent audit water sampling on site by the Minister for Planning and Environment whenever the Minister deems this to be appropriate.

34. Prior to the commencement of development a Phasing Plan shall be submitted to and agreed in writing by the Minister for Planning and Environment. That Phasing Plan shall include details of the timetable for the delivery of the wider Esplanade Quarter works beyond Phase 1 (the Jersey International Finance Centre) to include the sinking of La Route de la Liberation and the balance of the works in the approved Masterplan for the Esplanade Quarter (as Amended).

To ensure compliance with Policy BE2 of the Jersey Island Plan 2011.

3.7 THE CONNÉTABLE OF ST. JOHN TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE MAINTENANCE AND RUNNING COSTS OF THE FUME EXTRACTION EQUIPMENT OF THE PROPOSED WATERFRONT SUNKEN ROAD:

Question

With regard to the proposed sunken road at the Esplanade Quarter, would the Minister advise whether the annual maintenance and running cost of the fume extraction equipment is budgeted for within the suggested £500,000 annual spend (at 2008 figures), and would he further advise whether the fumes will be filtered before release into the atmosphere and, if so, the annual cost of this process?

Would the Minister advise precisely where and at what height the fumes/vent stacks will be released?

Answer

As part of the Esplanade Quarter Masterplan commissioned by the then Minister for Planning and Environment, Transport and Technical Services (TTS) advised on the feasibility and appropriateness of their proposed changes to the existing road network.

These changes included the diverting of a section of the East/West road into a tunnel, to allow unhindered development above. TTS determined that the proposals were feasible and Hopkins Architects (the Masterplan Architect for the Esplanade Quarter on behalf of the then Minister for Planning and Environment) subsequently included these proposals in the Esplanade Quarter Masterplan which was approved by the States in June 2008.

Whilst significant and detailed work was carried out on the feasibility of the tunnel and alterations to the existing road network, the detailed planning application for the below ground works was not determined by the Minister for Planning and Environment. The outline application however for both the below and above ground works was approved in July 2010.

An indicative estimate of £500,000 per year was put forward at the time for the overall tunnel maintenance, which would have included the running and maintenance costs of the extract system. No detailed design was finalised nor approved for the extract system, but it was conditioned to meet the appropriate air quality standards. The indicative design was based on the tunnels being vented via the East and West portals with the aid of forced ventilation in the tunnel negating the need for extract vents on the surface. This matter was addressed by a condition on the outline approval which required full details of all mechanical works in relation to ventilation to be submitted and approved as part of any detailed application.

The States of Jersey Development Company (SoJDC) will be delivering the Esplanade Quarter Masterplan in a number of phases. The first phase of the development will deliver the majority of the office content of the Masterplan and the lowering of La Route de la Liberation will not feature in this phase (this will form part of Phase 2). When Phase 2 is in the detailed design stage, the detail of the tunnel venting will be determined as will the annual running costs of the tunnel.

3.8 DEPUTY R.G. LE HÉRISSIER TO THE CHAIRMAN OF PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE PROGRESS MADE BY THE MACHINERY OF GOVERNMENT PANEL AND THE SUBMISSION OF ITS FINAL REPORT:

Question

What progress, if any, has the Machinery of Government Review Sub Committee made since submitting its interim report and when will the final report be submitted?

Answer

PPC essentially agrees with its Machinery of Government Review Sub Committee that a States debate on the Electoral Commission’s final report and the outcome of the subsequent referendum is needed in early course. The outcome of that debate will set the context for further work on the machinery of government. With the foregoing in mind, PPC has now lodged ‘au Greffe’ the draft States of Jersey (Amendment No.7) Law 201-.

In the intervening period, the Committee has received constructive comments on the interim report (R.39/2013) from the Council of Ministers and the Chairmen’s Committee. Those responses are to be considered at the Committee’s next scheduled meeting on 13th June. It is also anticipated that the Sub-Committee will meet this month to discuss next steps.

3.9 DEPUTY R.G. LE HÉRISSIER TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING HARBOUR MUD BERTH CHARGES:

Question

What have been the percentages and monetary fee rises in each of the last 5 years for Harbour mud berth charges and what rises are predicted for each of the next 2 years?

How are these rises justified?

Answer

At the end of 2009, Port of Jersey made a decision to review the outer harbour mooring dues and replace it with a simpler system based on overall length rather than square metreage.

This decision and justification, which received Ministerial approval was subsequently communicated to and accepted by interested parties, including representatives from Boat Owners Associations, Yacht Clubs and the newly established marine leisure development group. Consultation with and feedback from these interested parties continues and an open two-way communication process is actively encouraged.

Following an extensive UK and French based bench-marking process it was found that our charges were still considerably lower than those in the UK.

The percentage fee increases since 2009 are as follows:

2009 – Fees increase by 3.9%;

2010 – No increase as change of structure based on overall length rather than square metreage;

2011 – Fees increase by 20%;

2012 – Fees increase by 20%;

The proposed fee increase of 20% for 2013 has been deferred and split over 2013 and 2014. This has been approved by the Assistant Minister for Economic Development and communicated to interested parties

As an example, charges for an 6-metre vessel based in St Helier’s Old Harbour, St Aubin or Gorey, increased by £33.50 per year from £206.50 to £240 per year

The fees have contributed to part fund major works programmes to improve conditions and facilities for mariners at numerous harbour sites, administered by Ports of Jersey. These include:

£700k - Dredging work at St Aubin’s Harbour

£1.3m - Repairs to the north and south arm of St Aubin’s Harbour

£72k - New crane at St Aubin

£700k - New pontoons at La Collette Yacht basin

£146k - Improvements to mud moorings at South Pier, St Helier

£50k - Replacement of chains and mooring buoys at Gorey Harbour

Forthcoming works to be carried out include:

£3m - Repairs to the Pier at Gorey Harbour

£36k - Grouting repair work at St Aubin’s Fort

3.10 DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR HOUSING REGARDING THE ESTIMATE OF CURRENT DEMAND FOR SOCIAL RENTAL ACCOMODATION BY SIZE:

Question

In the light of the Jersey Housing Assessment 2013-15, will the Minister estimate what the current demand for social rental accommodation by size is currently, and state what impact the 10 population projections published by the States of Jersey Statistics Unit in September 2012 will have on this demand in the short (2020) and medium (2035) term?

Will he also state the extent to which he expects to be able to meet any of the needs required by these projections over the short and medium term?

Further, in the light of the findings contained in the 2011 census report that there was a propensity for immigrants from Portugal and the EU accession countries to remain in Jersey following the reduction in qualification periods, and that some 90% of these recent arrivals were economically active and concentrated in elementary occupations, will he state what impact, if any, these factors may have on the demand for social rental accommodation?

Answer

The Affordable Housing Gateway month end report for May 2013 confirms that there are currently 1305 active applications on the list for social housing.

Only Bands 1, 2, 3 & 6 from the Gateway (which are the highest priority) should be compared with figures generated from the Housing Departments rental waiting list in the past, and therefore used to indicate true demand. In the absence of significant new supply we have to rely on void turnover within the current housing stock and the number of new applicants presently exceeds the turnover. Demand is likely to keep increasing until a significant supply of new homes is delivered mid 2014 – late 2015 for existing schemes that are in development.

The current requirement in terms of numbers of units need to meet the demands of the waiting list is broken down as follows;

Net Requirement (Bands 1,2,3, & 6 only)

Bed Size	Number
One Bed	305
Two Bed	234
Three Bed	139
Four Bed	31
Five+	1
TOTAL	710

The full month end report for May 2013 is available on the States website.

The Jersey Housing Assessment produced by the Statistic Unit states the potential shortfall (supply minus demand) for social housing over the three year period 2013 to 2015 is 420;

“An overall potential shortfall of more than 400 dwelling units is apparent in social housing. Potential shortfalls were observed for every size of dwelling in this sector; the greatest demand, and potential shortfall, in the social rental sector is for 2-bedroom properties.”

“The largest component of the demand for social housing was from existing households wanting to move into this sector there was also notable demand from concealed households.”

We can see from the current Gateway statistics that the greatest demand continues to be for one and two bedroom properties, it is also important to note a number of larger units that could be released if there was a greater supply of one bedroom properties, particularly for those waiting to downsize.

The concealed demand, which was highlighted by the Statistics Unit in their report, is something that I have raised concern about in the past and is one of the reasons why I brought forward my proposals in P.33/2013. I am committed to making housing more accessible for those that are in need of it, and expect the Strategic Housing Unit to consider the widening of eligibility criteria for social housing once the Island Wide Housing Strategy, already commissioned, is produced. Any widening of the criteria needs to be linked to an increase in supply but we need the strategy before considering that further.

The Jersey Housing Assessment 2013-15 report makes the very interesting point that over the short term (2013-2015) the need for social housing is unaffected by migration levels.

“Although there is also demand from in-migrant households for accommodation in the qualified tenures (primarily from j-category households), the potential shortfalls and surpluses in the owner-occupier, social housing and private rental categories are relatively insensitive to the level of net migration in the short-term.”

Over the short-term period defined by the Deputy's question (to 2020), the Jersey Housing Assessment does not take into account the potential effect of the large number of inward migrants in 2006-2008 (more than 1,000 people each year) who (if they remain in Jersey) will gain residential qualifications in 2016-2018 and may have a potential impact on the demand for social or affordable housing.

Any changes in migration, different to current trends, will no doubt affect the levels of the potential shortfalls or surpluses in qualified and non-qualified accommodation. However, it would be very difficult to predict the effects over the longer term as projections are based on a whole range of criteria.

It would be very difficult to predict the effects of population growth on the need for social housing over the longer term. The need for affordable homes is a complex issue that cannot be explained by changes in the population alone; demand for affordable housing and its sub-tenures is also sensitive to economic fluctuations.

The important thing is that we have put in place the structure necessary to respond to the changing housing requirements of the Island and have the capacity and flexibility to react to changing requirements.

The proposed Housing Company stock development plans are noted in section 5.4 and Appendix B of the Housing Transformation Programme Full Business Case (R.15/2013). The Housing Company plans to deliver a net 434 new social housing units. Additionally, certain Social Housing Trusts may be able to deliver a further 203 new social housing units.

The proposals also include the sale of 300 States social housing units to tenants which removes those tenants from the social sector and creates more home ownership. All the properties sold will be retained as affordable homes in perpetuity. These proposals taken together will allow 637 families to be housed from the Affordable Housing Gateway in addition to the normal vacancies created each year.

The next round of the Housing Needs Survey will provide further enlightenment as to any change in demand for social and affordable housing. In addition, should the Strategic Housing Unit require further homes to be delivered by Social Housing Providers, then these will be delivered as long as appropriate sites are made available.

3.11 DEPUTY G.P. SOUTHERN TO THE MINISTER FOR HOUSING REGARDING WEIGHTED AVERAGE RENT INCREASES:

Question

Does the Minister accept that the figures he presented in his response to a written question on 14th May 2013, show that the weighted average rent increase resulting from the move to 90% of private sector rent levels from the current average of 74% under the Housing Transformation Plan on new tenancies in States social rented housing will be £35.51 per week (21%) and if not why not?

Does he further accept that the average rise for tenants on new tenancies for 2-bed properties will be £49 per week (27%)?

Will he explain to members why he stated in his answer that the policy “would add, on a weighted average, a further £11.89 or 6% on new tenancies”, when the correct figure for the level of rent increases was to be gained by comparison with actual rents (2012) and not with fair rents, as he had given elsewhere in his answer?

Does the Minister accept that in doing so he has misled the States and, if so, will he apologise for having done so?

Answer

As noted in my answer to the Deputy’s question (7639), the Housing Department has, for a number of years, operated a policy of uplifting rents for new tenancies to more appropriate levels following refurbishment. On a weighted average, this adds £23.62 per property per week compared with weighted average rents at 2012 levels. The new 90% of market rents policy will add, on a weighted average, a further £11.89 or 6% to weekly rents on new tenancies.

For 2 bedroom properties, the current rent policy adds a weighted average of £28.84 and the new 90% of market rents policy adds, on a weighted average, a further £20.06 per week.

My answer to the Deputy’s question 7639 clearly laid out the weighted average rent levels at the 2012 levels and compared this to the weighted average rent levels under the current rent policy and the new 90% of market rent policy. I therefore do not accept that I misled the States in any way and indeed my answer clearly laid out the implications at varying rent levels in tabular form.

I also noted in my answer to the Deputy’s question (7639) that considering the impact on the tenant of the average change in rent levels is meaningless. The change in rent for existing tenants moving to new tenancies is dependent on a wide range of circumstances such as where the tenant is moving to and from and for what reason. Furthermore, all tenants on low incomes and receiving Income Support will be fully protected and only those tenants who move are subject to the current and new rent policy.

3.12 DEPUTY J.H. YOUNG OF ST. BRELADE TO THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE PROPOSED DEVELOPMENT OF PART OF THE ESPLANADE CAR PARK:

Question

Following the recent announcement of his decision to approve plans submitted by the States of Jersey Development Company (SOJDC) for the proposed development of part of the Esplanade car for private sector offices, will the Minister advise –

(a) the full details of the mandatory Planning Obligation agreement which he requires of the SOJDC to enter into as a pre-condition of this consent and the conditions which he has attached to such consent;

(b) how the proposed Planning Obligation agreement will ensure that the approved Masterplan for St Helier, including lowering or bridging over the waterfront road to enable St Helier to be reconnected with its waterfront without public cost, is completed within the ten year timescale of the Island Plan which expires in 2021; and,

(c) which conditions are attached to the consent to ensure public car parking is maintained, there is improved safety for the increased pedestrian footfall which will be generated, improvements in the public realm and minimization of the disruption to the public and users of the Waterfront?

Answer

The need for a Planning Obligation Agreement (POA) was identified in the consultation response from TTS Highways and deals with the payment of money (£172,190) as a contribution to transport infrastructure.

This rolls-forward the same approach (index linked) as in the completed POA for the earlier 2010 outline planning application, which included a formula for different land-uses within the wider Esplanade Quarter.

The full response from TTS Highways is available via the Planning section of the States of Jersey website, via the link below, following the “Application documentation” tab.

https://www.mygov.je/Planning/Pages/PlanningApplicationDetail.aspx?s=1&r=P/2012/1141

The conditions to be attached to the development are specified within the Department Report and my Ministerial Decision. Both of these are also available via the website (again, links are below), but for completeness they have been reproduced on the attached document.

Department Report

http://www.gov.je/SiteCollectionDocuments/Planning%20and%20building/M%20MM%202013-04-19%20(A).pdf

Ministerial Decision

http://www.gov.je/Government/PlanningPerformance/Pages/MinisterialDecisions.aspx?docid=f04004e7c573de49d297f2f078db8e7c_MDs

The Planning Obligation Agreement does not relate to the sinking of the road – that was not part of the subject P/2012/1141 application, which was a full application (not reserved matters under the 2010 outline) for a single office building.

The planning system cannot make developments happen. It is permissive, in that it determines the applications as submitted to the Department by developers. Following the determination of a planning application, the Department cannot require development to actually take place – that is a commercial decision for the developer concerned. Neither does the Department deal with the funding of development projects – again these are commercial arrangements for the relevant developer. Therefore, I am not in a position to confirm the timetable, or costs (to the public or otherwise), for the sinking of the road.

That said, I have been extremely conscious of the relationship between this application and the wider Masterplan. I am content that this application is consistent with the Masterplan either as an individual building, or as the first phase of the complete project. You will recall that at the public meeting (where you were in attendance) I sought assurances from the developer on this issue, and in response the Minutes record that “It was considered that once the first permission had been granted, sufficient funds would be generated to provide for the lowering of the road within 10 years, with the second phase of development proposed to commence from 2017, once the first 6 units for which SoJDC would seek consent had been delivered.”

Of course, we all know that delivery is going to be occupier-led and subject to funding – which are matters outside my control. However, you will note that the permission is subject to a condition (34, on the attached list) which I specifically added in my Ministerial Decision requiring a Phasing Plan to set out the timetable for the wider works.

Condition 26 (as set out on the attached list) requires the balance of public car parking to be maintained at 525 car spaces and 100 motorcycle spaces (being the current level of provision) across the both the Esplanade car park and the replacement site to the south of La Route de la Liberation, with the same operational terms across both sites.

The Car Park Strategy Report submitted with the application (and so available via our website) shows that in relation to the replacement car parking arrangements, vehicles and pedestrians would use the existing road infrastructure and established crossing points. I am not aware there were any safety issues raised to the principle of these arrangements and condition 29 (attached) requires large scale details of the access to the replacement car parking site.

Elsewhere, significant elements of public realm works are proposed, both as hard and soft landscaped areas. These are primarily to the south of the proposed building, and around the junction of Esplanade and Castle Street. You will note that condition 18 requires a Construction Environmental Management Plan which includes mechanisms to minimise disruption.