Planning and Building (Fees) (Jersey) Order 2008

Jersey coat of arms

Planning and Building (Fees) (Jersey) Order 2008

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

 

22.550.22

 

Showing the law from 1 January 2024 to Current

 

 



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Planning and Building (Fees) (Jersey) Order 2008

THE MINISTER FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 9(3)(a), 28(3), 34(2)(c), 120 and 124(1) of the Planning and Building (Jersey) Law 2002, orders as follows –

Commencement [see endnotes]

1        Interpretation

(1)     In this Order, unless the context otherwise requires “Law” means the Planning and Building (Jersey) Law 2002.

(2)     In calculating the fees payable under this Order –

(a)     floor area is to be measured by reference to the inside of external walls and is to be taken to include any internal partitions;

(b)     work minor in nature is to be taken to be work that is declared in the application to cost less than £10,000.

2        Fees to accompany an application for planning permission

(1)     Except as provided by paragraph (1A), (2), (3), (5), (6) or (7), where an application for planning permission is made under Article 9 of the Law the fee to accompany the application is the fee calculated in accordance with the table set out in Schedule 1.[1]

(1A)   The aggregate fee for an application for planning permission for more than one item in Schedule 1 shall not exceed £323,067 (including where paragraph (2) applies).[2]

(2)     Where an application for planning permission is made under Article 20 of the Law (application where development already undertaken) the fee payable is double the fee payable under paragraph (1).

(3)     Where an application is made for development which is not permitted under the Planning and Building (General Development) (Jersey) Order 2011 by reason only of the fact that the development is in a place or building that is or forms part of a LBP or a pLBP or is within the curtilage of such a place or building, no fee shall be payable.[3]

(4)     For the purposes of paragraph (3), “LBP” and “pLBP” have the same meaning as in the Planning and Building (General Development) (Jersey) Order 2011.[4]

(5)     Where an application is made for planning permission no fee shall be payable provided that all the following conditions are satisfied –

(a)     the application is made following –

(i)      the refusal of planning permission on an application by or on behalf of the same applicant, or

(ii)      the withdrawal of a planning application by or on behalf of the same applicant;

(b)     the application is made no later than 6 months after the date of the refusal of planning permission on the earlier application or the withdrawal of the earlier application;

(c)     the fee for the earlier application, calculated as set out in accordance with the table in Schedule 1, has been paid in full;

(d)     the application relates to the same site as that to which the earlier application related, or to part of that site, and to no other land except land included solely for the purpose of providing a different means of access to the site;

(e)     the application relates to development of the same character or description as the development to which the earlier application related (and to no other development);

(f)      no previous application has been made by or on behalf of the same applicant in relation to the development described in sub-paragraph (e) that is exempt from the payment of a fee under this paragraph.[5]

(6)     Where an application is for –

(a)     the Minister to grant planning permission in outline only, the fee is 50% of the fee that is calculated in accordance with the table in Schedule 1;

(b)     the Minister to grant planning permission in detail in respect of matters that have been reserved for approval following a grant of permission in outline only, subject to paragraph (6A), the fee is 50% of the fee that is calculated in accordance with the table in Schedule 1.[6]

(6A)   Where, before 1st January 2017, the Minister has granted planning permission in outline only, the fee for an application under paragraph (6)(b) is 75% of the fee that is calculated in accordance with the table in Schedule 1.[7]

(7)     Where an application is made for planning permission for development solely for the purpose of enabling or facilitating access to, or use of, the site by disabled persons, no fee shall be payable.[8]

2A     Fee to accompany an application for the amendment of a condition of planning permission[9]

(1)     Except as provided under paragraph (2), where an application is made under Article 21 of the Law for the removal or variation of a condition of planning permission, the fee payable for each application is £180.40 subject in each case to a maximum fee equivalent to the fee for 6 such applications.[10]

(2)     If an application under Article 21 of the Law relates to the removal or variation of a condition of planning permission –

(a)     granted by a Development Order; or

(b)     specifying that the development to which the permission relates shall be begun before the expiration of a specified period,

no fee is payable.

3        Fee to accompany an application for a completion certificate[11]

Where an application is made under Article 28 of the Law for a certificate stating that a development of land specified in the certificate has been undertaken with and in accordance with planning permission, the fee payable is £266.50.

4        Fees to accompany an application for building permission

(1)     Except as provided by paragraph (2), where an application for building permission is made under Article 34 of the Law the fee to accompany the application is the fee calculated in accordance with the table set out in Schedule 2.

(2)     Where there has been a breach of building controls the fee to accompany an application for building permission under bye-law 16 of the Building Bye-laws (Jersey) 2007 is double the fee payable under paragraph (1).

4A     Fees in respect of appeals[12]

The fee to accompany a notice of appeal under Part 7 of the Law is the fee prescribed in accordance with the table set out in Schedule 3.

5        Waiver or refund of fees and circumstances in which no fee is payable

(1)     The Minister may, in exceptional circumstances, waive or refund all or a part of a fee payable or paid in accordance with this Order.[13]

(2)     No fee is payable, despite any other provision of this Order, to the extent that the fee relates to –

(a)     the installation or repair of a solar panel (including the removal of a solar panel to replace it with another solar panel); or

(b)     the removal of a fossil fuel boiler and its replacement with a non-fossil fuel alternative.[14]

6        Citation

This Order may be cited as the Planning and Building (Fees) (Jersey) Order 2008.

 


Schedule 1[15]

(Article 2)

fees to accompany an APPLICATION for planning permission

Column 1

ITEM

Column 2

DESCRIPTION OF PROPOSED DEVELOPMENT

Column 3

FEE

1

DEVELOPMENT RELATING TO DWELLING, i.e.

(i)      construction of dwelling

(ii)      change of use of all or part of building to a dwelling

(iii)     extension of building which is not a dwelling to create a dwelling

(iv)     extension to an existing dwelling

(v)     extension of a dwelling into an existing building

including, in each case, any necessary associated work

1.1

For an application for planning permission for a development relating to a single dwelling, per square metre or part square metre of floor area created (subject in each case to a minimum fee equivalent to the fee for 10 square metres) –

£6.10

1.2

For an application for planning permission for –

(a)     a development relating to more than one dwelling; or

(b)     a development relating to a single dwelling that is projected to be part of a scheme consisting of more than one dwelling, per square metre or part square metre of floor area created –

£11.17

1.2a

For an application to change the use of a building from more than one dwelling to a single dwelling, per square metre or part square metre of floor area created –

£3.02

1.3

PREFABRICATED PORTABLE DWELLING UNITS

per unit –

£274.10

2

AGRICULTURAL OR HORTICULTURAL BUILDINGS

(i)      construction of agricultural or horticultural building

(ii)      change of use of all or part of building to agricultural or horticultural building

(iii)     extension of building to extend or create agricultural or horticultural building

including, in each case, any necessary associated work

 

per 500 square metres or part thereof of the floor area of the building, part of the building or extension –

 

2a

where the building is a glasshouse or polytunnel –

£280.80

2b

for any other building –

£422.30

3

BUILDINGS NOT CHARGEABLE UNDER ITEMS 1 AND 2, i.e.

(i)      construction of building

(ii)      change of use of all or part of building (subject in each case to a maximum fee equivalent to the fee for 500 square metres)

(iii)     extension of building

including, in each case, any necessary associated work

 

per square metre –

£12.90

4

CHANGE OF USE OF LAND NOT CHARGEABLE UNDER ITEM 1, 2 or 3 –

£423.30

5

EXTRACTION OF MINERALS FROM LAND

 

per acre (2.25 vergées or 0.4 hectare) or part thereof of the site area –

£3,556

6

PLACING OF MOVEABLE STRUCTURE ON LAND –

£280.80

7

CARRYING OUT OF MISCELLANEOUS SMALL WORK

7.1

To install new or alter existing windows or door openings, per window or door opening (subject in each case to a maximum fee equivalent to the fee for 6 windows or doors per building) –

£69.50

7.2

To install, erect or remove a satellite dish, antenna, telecommunication equipment cabinet, wind turbine or similar structure per each such structure (subject in each case to a maximum fee equivalent to the fee for 6 such structures) –

£69.50

7.3

To erect or remove a sign or advertisement, per each sign or advertisement (subject in each case to a maximum fee equivalent to the fee for 6 signs or advertisements) –

£69.50

7.4

To erect or remove a flagpole, telephone box, air conditioning unit, flue, chimney or similar structure, per each such structure (subject in each case to a maximum fee equivalent to the fee for 6 such structures) –

£69.50

7.5

To erect or remove a wall, fence, awning, canopy or similar structure, per each such structure (subject in each case to a maximum fee equivalent to the fee for 6 such structures) –

£69.50

7.6

To provide, remove or materially alter a tank used to store liquid or gaseous fuel –

£69.50

7.7

To construct or remove an unenclosed swimming pool including any decking, hard standing or both –

£280.80

7.8

To construct or remove decking or hard standing or both –

£280.80

7.9

To form or alter a vehicular access –

£280.80

8

ANY ALTERATION OF EXISTING BUILDING THAT ALTERS THE EXTERNAL APPEARANCE OF THE BUILDING WITHOUT CREATING ADDITIONAL FLOOR SPACE AND IS NOT CHARGEABLE UNDER ANY OF ITEMS 1 TO 7

£135.30

9

DEVELOPMENT OF LAND NOT CHARGEABLE UNDER ANY OTHER ITEM

(for example, to construct a reservoir or an outdoor recreational area)

 

per acre (2.25 vergées or 0.4 hectare) or part thereof of the site area –

£423.30

 


Schedule 2[16]

(Article 4)

fees to accompany an APPLICATION for building permission

Column 1

ITEM

Column 2

DESCRIPTION OF BUILDING WORK

Column 3

FEE

1

CREATION OF NEW DWELLING –

(i)      construction of dwelling

(ii)      change of use of all or part of a building to dwelling

and, in either case, any associated works, including the provision of parking facilities

1.1

FLATS –                             for each flat –

£1,025

1.2

DWELLING HOUSES –

1.2(i)

(i)      for each dwelling house with a floor area not exceeding 200 square metres

£1,572

1.2(ii)

(ii)      for each dwelling house with a floor area exceeding 200 square metres

£1,572 plus £7.80 for each square metre or part of a square metre exceeding 200 square metres

1.3

PREFABRICATED PORTABLE DWELLING UNITS – per unit –

£241.90

2

IMPROVEMENT OF DWELLING –

and, in each case, any associated miscellaneous work

2.1

Extension –

2.1a

not exceeding 20 square metres in floor area –

£526.30

2.1b

exceeding 20 square metres in floor area but not exceeding 50 square metres in floor area –

£915

2.1c

exceeding 50 square metres in floor area –

£1,006.50

2.2

Loft conversion –

£602.70

2.3

Erection or extension of a building that is ancillary to a dwelling, where the floor area of the building or extension –

2.3a

does not exceed 20 square metres –

£166.80

2.3b

exceeds 20 square metres but does not exceed 50 square metres –

£353.20

2.3c

exceeds 50 square metres –

£465.30

2.4

Material alteration of a dwelling –

2.4a

where the estimated cost of the work does not exceed £5,000 –

£198.80

2.4b

where the estimated cost of the work exceeds £5,000 but does not exceed £20,000 –

£339.20

2.4c

where the estimated cost of the work exceeds £20,000 but does not exceed £50,000 –

£752

2.4d

where the estimated cost of the work exceeds £50,000 –

£892.70

NOTE 1 Where an application relates to the carrying out of more than one improvement listed in item 2 to a single dwelling, the fee payable under item 2 in respect of the dwelling is the highest of the fees that apply.

NOTE 2 Where an application relates to the carrying out of improvements listed in item 2 to more than one dwelling, the fee payable shall be the aggregate of the fees payable in respect of each dwelling.

3

BUILDING WORKS OR CHANGE OF USE NOT CHARGEABLE UNDER ITEM 1 OR 2 –

including any associated work

3.1

ERECTION OR EXTENSION FOR STORAGE – the erection or extension of a building where the main use is for storage purposes and where the floor area of the building or extension –

3.1a

does not exceed 20 square metres –

£425.30

3.1b

exceeds 20 square metres but does not exceed 50 square metres –

£576

3.1c

exceeds 50 square metres but does not exceed 100 square metres –

£743

3.1d

exceeds 100 square metres but does not exceed 250 square metres –

£1,329

3.1e

exceeds 250 square metres, for each 250 square metres or part thereof –

£1,329

3.2

ERECTION OR EXTENSION FOR OTHER USE – the erection or extension of a building where the main use is for purposes other than storage (including those parts of the building used for car parking and storage that are ancillary to the main use) –

per square metre of floor area of the building or extension –

£16.10

3.3

Material alteration of a non-domestic building, or the provision or alteration of a controlled service in a non-domestic building, where the estimated cost of the work –

3.3a

does not exceed £10,000 –

£258.30

3.3b

exceeds £10,000 but does not exceed £50,000 –

£742

3.3c

exceeds £50,000 but does not exceed £100,000 –

£918

3.3d

exceeds £100,000 –

£1,760.90

3.4

The change of use of a building or part, for any purpose other than the creation of a dwelling –

£822.50

NOTE 1 Where an application relates to a building for mixed use, the fee for any part used as a dwelling shall be calculated in accordance with item 1 and added to the fee payable under item 3.

NOTE 2 Where an application relates to the carrying out of more than one item of work in item 3, the fee payable shall be the aggregate of the fees for each of those items of work.

4

CARRYING OUT OF MISCELLANEOUS WORKS (NOT CHARGEABLE UNDER ANY OTHER ITEM) –

4.1

The erection of a retaining wall –

£489.40

4.2

The provision or material alteration of a drainage system for a dwelling, per dwelling –

£160.40

4.3

The provision or material alteration of other controlled services and fittings not specified in this Schedule for a dwelling, per dwelling –

£117.30

4.4

The carrying out of work to underpin a building –

£489.40

4.5

Work that involves renovation of a thermal element but is not a material alteration –

£58

 

 


Schedule 3[17]

(Article 4A)

fees to accompany a notice of appeal

Column 1

ITEM

Column 2

DESCRIPTION OF APPEAL (AND PROVISION OF LAW UNDER WHICH IT IS MADE)

Column 3

FEE

1

APPEAL AGAINST REFUSAL OR DEEMED REFUSAL OF APPLICATION FOR PLANNING PERMISSION (Article 108(2)(b) and (c))

(including application for permission for development which has already taken place)

1a

 – for major development

£1,901

1b

 – for minor development

£594.50

NOTE: “major development” is defined as:

·        Residential development of 1 unit or above.

·        New non-residential development.

·        Non-residential extensions or structures of more than 250 square metres floor space.

·        Any development of mixed residential and non-residential use.

·        Any change of use of land or buildings.

·        Any installation of wind turbines or telecom masts.

·        Any application requiring an Environmental Impact Assessment.

·        Demolition.

·        Creation of reservoirs or outdoor recreation areas.

·        Works of mineral extraction, earthworks and similar infrastructure projects.

Any development which is not major development is minor development.

2

APPEAL AGAINST GRANT OF PLANNING PERMISSION (Article 108(2)(a))

£594.50

3

APPEAL AGAINST IMPOSITION OF CONDITION OR REFUSAL TO VARY OR REMOVE CONDITION (Article 108(2)(d))

£594.50

4

APPEAL AGAINST A REFUSAL TO GRANT A CERTIFICATE OF COMPLETION (Article 108(2)(f))

£594.50

5

APPEAL AGAINST A REFUSAL TO GRANT PERMISSION UNDER BUILDING BYE-LAWS (Article 108(2)(g))

£594.50

6

APPEAL AGAINST A REFUSAL TO GRANT PERMISSION TO UNDERTAKE OPERATIONS OR MAKE CHANGE OF USE OR UNDERTAKE ACTIVITIES ON, IN OR UNDER A SITE OF SPECIAL INTEREST (Article 108(2)(j) and (k))

£594.50

7

APPEAL AGAINST A REFUSAL TO GRANT PERMISSION FOR THE IMPORTATION OR USE OF A CARAVAN (Article 108(2)(n))

£594.50

8

OTHER APPEALS:

A)      against the revocation or modification of any planning permission (Article 108(2)(e))

B)      against the listing of a building or place, or refusal to remove a building or place from the list (Article 108(2)(h) and (i))

C)      against the listing of a tree or refusal to remove a tree from the list (Article 108(2)(l))

D)      against the service of a notice requiring action including an enforcement notice (Article 109)

£118.30

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Planning and Building (Fees) (Jersey) Order 2008

R&O.33/2008

1 March 2008

Planning and Environment (2009 Fees) (Jersey) Order 2008

R&O.171/2008

1 January 2009

Planning and Environment (2010 Fees) (Jersey) Order 2009

R&O.134/2009

1 January 2010

Planning and Environment (2011 Fees) (Jersey) Order 2011

R&O.46/2011

2 May 2011

Planning and Environment (2011 Fees) (Amendment) (Jersey) Order 2011

R&O.55/2011

28 April 2011

Planning and Environment (2012 Fees) (Jersey) Order 2012

R&O.1/2012

16 January 2012

Planning and Environment (2013 Fees) (Jersey) Order 2012

R&O.164/2012

14 January 2013

 

Planning and Environment (2014 Fees) (Jersey) Order 2013

R&O.164/2013

13 January 2014

 

Planning and Environment (2015 Fees) (Jersey) Order 2014

R&O.197/2014

12 January 2015

 

Planning and Building (Miscellaneous Provisions) (Jersey) Order 2015

R&O.35/2015

19 March 2015

Planning and Environment (Fees) (Jersey) Order 2015

R&O.164/2015

1 January 2016

Planning and Building (Fees) (Amendment) (Jersey) Order 2016

R&O.21/2016

1 March 2016

Environment (2017 Fees) (Jersey) Order 2016

R&O.136/2016

1 January 2017

Planning and Building (Fees) (Amendment No. 2) (Jersey) Order 2016

R&O.137/2016

1 January 2017

Environment (2018 Fees) (Jersey) Order 2017

R&O.136/2017

1 January 2018

Environment (2019 Fees) (Jersey) Order 2018

R&O.137/2018

1 January 2019

Environment (2020 Fees) (Jersey) Order 2019

R&O.151/2019

1 January 2020

Environment (2021 Fees) (Jersey) Order 2020

R&O.185/2020

1 January 2021

Environment (2022 Fees) (Jersey) Order 2021

R&O.169/2021

1 January 2022

Environment (2023 Miscellaneous Fees) (Jersey) Order 2022

R&O.116/2022

1 January 2023

Environment (2024 Miscellaneous Fees) (Jersey) Order 2023

R&O.122/2023

1 January 2024

Table of Renumbered Provisions

Original

Current

6

Spent, omitted

7

6

8

Spent, omitted

Table of Endnote References



[1] Article 2(1)                  amended by R&O.1/2012, R&O.164/2013, R&O.197/2014

[2] Article 2(1A)                inserted by R&O.164/2013, amended by R&O.197/2014, R&O.164/2015, R&O.136/2016, R&O.136/2017, R&O.137/2018, R&O.151/2019, R&O.185/2020, R&O.169/2021, R&O.116/2022, R&O.122/2023

[3] Article 2(3)                  added by R&O.1/2012

[4] Article 2(4)                  added by R&O.1/2012

[5] Article 2(5)                  added by R&O.1/2012

[6] Article 2(6)                  added by R&O.164/2013, amended by R&O.136/2016

[7] Article 2(6A)                inserted by R&O.136/2016

[8] Article 2(7)                  added by R&O.197/2014

[9] Article 2A                    inserted by R&O.136/2016

[10] Article 2A(1)               amended by R&O.136/2017, R&O.137/2018, R&O.151/2019, R&O.185/2020, R&O.169/2021, R&O.116/2022, R&O.122/2023

[11] Article 3                     amended by R&O.171/2008, R&O.134/2009, R&O.46/2011, R&O.1/2012, R&O.197/2014, R&O.35/2015, R&O.164/2015, R&O.136/2016, R&O.137/2016, R&O.137/2018, R&O.151/2019, R&O.185/2020, R&O.169/2021, R&O.116/2022, R&O.122/2023

[12] Article 4A                   inserted by R&O.35/2015

[13] Article 5(1)                 renumbered by R&O.169/2021

[14] Article 5(2)                 inserted by R&O.169/2021

[15] Schedule 1                  amended by R&O.171/2008, R&O.134/2009, R&O.46/2011, R&O.55/2011, R&O.1/2012, R&O.164/2012, R&O.164/2013, R&O.197/2014, R&O.164/2015, R&O.136/2016, R&O.136/2017, R&O.137/2018, R&O.151/2019, R&O.185/2020, R&O.169/2021, R&O.116/2022, R&O.122/2023

[16] Schedule 2                  amended by R&O.171/2008, R&O.134/2009, R&O.46/2011, R&O.1/2012, R&O.164/2012, R&O.164/2013, R&O.197/2014, R&O.164/2015, R&O.136/2016, R&O.137/2017, R&O.137/2018, R&O.151/2019, R&O.185/2020, R&O.169/2021, R&O.116/2022, R&O.122/2023

[17] Schedule 3                  substituted by R&O.21/2016, amended by R&O.137/2016, R&O.136/2017, R&O.137/2018, R&O.151/2019, R&O.185/2020, R&O.169/2021, R&O.116/2022, R&O.122/2023


Page Last Updated: 02 Jan 2024