Planning and
Building (Jersey) Law 2002[1]
A LAW to provide the means to
establish a plan for the sustainable development of land and to control
development in accordance with that plan, to prescribe the functional
requirements of buildings and to provide the means to enforce those
requirements, to provide the means to protect, enhance, conserve and to use
wisely the natural beauties, natural resources and biodiversity of Jersey and
to preserve and improve Jersey’s general amenities, to confer powers to
acquire land for the purposes of the Law, and to make other provisions in
similar respects.
Commencement
[see endnotes]
PART 1
PRELIMINARY
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“advertisement” has the meaning given to that expression
by Article 75(1);
“breach of development controls” has the meaning given
to that expression by Article 39;
“bridging plan” is to be construed in accordance with
Article 3(2)(a);
“building” includes –
(a) a
structure or erection of any material and constructed in any manner;
(b) a
part of a building; and
(c) the
inside of a building including its internal services;
“Building Bye-laws” means Building Bye-laws made by the
Minister in accordance with Article 30;
“building operation” includes –
(a) a
rebuilding operation;
(b) a
structural alteration of a building including its services;
(c) a
structural addition to a building including an addition to its services;
(d) an
operation similar to an operation referred to in sub-paragraph (a), (b) or
(c); and
(e) the demolition
or removal of the whole or any part of a building including its services;
“building permission” means permission to undertake
prescribed building work;
“building work” means work the carrying out of which
amounts to development or a change of use that amounts to development;
“caravan” has the meaning given to that expression by
Article 98;
“Chief Officer” –
(a) means
the person appointed from time to time as the chief executive officer (or
equivalent) of the administration of the States responsible for planning and
building; and
(b) when
referred to in relation to the exercise of any function under this Law,
includes any officer of that administration designated by the Chief Officer as
carrying out that function;
“completion notice” means a notice served in accordance
with Article 26(2);
“condition” includes a limitation, restriction or
requirement;
“condition notice” means a notice served in accordance
with Article 47;
“contravention”, in relation to a condition, limitation,
restriction or requirement, includes –
(a) to
fail to comply with the condition, limitation, restriction or requirement; and
(b) to
cause or permit another person to contravene or to fail to comply with the
condition, limitation, restriction or requirement;
“dangerous building notice” means a notice served in
accordance with Article 66(2);
“develop” has the meaning given to that expression by
Article 5 and “development” shall be construed accordingly;
“Development Order” means an Order made by the Minister
under Article 8(1);
“enforcement notice” means a notice served in accordance
with Article 40(2) and where the notice has been amended in accordance
with Article 42 means the notice as so amended;
“highway authority”, in relation to a road that is
repairable at the expense of the States or a Parish, means –
(a) the
Minister for Infrastructure in relation to a main road;
(b) the
Roads Committee of the Parish in which the road is situated in relation to a
by-road;
“Island Plan” means the Island Plan approved for the
time being by the States;
“land” means a corporeal hereditament, and
includes –
(a) a
building;
(b) land
covered with water including sea water within the outermost limits of the
territorial sea of the Island; and
(c) in
relation to the acquisition of land by the States under Article 119, an
interest in land or water and a servitude or right in, on or over land or
water;
“land condition notice” has the meaning given to that
expression by Article 83(1);
“list”, in respect of a list to be maintained by the
Minister by virtue of this Law, means a list kept in any form determined by the
Minister so long as the contents of the list may be easily retrieved in legible
form;
“List of Sites of Special Interest” has the meaning
given to that expression by Article 50;
“List of Protected Trees” has the meaning given to that
expression by Article 57;
“means of access” includes any means of access, whether
private or public, for vehicles or animals, or for pedestrians;
“Minister” means the Minister for the Environment;
“notice” means written notice;
“owner” includes –
(a) a
usufructuary;
(b) the
husband of a feme covert;
(c) the
guardian of an infant;
(d) a
delegate appointed, under Part 4 of the Capacity and
Self-Determination (Jersey) Law 2016, in relation to a person;
and
(e) any
other legal personal representative of a person;
“Planning Committee” means the body exercising functions
conferred under Article 9A;
“planning obligation” means an obligation entered into
in accordance with Article 25;
“planning permission” means permission to develop land
granted –
(a) by
the Minister by a Development Order or on an application made in accordance
with Article 9;
(b) under
the Island Planning (Jersey) Law 1964; or
(c) under
a Law repealed by that Law;
“prescribed building work” means building work for which
permission is required under the Building Bye-laws;
“register”, in respect of a register to be maintained by
the Minister by virtue of this Law, means a register kept in any form
determined by the Minister so long as the contents of the register may be
easily retrieved in legible form;
“Register of Building Applications” means the register
maintained by the Minister in accordance with Article 38(1);
“Register of Dangerous Building Notices” means the
register maintained by the Minister in accordance with Article 74(1);
“Register of Development Notices” means the register
maintained by the Minister in accordance with Article 49(1);
“Register of Land Condition Notices” means the register
maintained by the Minister in accordance with Article 97(1);
“Register of Planning Applications” means the register
maintained by the Minister in accordance with Article 29(1);
“Register of Planning Obligations” means the register maintained
by the Minister in accordance with Article 25(13);
“road” means a –
(a) road;
(b) bridge;
(c) viaduct;
or
(d) subway,
and includes its carriageway, footpath and any other part of it;
“site notice” means a notice or copy of a notice which
is displayed, or is to be displayed, under any requirement of this Law, on the
land affected by such development, listing, enforcement or other operation as
is specified in the notice;
“stop notice” means a notice served in accordance with
Article 45(2);
“tree” means a tall perennial plant having a permanent
woody or fibrous trunk, a root system and a crown of foliage, or such plant of
a similar nature as the Minister may by Order prescribe, and
includes –
(a) a
single tree of any age, genus, species, cultivar or variety;
(b) a
group of trees;
(c) a
hedgerow.[2]
(2) A reference in this Law
to a person being guilty of an offence includes a person who aids, abets,
counsels or procures the commission of the offence and such a person shall be
liable to be dealt with, tried and punished as a principal offender.
(3) A reference in this Law
to a Chapter of a Part by number only and without further identification is a
reference to the Chapter of that number in that Part.
2 Purposes
of Law
(1) The purpose of this Law
is to conserve, protect and improve Jersey’s natural beauty, natural
resources and general amenities, its character, and its physical and natural
environments.
(2) Accordingly it is the
intention of this Law –
(a) to
ensure that when land is developed the development is in accordance with a
development plan that provides for the orderly, comprehensive and sustainable
development of land in a manner that best serves the interests of the
community;
(b) to
protect sites, buildings, structures, trees and places that have a special
importance or value to Jersey;
(c) to
provide for the orderly management of transport and travel, both on, and from
and to Jersey;
(d) to
ensure that the coast of Jersey is kept in its natural state;
(e) to
control advertisements in Jersey; and
(f) to
impose other necessary controls on the development and use of land in Jersey.
(3) In paragraph (1)
the reference to –
(a) the
natural resources of Jersey includes its biodiversity; and
(b) the
natural environment of Jersey includes the natural environment around Jersey.
(4) It is also the purpose
of this Law to secure the health, safety, welfare and convenience of people in
or about buildings by establishing functional requirements in respect of
buildings and ensuring that buildings comply with those requirements.[3]
PART 2
THE ISLAND PLAN
3 Minister
to prepare a draft Island Plan[4]
(1) The Minister shall
prepare and present to the States for approval a draft Island Plan.[5]
(2) A draft Island Plan
must set out the Minister’s proposed policies in respect of the
development and use of land –
(a) in
the case of a draft Island Plan formulated during the outbreak of Covid-19 or
its aftermath (the “bridging plan”), for a period of up to
3 years beginning with the approval of such a plan by the States; or
(b) in
the case of a draft Island Plan other than the draft bridging plan, for a
period of no more than 10 years following any period for which a previous
Island Plan was approved by the States.[6]
(2A) A draft Island Plan must be
presented to the States in such time that the States may approve it, with or
without amendment –
(a) in
the case of the draft bridging plan, within 3 years of the approval of
that plan by the States or within a reasonable time after the end of that
period; or
(b) in
the case of a draft Island Plan other than the draft bridging plan, within
10 years of such approval or within a reasonable time after the end of
that period.[7]
(2B) But if the end of the period for
which an Island Plan (an “existing Plan”) was approved by the
States occurs before a subsequent Island Plan is so approved, the existing Plan
remains in effect until the date of approval of a subsequent Island Plan.[8]
(2C) A draft Island Plan must be lodged
in accordance with paragraph (3A) (in the case of the draft bridging
plan), Article 4A and such further provision as may be made by Order.[9]
(3) In preparing a draft
Island Plan, the Minister must publicise the Minister’s proposals and
invite representations on those proposals from the public.[10]
(3A) In the case of the draft bridging
plan, the draft bridging plan itself must be lodged for a period of not less
than 12 weeks, and during that period –
(a) the
draft bridging plan must be publicised;
(b) representations
on the Minister’s proposals in the draft bridging plan may be made to the
Minister by the public; and
(c) amendments
to the draft bridging plan may be proposed and lodged by Members of the States
Assembly.[11]
(4) The Minister must by
Order prescribe the manner in which –
(a) the
Minister’s proposals, in the form of a draft Island Plan other than a
draft bridging plan or in the form of the drafting bridging plan itself, are to
be publicised; and
(b) representations
on those proposals from the public are to be made.[12]
(5) Orders may also
prescribe the procedures by which representations by the public, and amendments
to the draft bridging plan lodged by Members of the States Assembly, are to be
heard in public.[13]
(6) In preparing, for
approval by the States, a draft Island Plan or amendments to be proposed by the
Minister to the draft bridging plan, the Minister must consider –
(a) any
representations from the public which the Minister has received; and
(b) in
the case of the draft bridging plan, any amendments lodged by Members of the
States Assembly.[14]
(7) In this Part,
“lodged” means lodged au Greffe.[15]
4 Form
of draft Island Plan[16]
(1) A draft Island Plan
shall be in 2 Parts.[17]
(2) Part 1 shall be a
written statement of the Minister’s policies in respect of the
development and use of land together with a reasoned justification of each of
those policies.
(3) Those policies
must –
(a) further
the purpose referred to in Article 2(1) and the intention referred to in
Article 2(2); and
(b) in so
doing, designate land for particular development or use.
(4) That designation may
include designating land to be used to provide residential accommodation,
whether it be accommodation for renting or accommodation for purchase, for
persons who would otherwise have financial difficulties renting or acquiring
residential accommodation in the general market for residential accommodation
prevailing in Jersey.
(5) Part 2 of a draft
Island Plan shall consist of –
(a) a map
or maps that illustrate the Minister’s proposals for the development or
use of land on a geographical basis; and
(b) such additional
diagrams, illustrations and other descriptive explanatory matter as the
Minister considers necessary to explain and illustrate the Minister’s
proposals.[18]
4A Procedure
for and following lodging of draft Island Plan[19]
(1) A draft Island Plan
cannot be debated by the States unless it has been lodged for a minimum period
of 12 weeks.
(2) An amendment to a draft
Island Plan cannot be debated by the States –
(a) in
the case of an amendment to the draft bridging plan, unless it has been lodged
during –
(i) the
period of 12 weeks mentioned in Article 3(3A), or
(ii) such
further period, ending not less than 5 weeks before the debate, as may be
prescribed by Order; or
(b) in
the case of an amendment to a draft Island Plan other than the draft bridging
plan, unless it has been lodged for a minimum period of 8 weeks.[20]
(3) An amendment to an
amendment to a draft Island Plan cannot be debated by the States –
(a) in
the case of an amendment to an amendment to the draft bridging plan, unless it
has been lodged during –
(i) the
period of 12 weeks mentioned in Article 3(3A), or
(ii) such
further period, ending not less than 4 weeks before the debate, as may be
prescribed by Order;
(b) in
the case of an amendment to an amendment to a draft Island Plan other than the draft
bridging plan, unless it has been lodged for a minimum period of 6 weeks.[21]
(3A) An amendment by the Minister to the
Minister’s proposals in the draft bridging plan cannot be debated by the
States unless it has been –
(a) made
in accordance with such further provision on the procedure for the draft
bridging plan as may be made by Order; and
(b) lodged
for a minimum period of 2 weeks.[22]
(4) But paragraph (2),
(3) or (3A), as the case may be, does not apply if the States agree that an
amendment lodged by the Minister may be debated forthwith or on a day or at a
time approved by the States.[23]
(5) [24]
(6) [25]
(7) [26]
PART 3
PLANNING CONTROL
Chapter 1 - Develop defined
5 Meaning
of “develop”, commencement of development, etc.[27]
(1) Except as provided by
paragraph (5), in this Law “develop”, in respect of land,
means –
(a) to
undertake a building, engineering, mining or other operation in, on, over or
under the land;
(b) to
make a material change in the use of the land or a building on the land.
(2) Without prejudice to
the generality of paragraph (1), “develop”, in respect of
land, includes –
(a) to
demolish or remove the whole or any part of a building on the land;
(b) to
create a new means of access to the land from a road;
(c) to
enlarge an existing means of access to the land from a road;
(d) to
remove a hedgerow or banque or other physical feature defining a boundary of
the land or of any part of it;
(e) to
use a building on the land previously used as a single dwelling-house as 2 or
more separate dwelling-houses;
(f) to
use 2 or more premises on the land (whether they are in separate buildings or
are parts of the same building) previously used as separate dwelling-houses as
a single dwelling-house;
(g) to
use a building or part of a building on the land previously used as a
dwelling-house for short term holiday lettings;
(h) to
create a time sharing scheme in respect of a building on the land, being a
scheme whereby a person is granted a right entitling the person to occupy the
building or a part of it for a specified period each year while the right
subsists;
(i) to
display an advertisement on a part of a building on the land not normally used
for that purpose;
(j) to
deposit refuse or waste material on the land except to the extent set out in
paragraph (3).
(3) Unless paragraph (4)
applies, the deposit of refuse or waste material on land already lawfully used
for that purpose is not development of that land unless the deposit of that
refuse or waste material means that –
(a) the
height of the refuse or waste material on the land exceeds the level of the
adjoining land; or
(b) the
superficial area of the land covered by the refuse or waste material deposited
on it is extended.
(4) The deposit of refuse
or waste material on land lawfully used for that purpose becomes development of
that land if the Chief Officer serves notice on the owner of the land declaring
that any further use of the land for the deposit of refuse or waste material
will constitute development of the land for the purposes of this Law.[28]
(5) In this Law
“develop” does not include –
(a) an
operation carried out within the boundaries of a road by the highway authority
to maintain or improve the road; or
(b) an
operation carried out by a public or parochial authority to lay, place,
inspect, repair or renew a sewer, a main, an underground line or cable, or any
other underground apparatus.
(6) In this Law, a
reference to development being begun is a reference –
(a) if
the development consists of the carrying out of an operation, to the time when
any material operation comprised in the development begins to be carried out;
(b) if
the development consists of a material change of use, to the time when the new
use is instituted;
(c) if
the development consists both of the carrying out of operations and of a change
of use, to the earlier of the times mentioned in sub-paragraphs (a) and
(b).[29]
(7) For the purposes of
paragraph (6)(a), in relation to a building operation, “material
operation” includes –
(a) any
work of construction in the course of the erection of a building;
(b) any
work of demolition of a building;
(c) the
digging of a trench which is to contain the foundations or part of the
foundations of a building;
(d) the
laying of an underground main or pipe to the foundations, or part of the
foundations, of a building or to a trench such as mentioned in sub-paragraph (c);
or
(e) any
change in the use of land which constitutes material development, and for this
purpose “material development” means any development other
than –
(i) development for
which planning permission is granted by a development order and which is
carried out so as to comply with any condition or limitation subject to which
the permission is granted, or
(ii) development
of a class prescribed by the Minister by Order for the purposes of this
provision.[30]
Chapter
2 - Guidelines
6 Minister
may publish guidelines, etc.
(1) The Minister may
publish guidelines and policies in respect of –
(a) development
generally;
(b) any
class of development;
(c) the
development of any area of land; or
(d) the
development of a specified site.
(2) Before doing so the
Minister shall consult any Minister or statutory authority with an interest in
the development.
(3) The Minister shall take
into account when considering an application for permission to develop land the
extent to which the proposed development complies with any relevant guidelines
and other policies he or she has published.
(4) In publishing
guidelines and policies under paragraph (1)(c), the Minister –
(a) may
designate a particular area or type of area as an area of archaeological
potential; and
(b) may
impose restrictions on development within such an area (whether by reference to
a particular area or to a type of development, or otherwise).[31]
Chapter
3 - Application of planning controls
7 Land
not to be developed without permission
(1) A person who develops
land except with, and in accordance with, planning permission shall be guilty
of an offence and liable to a fine.[32]
(2) A person shall be
guilty of an offence under paragraph (1) if when undertaking development
the person contravenes any condition subject to which planning permission for
the development was granted.
(3) In determining the
amount of any fine to be imposed on a person convicted of an offence under this
Article, the court shall in particular have regard to any financial benefit
which has accrued or appears likely to accrue or could have accrued to the
person in consequence of the offence.
(4) A person may be
convicted of an offence under this Article despite the fact that –
(a) an enforcement
notice or a condition notice has been served in respect of the breach of
development controls; and
(b) every
step required by the notice to be taken has been taken.
8 Development
Orders
(1) The Minister may by
Order (a “Development Order”) grant planning permission in respect
of a class or classes of development specified in the Order.
(2) A Development Order
shall not be used to grant planning permission for development that would be
inconsistent with the Island Plan.
(3) A Development Order may
be made either –
(a) as a
General Development Order applicable to all land in Jersey, except so far as
the Order otherwise provides; or
(b) as a
Special Development Order applicable only to such land or description of land
as is specified in the Order.
(4) Planning permission
granted by a Development Order may be granted unconditionally or subject to
conditions specified in the Order.
(5) If planning permission
is granted by a Development Order to erect, extend or alter a class of
buildings specified in the Order the Order may require that the approval of the
Minister shall first be obtained with respect to the design or external
appearance of those buildings.
(6) A Development Order may
enable the Minister to direct that planning permission for a class of
development specified in the Order shall not apply –
(a) in a
particular area of Jersey;
(b) in
respect of a specified class of building or land; or
(c) to a
specified development site.
(7) A Development Order may
make different provisions with respect to different descriptions of land or
different areas of the Island (including different areas, or parts of areas, of
land of the same description).[33]
(8) If part of the
development of land is approved by a Development Order and part on an
application made to the Minister, the Minister may on granting the latter
consent cancel or modify the planning permission granted by the Development
Order.
9 Applications for planning
permission not granted by a Development Order[34]
(1) A person who requires
planning permission not granted by a Development Order must apply to the Chief
Officer for it.[35]
(2) The application must –
(a) be in
the required form; and
(b) contain
or be accompanied by –
(i) such particulars
as may reasonably be required to determine the application, and
(ii) the
matters mentioned in paragraph (3).[36]
(3) The application must be
accompanied by –
(a) the
prescribed fee; and
(b) if
the applicant is not the owner of the land to be developed, a certificate by
the owner of the land certifying that the owner approves the application being
made.
(4) Where –
(a) paragraph (3)(b)
applies in respect of a proposed application; and
(b) the
owner of the land refuses or is unable, for any reason, to certify his or her
approval of the application being made,
the application may nevertheless be accepted for consideration if
the Minister is satisfied that to do so would be in the public interest.[37]
(5) Following receipt of an
application duly made under this Article, the Chief Officer may –
(a) determine
the application; or
(b) refer
the application to the Planning Committee for determination by that Committee.[38]
(6) The Chief Officer or,
as the case may be, the Committee may require the applicant to provide such
further particulars as may reasonably be required to determine the application.[39]
(7) If the applicant fails
to provide those particulars within a reasonable time, the application may be
refused and upon such a refusal no obligation to refund the prescribed fee
shall arise.[40]
9A Role
of Planning Committee[41]
(1) Functions under any of
the provisions listed in paragraph (2) may be carried out wholly or partly
by a Planning Committee established in accordance with standing orders under
Article 48(1) of the States of Jersey Law 2005.[42]
(1A) Functions shall be allocated to the
Planning Committee by agreement between the Chief Officer and that Committee,
and in default of such agreement, the Minister shall determine which functions
shall be so allocated.[43]
(2) The provisions
mentioned in paragraph (1) are –
(a) in
Part 3, Articles 19 to 23, 26 and 27;
(b) in
Part 5, Articles 40, 42 and 45; and
(c) Orders
made under Articles 76 and 81.
(3) A Planning Committee
holding a meeting for the purpose of carrying out any of its functions under
this Article shall –
(a) permit
members of the public to attend the meeting; and
(b) cause
to be published in the Jersey Gazette, at least 5 days prior to the date
of any such meeting, a notice inviting the public to attend and
specifying –
(i) the date of the
meeting and the time and place at which it is to be held, and
(ii) the
applications for planning permission or (as the case may be) decisions to be
considered at the meeting.[44]
(4) Subject to paragraph (3),
the Minister may by Order prescribe procedures to be followed by the Planning
Committee under this Law.[45]
(5) Except as otherwise
provided by or under this Article, the Planning Committee shall determine its
own procedure.[46]
(6) The Planning Committee
shall, within the period of 3 months following the end of a year, report
to the States –
(a) the
number of decisions made by the Committee under this Law during that year;
(b) the
number of appeals made during that year against decisions made by the Committee
under this Law;
(c) the
Committee’s assessment of planning policy and any recommendations it has
for its revision.[47]
(7) Where, under paragraph (6)(c),
the Planning Committee makes recommendations about planning policy, the
Minister shall present to the States his or her response to the
recommendations.[48]
10 False
information, etc. in application for planning permission
(1) If when making an
application for planning permission a person knowingly or recklessly makes a
false or misleading statement or representation or a statement or
representation with a material omission the person shall be guilty of an
offence and liable to imprisonment for a term of 2 years and a fine.[49]
(2) If a person has made
such a statement or representation and planning permission has been granted
(whether wholly or partly as a consequence of that statement or
representation), the Chief Officer may –
(a) revoke
or modify the permission; and
(b) if
the development has been started or undertaken, serve a notice in accordance
with paragraph (3) on the owner of the land to which the permission
relates,
and for these purposes it does not matter whether or not proceedings
have been taken in respect of an offence under paragraph (1).[50]
(3) The notice may require
the owner of the land, within a period specified in the notice –
(a) to
undertake work specified in the notice to restore the land to its condition
before the development was undertaken; or
(b) to
modify the development to the extent specified in the notice.
(4) The work to be
undertaken may include –
(a) the
demolition or alteration of the whole or any part of a building; or
(b) the
discontinuance of a use of land.
(5) [51]
(6) A person
who –
(a) fails
to comply with a notice served on the person in accordance with paragraph (2)(b);
or
(b) uses
land in contravention of the notice,
shall be guilty of an offence and liable to a fine of level 3 on the
standard scale.
(7) If at the end of the
period for compliance specified in a notice under paragraph (2)(b), work
required by the notice to be undertaken has not been undertaken, the Minister
may enter the land and undertake the work.
(8) The expenses reasonably
incurred by the Minister in undertaking work in accordance with paragraph (7)
shall be recoverable as a debt due to the Minister from the person in default.
(9) The Minister may
undertake work in accordance with paragraph (7) whether or not proceedings
have been taken under paragraph (6).
(10) Action taken by the Minister
or the Chief Officer under this Article does not give any person the right to
claim compensation in respect of any loss or damage the person may suffer as a
result of the action.[52]
11 Manner
in which application for planning permission is to be publicized[53]
(1) The Minister shall by
Order prescribe the manner in which –
(a) an
application for planning permission shall be publicized or otherwise notified;
and
(b) representations
in relation to the application may be provided.[54]
(2) For the purpose of
paragraph (1) an application for planning permission shall be taken to
include any environmental impact statement relating to the application prepared
and provided in accordance with Article 13.
(3) An Order under this
Article may further prescribe –
(a) the
manner, including any limit of time, in which an application must be publicized
or notified; and
(b) the
manner, including any limit of time, in which evidence of publication or
notification of the application must be provided by an applicant. [55]
(3A) Where there is a failure to provide
evidence of publication or notification in the prescribed manner, the Minister
or the Chief Officer may reject the application without determining it.[56]
(3B) No determination is to be made
until after the expiry of the prescribed period for publication or notification
of an application.[57]
(4) In determining the
application there shall be taken into account any representations provided in
the prescribed manner.[58]
(5) [59]
(6) [60]
12 Public
inquiries
(1) This Article applies in
respect of an application for planning permission where the Minister is
satisfied that if the proposed development were to be carried out –
(a) the
development would be likely to have a significant effect on the interests of
the whole or a substantial part of the population of Jersey; or
(b) the
development would be a departure (other than an insubstantial one) from the
Island Plan.
(2) Where this Article
applies –
(a) a
public inquiry must be held before the application is determined; and
(b) following
the public inquiry the Minister alone may determine the application or, where
the Minister considers that the nature of the application or the decision is of
such significance for the public of Jersey that it is expedient to do so, the
Minister may refer the matter to a panel (the “determining panel”)
for determination. [61]
(2A) The determining panel must consist
of the Minister and at least 2 other Members of the States Assembly, chosen by
the Minister.[62]
(3) The Minister or the
determining panel shall take into account in determining the application
representations made at the public inquiry.[63]
(4) The Minister shall by
Order prescribe the manner in which a public inquiry shall be held.
(5) The Order shall, in
particular, prescribe –
(a) the
manner in which notice of the inquiry shall be given;
(b) the
procedure to be followed at an inquiry; and
(c) the
persons who may appear and be heard at an inquiry.
(6) A person aggrieved by a
determination by the Minister or the determining panel under this Article may
appeal against the determination to the Royal Court only on a point of law (and
for the avoidance of doubt, no appeal arises under Part 7).[64]
(7) An appeal under
paragraph (6) must be made within the period of 28 days beginning
with the date of the determination.[65]
(8) On hearing the appeal
the Royal Court may –
(a) confirm
the determination wholly or in part;
(b) quash
the determination wholly or in part;
(c) remit
the determination, wholly or in part, to the Minister or
the determining panel to be retaken.[66]
(9) In paragraph (6),
a “person aggrieved” means –
(a) where
it is determined that
planning permission should be granted, the applicant for planning permission
and any third party;
(b) where
it is determined –
(i) that conditions
should be attached to a grant of planning permission, or
(ii) that
planning permission should be refused,
the applicant for
planning permission,
and for the purposes of sub-paragraph (a), “third
party” has the same meaning as is given to that expression by Article 108(4).[67]
(10) The power to make rules of
court under Article 13 of the Royal Court (Jersey)
Law 1948 shall include the power to make rules regulating practice and
procedure in relation to appeals under paragraph (6).[68]
13 Environmental
impact of proposed development
(1) This Article applies in
respect of an application for planning permission –
(a) to
carry out development that falls within a class of development prescribed for
the purpose of this sub-paragraph; or
(b) where
the Minister is satisfied that if the proposed development were to be carried
out it would be likely to have a significant effect on the environment of
Jersey or elsewhere.
(2) Where this Article
applies, the application shall not be determined until the applicant has
provided such an environmental impact statement as may be prescribed, and the
statement shall be taken into account in the determination of the application.[69]
(3) [70]
(4) The Minister shall by
Order prescribe for the purpose of paragraph (1)(a) classes of development
in respect of which an environmental impact statement is required.
(5) The Order shall also
prescribe –
(a) the
particulars an environmental impact statement must contain;
(b) the
qualifications of the people by whom those particulars are to be provided;
(c) the
form an environmental impact statement is to take; and
(d) such
other matters as the Minister considers relevant to the preparation and
provision of an environmental impact statement.
14 Development
of concern to highway authority
(1) This Article applies in
respect of an application for planning permission –
(a) where
the proposed development involves the creation of a new means of access or the
enlargement of an existing means of access to a road; or
(b) where
it appears that if the development were to be undertaken it might create a
problem specified in paragraph (2).[71]
(2) Those problems are that
the development of the land might –
(a) be a
source or cause of danger to people using or entering a road bordering the
land;
(b) have
a significant effect on the volume or type of traffic using the roads leading
to and from or in the vicinity of the development;
(c) involve
an increase in the cost of undertaking any improvement of a road bordering the
land; or
(d) hinder
the improvement of a road bordering the land which the highway authority
intends to improve.[72]
(3) Where this Article
applies, the application shall not be determined until the highway authority
(if any) in respect of the road has been consulted, and any comment by the
authority shall be taken into account in the determination of the application.[73]
(4) [74]
15 Development
of concern to the Minister for Sustainable Economic Development [75]
(1) This Article applies in
respect of an application for planning permission to develop land within an
area shown on a map provided by the Minister for Sustainable Economic
Development for the purpose of this Article.[76]
(2) Where this Article
applies, the application shall be referred to the Minister for Sustainable
Economic Development for comment, and any comment made by that Minister in
respect of the possible effect of the proposed development on the operation of
a harbour or of the airport shall be taken into account in the determination of
the application.[77]
(3) [78]
16 Development
of concern to the Minister for Infrastructure[79]
(1) This Article applies in
respect of an application for planning permission for development that falls
within an area of responsibility or concern of the Minister for Infrastructure.[80]
(2) Where this Article
applies, the application shall be referred to the Minister for Infrastructure
for comment, and any comment made by that Minister in respect of any of the
matters specified in paragraph (4) shall be taken into account in the
determination of the application.[81]
(3) [82]
(4) Those matters
are –
(a) the
sufficiency of any sewerage or drainage system, flood defence work or water
course that may be affected by the development, the prevention of damage to it,
and any hindrance to its repair or maintenance;
(b) the
limitation of damage by surface water that could be caused by the development;
(c) the
effect of the development on water quality (including sea water quality).
17 Development
of concern to any Minister, etc.
(1) This Article applies in
respect of an application for planning permission for development –
(a) that
falls within the area of responsibility or concern of any Minister (other than
a Minister referred to in Article 15(1) and 16(1)) or a body or person
created by statute; or
(b) that
is development of a type or class, or within an area of the Island, in respect
of which a body or person created by statute has informed the Minister that it
has an interest or concern.
(2) Where this Article
applies, the application shall be referred to the relevant Minister, body or
person and any comment made by the Minister, body or person shall be taken into
account in the determination of the application.[83]
(3) [84]
18 [85]
19 Grant
of planning permission
(1) All material
considerations shall be taken into account in the determination of an
application for planning permission.[86]
(2) In general planning
permission shall be granted if the development proposed in the application is
in accordance with the Island Plan.[87]
(3) Despite paragraph (2),
planning permission may be granted where the proposed development is
inconsistent with the Island Plan, if the Planning Committee is satisfied that
there is sufficient justification for doing so.[88]
(4) Planning permission may
be granted –
(a) in
detail or in outline only; and
(b) unconditionally
or subject to conditions which must be specified in the grant of permission.[89]
(5) Planning permission may
be refused.[90]
(6) In the case of outline
planning permission granted under paragraph (4)(a) –
(a) matters
may be reserved for further approval; and
(b) where
such matters are reserved, the permission shall specify a period of time within
which an application for approval in relation to such matters must be made (and
the provisions of this Part, except paragraph (4)(a) and this paragraph,
shall apply in relation to that application).[91]
(7) A decision taken under
this Article does not give any person the right to claim compensation in
respect of any loss or damage which the person may suffer as a result of that
decision.[92]
(8) Where representations
have been duly made by any person in relation to any application for planning
permission, a decision to grant such permission under this Article shall not
have effect during the period of 28 days, or such extension of that period
as may be granted under Article 112(5), immediately after the decision is
made.[93]
20 Application
for planning permission for development already undertaken
(1) This Article applies
where development has been undertaken –
(a) without
planning permission; or
(b) without
complying with a condition subject to which planning permission was granted.
(2) Where this Article
applies a person may apply to the Chief Officer, in the required form and
manner, for planning permission or for an amendment to the permission already
granted.[94]
(2A) Following receipt of an application
under paragraph (2), the Chief Officer may –
(a) determine
the application; or
(b) refer
the application to the Planning Committee for determination by that Committee.[95]
(3) Where this Article
applies by virtue of paragraph (1)(a), planning permission may be granted
in the terms sought by the application (and such grant shall have effect from
the date when the development was undertaken) or it may be refused.[96]
(4) Where this Article
applies by virtue of paragraph (1)(b), a condition of planning permission
already granted may be amended in the terms sought by the application or
otherwise (and such amendment shall have effect from the date when the
development was undertaken) or the application may be refused.[97]
(5) A decision taken under
this Article does not give any person the right to claim compensation in
respect of any loss or damage which the person may suffer as a result of that
decision.[98]
21 Variation
etc. of conditions subject to which planning permission was granted[99]
(1) This Article applies
where a person would like a condition of planning permission removed or varied.
(2) Where this Article
applies a person may apply to the Chief Officer, in the required form and words
together with such fee as may be prescribed, for the permission to be amended
accordingly.[100]
(3) Following receipt of an
application under paragraph (2), the Chief Officer may –
(a) determine
the application; or
(b) refer
the application to the Planning Committee for determination by that Committee.[101]
(4) A condition may be
removed or varied in the manner sought by the application, or the application
may be refused.[102]
(5) A decision taken under
this Article does not give any person the right to claim compensation in
respect of any loss or damage the person may suffer as a result of that
decision.[103]
21A Time limits for
determinations[104]
(1) The Minister may
prescribe a time limit for the determination of –
(a) an
application for planning permission, under Article 19;
(b) an
application for planning permission for development already undertaken, under
Article 20; and
(c) an
application to remove or vary a condition of planning permission, under Article 21.
(2) If an application of a
kind mentioned in paragraph (1) is not determined within the limit
prescribed under that paragraph, the applicant may make a request to the Chief
Officer that the application be determined no later than the end
of –
(a) the
period of 28 days; or
(b) such
other period as may be agreed
beginning with the date of the request (“the extension period”).[105]
(3) If, following a request
made in accordance with paragraph (2), there is a failure to determine the
application within the extension period, such failure shall be deemed to be a
refusal of the application in question for the purposes of an appeal under Part 7
(but where no such appeal is lodged, nothing in this Article prevents the
determination of the application after the expiration of the extension period).
22 Reasons
to be given for certain decisions[106]
(1) This Article applies
where a decision is taken –
(a) to
refuse to grant planning permission;
(b) to
grant planning permission whether in detail or in outline, and whether subject
to conditions or not; or
(c) to
grant planning permission for development that is inconsistent with the Island
Plan.[107]
(2) Where this Article
applies, full reasons for the decision shall be given to the applicant in
writing by the decision-maker.[108]
(3) In this Article,
“decision-maker” means the Minister, the Chief Officer or, as the
case may be, the Planning Committee.[109]
22A Review of certain
decisions[110]
(1) This Article applies
where a decision is taken by the Chief Officer–
(a) to
refuse to grant planning permission; or
(b) to
grant planning permission subject to conditions (other than by virtue of a
Development Order).[111]
(2) Where this Article
applies, the applicant may request a review of the decision in question (the “initial
decision”) by the Planning Committee.[112]
(3) A request for review
under paragraph (2) shall be submitted to the Planning Committee no later
than the end of the period of 28 days beginning with the date of the
decision and shall contain –
(a) the
applicant’s name and address for correspondence;
(b) the
reference number of the application in question; and
(c) the
grounds on which the request is made, including where relevant the reasons why
the applicant disagrees with the initial decision and with any reasons for the
initial decision.[113]
(4) The Planning Committee
shall determine the request as soon as reasonably practicable and shall explain
the reasons for its determination.[114]
(5) The determination of
the Planning Committee shall be substituted for the initial decision
and –
(a) Article 19(8)
shall apply to the determination as it applies to a decision made under that
Article; and
(b) an
appeal shall lie under Part 7 against the determination –
(i) in the case of a
refusal, or of a grant of planning permission subject to conditions, as though
it were a decision under Article 19, or
(ii) in
a case relating to a condition, as though the condition were attached or
imposed under Article 23.[115]
23 Conditions
attached to the grant of planning permission
(1) A condition attached to
the grant of planning permission (including permission given by a Development
Order) shall fairly and reasonably relate to the proposed development.[116]
(2) In respect of the land
to be developed a condition may, in particular, relate to –
(a) the
number or disposition of buildings on the land;
(b) the
manner in which the land shall be laid out for the purpose of the development;
(c) the
use of the land;
(d) the
occupation and use of any building on the land in so far as it serves a
planning purpose, including, in particular, the use of any building for a
purpose referred to in Article 4(4) (affordable residential
accommodation);
(e) the
undertaking, at the applicant’s cost, of archaeological or other
investigations on the land;
(f) the
preservation and planting of vegetation on the land;
(g) the
salvaging of materials from the land;
(h) the
removal from the land and disposal of spoils arising from the development;
(i) the restoration
of the land and of any vegetation on it after the development has been carried
out;
(j) the
protection and improvement of biodiversity on the land.[117]
(3) A condition may also
relate to –
(a) the
dimensions, design, structure or external appearance of a building on the land,
or the materials to be used in its construction;
(b) the
period within which the development shall be begun, being no longer than the
period ending 3 years after the date of the grant of planning permission;
(c) in
respect of the grant of planning permission in outline only, the period within
which an application must be made for approval in respect of any reserved
matter.[118]
(4) A condition may be
imposed on the grant of planning permission –
(a) to
regulate the development or use of land under the control of the developer
(whether or not it is land on which the development is to be undertaken); or
(b) to
require work to be undertaken on any such land,
in so far as it appears to be expedient for the purpose of or in
connection with the development authorized by the permission.[119]
(5) A decision taken under
this Article does not give any person the right to claim compensation in
respect of any loss or damage the person may suffer as a result of that decision.[120]
(6) If planning permission is
granted for the erecting of a building, the permission may specify the purpose
for which the building may be used but if no purpose is specified the
permission shall be construed as including permission to use the building for
the purpose for which it is designed.[121]
24 Planning
permission attaches to land
(1) The grant of planning
permission ensures (except insofar as the permission otherwise provides) for
the benefit of the land to which it relates and of each person for the time
being having an estate or interest in that land.
(2) A condition attached to
the grant of planning permission binds and is enforceable against a person for
the time being having an estate or interest in the land subject to the
condition.[122]
25 Planning
obligations
(1) The owner of an
interest in land may by agreement with the Minister, or (as the case may be)
the Chief Officer, enter into an obligation (“a planning
obligation”).[123]
(2) A planning obligation
may –
(a) restrict
the development or use of the land in a specified way;
(b) require
a specified operation or activity to be undertaken in, on, under or over the
land; or
(c) require
the land to be used in a specified way.
(3) The agreement need not
be limited to land on which development is to be undertaken or to land in
respect of which an application for planning permission has been made.
(4) The agreement may
provide that a sum or sums of money be paid to the Treasurer of the States on a
specified date or dates or periodically.
(5) The agreement
shall –
(a) state
that the agreement is an agreement imposing a planning obligation in accordance
with this Article;
(b) identify
the person entering into the obligation;
(c) identify
the land that is the subject of the obligation; and
(d) state
the nature of the interest the person owns in that land.
(6) A planning obligation
may –
(a) be
unconditional or subject to conditions;
(b) impose
a restriction or requirement mentioned in paragraph (2) either
indefinitely or for a specified period or periods;
(c) if it
requires a sum or sums to be paid, require the payment of a specified amount
determined as specified in the agreement;
(d) if it
requires the payment of periodical sums, require them to be paid indefinitely
or for a specified period.
(7) Except as provided by
paragraph (8), a planning obligation in respect of land is enforceable
against the person who entered into the obligation and any person who derives
title to the land from that person.[124]
(8) The agreement may
provide that a person is not to be bound by the planning obligation when the
person no longer has an interest in the land that is the subject of the
obligation.[125]
(9) A restriction or
requirement under a planning obligation is enforceable by injunction.
(10) Without prejudice to
paragraph (9), if there is a breach of a requirement in a planning
obligation to undertake an operation in, on, under or over the land to which
the obligation relates, the Minister may –
(a) enter
the land and undertake the operation; and
(b) recover
the expenses reasonably incurred by the Minister in so doing as a debt due to
the Minister from the person or persons against whom the obligation is
enforceable.
(11) The Minister shall give not
less than 28 days’ notice to the person against whom the planning
obligation is enforceable before exercising the powers under paragraph (10)(a).
(12) A planning obligation may be
modified or discharged by agreement between the Minister, or (as the case may
be) the Chief Officer, and the person or persons against whom the obligation is
enforceable.[126]
(13) The Minister shall maintain a
register called the Register of Planning Obligations containing details of each
planning obligation.
(14) The Minister shall make the
register and any agreement imposing a planning obligation (and any agreement
modifying or discharging the obligation) available for public inspection at all
reasonable times.
(15) As soon as practicable after
a planning obligation has been entered into the Minister shall apply to the
Royal Court for an order that the obligation be registered in the Public
Registry of Contracts.
(16) As soon as practicable after
an agreement modifying or discharging a planning obligation has been entered
into the Minister shall apply to the Royal Court for an order that the
agreement be registered in the Public Registry of Contracts.
26 Termination
of planning permission by reference to time limit[127]
(1) This Article applies
where –
(a) planning
permission has been granted subject to a condition that the development to
which the permission relates shall be begun before the expiration of a
specified period; and
(b) the
development was begun within that period but the period has elapsed without the
development having been completed.
(2) Where this Article
applies, the Chief Officer or (as the case may be) the Planning Committee may
serve a notice stating that the planning permission shall cease to have effect
upon the expiration of a further period specified in the notice.[128]
(3) The period specified
shall not be less than 12 months after the date when the notice is served.
(4) The notice shall be
served on –
(a) the
owner of the land;
(b) the
occupier of the land (if different); and
(c) any
other person who appears likely to be affected by the notice.[129]
(5) The notice may be
withdrawn at any time before the end of the period specified in it.[130]
(6) If the notice is
withdrawn, each person on whom it was served under paragraph (4) shall
immediately be notified of the withdrawal.[131]
(7) The planning permission
referred to in the notice shall become invalid at the expiration of the period
specified in the notice except to the extent that it relates to development
undertaken under the permission before the expiration of that period.
(8) A decision taken under
this Article does not give any person the right to claim compensation in
respect of any loss or damage the person may suffer as a result of that decision.[132]
27 Revocation
and modification of planning permission
(1) Planning permission to
undertake a building or other operation on land may be revoked or modified at
any time before the building or operation has been completed.[133]
(2) Planning permission to
change the use of land may be revoked or modified at any time before the change
of use has been completed.[134]
(3) The Chief Officer or
(as the case may be) the Planning Committee shall serve notice of any
revocation or modification of planning permission on the owner and (if
different) the occupier of the land.[135]
(4) The revocation or
modification of planning permission shall not affect that permission insofar as
it relates to development undertaken under it before the revocation or
modification.
(5) [136]
(6) Following revocation or
modification of planning permission under this Article, compensation is payable
to a person with an interest in the land who –
(a) has
incurred expenditure in undertaking work that is rendered abortive by the
revocation or modification; or
(b) has
otherwise sustained loss or damage that is directly attributable to the
revocation or modification.[137]
(6A) The loss or damage mentioned in paragraph (6)(b)
does not include the loss of any profit a person might have made by virtue of
the planning permission had it not been revoked or modified.[138]
(7) The amount of
compensation shall be an agreed amount or, failing agreement, an amount
determined by arbitration.
(8) Except as provided by
paragraph (9), compensation is not payable in respect of –
(a) work
undertaken before the grant of the planning permission; or
(b) loss
or damage arising out of anything done or omitted to be done before the grant of
that permission.
(9) Expenditure incurred to
prepare plans for the purposes of the work referred to in paragraph (6) or
on other similar work preparatory to the development shall be taken to be
included in the expenditure incurred in undertaking the work referred to in
that paragraph.
(10) Except as provided by
paragraph (6), a decision taken under this Article does not give any other
person the right to claim compensation in respect of any loss or damage the
person may suffer as a result of that decision.[139]
28 Certificate
of completion[140]
(1) The Chief Officer may
issue a certificate stating that a development of land specified in the
certificate has been undertaken with and in accordance with planning permission
duly granted.[141]
(2) The certificate shall
be conclusive evidence that the development of land specified in it was
undertaken with and in accordance with planning permission duly granted.[142]
(3) An application for a
certificate may be made by any person on payment of any prescribed fee.
29 Minister
to keep register of applications for planning permission
(1) The Minister shall
maintain a register, called the Register of Planning Applications, containing
details of each application for planning permission the Minister receives and
the manner in which it was dealt with.
(2) The Minister shall make
the register available for public inspection at all reasonable hours.
PART 4
BUILDING CONTROLS
Chapter 1 - Building Bye-laws
30 Minister
to make Building Bye-laws
(1) The Minister shall make
Building Bye-laws.
(2) In preparing the Building
Bye-laws or a revision of them the Minister shall publicize the
Minister’s proposals and seek comments and input from the public.
(3) The Minister shall by
Order prescribe –
(a) the
manner in which the Minister’s proposals in respect of the Building
Bye-laws shall be publicized;
(b) the
manner in which the Minister shall seek representations in respect of those
proposals and the manner in which the Minister shall consider them; and
(c) the
manner in which representations may be made by members of the public in respect
of the Minister’s proposals.
(4) Building Bye-laws
may –
(a) provide
that functions that are required to be carried out by virtue of the Bye-laws
may be carried out by persons appointed by or in accordance with the Bye-laws;
(b) provide
for the qualification required by those persons and for the verification of
those qualifications.[143]
(5) Building Bye-laws may
create an offence punishable by a fine.[144]
31 Purposes
of Building Bye-laws
(1) Building Bye-laws shall
prescribe procedures and the functional requirements of buildings necessary to
achieve the results set out in paragraph (2).
(2) Those results
are –
(a) to
secure the health, safety, welfare and convenience of people in or about
buildings;
(b) to
secure access to buildings and the convenient use of buildings by people with
disabilities;
(c) to
prevent the waste, undue consumption or misuse of fuel and energy in or about
buildings;
(d) to
prevent the waste, undue consumption, misuse and contamination of water in or
about buildings;
(e) to
secure the safe and efficient use of public services provided to buildings;
(f) to
promote sustainable development generally.[145]
(3) The Building Bye-laws shall
prescribe procedures and requirements for the construction, alteration,
demolition or removal of buildings necessary –
(a) to
secure the health, safety, welfare and convenience of people; and
(b) to
minimise the disturbance of and nuisance to people,
in or about buildings during their construction, alteration,
demolition or removal.[146]
(4) The Schedule shall
apply in respect of Building Bye-laws.
32 Minister
may publish technical guidance documents in respect of Building Bye-laws
(1) The Minister may
publish a technical guidance document on any requirement of the Building
Bye-laws.
(2) The document may be
prepared by the Minister or may be a document prepared by another person that
has the approval of the Minister.
(3) If it is a document
prepared by another person it may be published with amendments and additions
made by the Minister.
(4) Before publication the
Minister may consult any person with an interest or concern in respect of the
relevant requirement of the Building Bye-laws.
(5) Proof that a person has
failed to comply with a technical guidance document published in respect of a
requirement of the Building Bye-laws is not proof that the person has failed to
comply with that requirement.
(6) However in proceedings
where it is alleged that a person has failed to comply with a requirement of
the Building Bye-laws –
(a) proof
of a failure to comply with a technical guidance document published by the
Minister in respect of the requirement may be relied upon as tending to
establish non-compliance with that requirement; and
(b) proof
of compliance with the document may be relied upon as tending to establish
compliance with the requirement.
Chapter
2 - Enforcement of the Building Bye-laws
33 Prescribed
building work not to be undertaken without building permission
(1) A person who undertakes
prescribed building work except with, and in accordance with, permission to do
so granted in accordance with the Building Bye-laws shall be guilty of an
offence and liable to a fine.[147]
(2) A person shall be
guilty of an offence under paragraph (1) if when undertaking prescribed
building work the person contravenes –
(a) a
condition subject to which building permission to undertake that building work
was granted; or
(b) an
applicable provision of the Building Bye-laws.
(3) In determining the
amount of any fine to be imposed on a person convicted of an offence under this
Article, the court shall in particular have regard to any financial benefit
which has accrued or appears likely to accrue or could have accrued to the
person in consequence of the offence.
(4) A person may be
convicted of an offence under this Article despite the fact that –
(a) an
enforcement notice or condition notice has been served in respect of the breach
of development controls; and
(b) every
step required by the notice to be taken has been taken.[148]
34 Applications
for building permission
(1) A person who requires
building permission must apply to the Chief Officer for it.[149]
(2) The application
shall –
(a) be in
the prescribed form;
(b) contain,
or be accompanied by, such particulars as may reasonably be required to
determine the application; and
(c) be
accompanied by the prescribed fee.[150]
(3) An applicant for
building permission under this Article may be required to provide such further
particulars as may reasonably be necessary to reach a decision in respect of
the application.[151]
(4) If the applicant fails
to provide within a reasonable time the particulars required under paragraph (3),
the application may be refused and upon such a refusal no obligation to refund
the prescribed fee shall arise.[152]
(5) [153]
35 Grant
of building permission[154]
(1) The provisions of the Building
Bye-laws must be taken into account in the determination of an application for
building permission.
(2) In general building
permission must be granted if the work proposed in the application is in
accordance with Building Bye-laws.
(3) Despite paragraph (2),
building permission may be granted where the proposed work is inconsistent with
Building Bye-laws, if the Chief Officer –
(a) is
satisfied that there is sufficient reason for doing so; and
(b) specifies,
in the grant of permission, which provisions of the Building Bye-laws are
disapplied.[155]
(4) Building permission may
be –
(a) granted
unconditionally, or subject to conditions which must be specified in the grant
of permission; or
(b) refused.
(5) A decision taken under
this Article does not give any person the right to claim compensation in
respect of any loss or damage the person may suffer as a result of that decision.
36 Reasons
to be given for refusal to grant building permission[156]
Where a decision is taken to refuse building permission, full
reasons for the decision shall be given in writing.
37 Conditions
attached to the grant of building permission
(1) A condition attached to
the grant of building permission shall fairly and reasonably relate to the
proposed prescribed building work.[157]
(2) A condition may, in
particular, relate to –
(a) the
manner in which the building work is to be undertaken;
(b) the
material, equipment, fittings and accessories to be used in undertaking the
building work; and
(c) any
requirement of the Building Bye-laws applicable to the building work.
38 Minister
to keep register of applications for building permission
(1) The Minister shall maintain
a register, called the Register of Building Applications, containing details of
each application the Minister receives for building permission and the decision
made in respect of it.
(2) The Minister shall make
the register available for public inspection at all reasonable hours.
38A Offence of
uttering false design certificate[158]
(1) A person who is an
approved Certifier of Design commits an offence if the person knowingly or
recklessly signs or issues a design certificate containing –
(a) a
material omission; or
(b) a
statement or representation which is false in a material particular.
(2) In paragraph (1) –
“approved Certifier of Design” means a person whose name
appears on a list published by the Minister of persons who are considered, in
accordance with a scheme approved by the Minister, to have the experience and
qualifications required to be competent to issue design certificates; and
“design certificate” means a certificate
which –
(a) certifies
that if the specified building work to which it relates is carried out in
accordance with the plans and certificates accompanying the certificate, that
work will comply with relevant requirements of Building Bye-Laws, and
(b) is
signed by an approved Certifier of Design.
(3) A person who is guilty
of an offence under this Article shall be liable to imprisonment for 2 years
and to a fine.
PART 5
ENFORCEMENT OF DEVELOPMENT CONTROLS
39 Interpretation
- breach of development controls
(1) For the purposes of
this Part there has been a breach of development controls if there has
been –
(a) a
breach of planning controls; or
(b) a
breach of building controls.
(2) There has been a breach
of planning controls if –
(a) land
has been developed without planning permission; or
(b) land
has been developed with planning permission but there has been a contravention
of a condition of that permission.
(3) Land is to be taken to
have been developed without planning permission if it is developed otherwise
than in accordance with plans of the development approved for the purpose of
granting planning permission for the development.
(4) There has been a breach
of building controls if –
(a) prescribed
building work has been undertaken without building permission; or
(b) prescribed
building work has been undertaken with building permission but there has been a
contravention of a condition of that permission or any applicable provision of
the Building Bye-laws.
(5) Prescribed building
work is to be taken to have been undertaken without building permission if it
is undertaken otherwise than in accordance with plans approved for the purpose
of granting the building permission.
40 Enforcement
notice in respect of breach of development controls[159]
(1) This Article applies
where it appears to the Chief Officer or to the Planning Committee –
(a) that
there has been a breach of development controls during the previous 8 years;
and
(b) that
it is expedient that action should be taken to remedy the breach.[160]
(2) Where this Article
applies the Chief Officer or, as the case may be, the Planning Committee may
serve an enforcement notice on –
(a) the
owner of the land;
(b) the
occupier of the land (if different); and
(c) any
other person who appears to be causing or responsible for the breach.[161]
(3) The notice shall
specify –
(a) the
matter that appears to constitute the breach of development control;
(b) the
steps required to be taken or the activity required to cease to remedy the
breach or to make good any injury to amenity caused by the breach; and
(c) the
period within which those steps are required to have been taken or that
activity is required to have ceased.[162]
(4) Where there has been a
breach of development controls, an action or a decision taken under this
Article in respect of that breach does not give any person the right to claim
compensation in respect of any loss or damage the person may suffer as a result
of that action or decision.[163]
41 Enforcement
notice may require replacement building
(1) This Article applies to
an enforcement notice served in respect of a breach of development control
consisting of the demolition or removal of the whole or any part of a building.
(2) Where this Article
applies the notice may require the construction of a building or part of a
building that is as similar as possible to the demolished building or that part
of the building.
(3) A building or part of a
building built in compliance with the notice –
(a) shall
be built in compliance with any requirement imposed by or under this or any
other enactment applicable to the construction and functional requirements of
buildings; and
(b) may
differ from the demolished building or the part of the building demolished in
any respect which, if the demolished building or that part of the building had
been altered in that respect, would not have required permission on an
application made in accordance with Article 9.[164]
(4) Any necessary planning
or building permission shall be taken to have been granted to undertake work in
compliance with the notice.
42 Variation
or withdrawal of enforcement notice[165]
(1) An enforcement notice
may be withdrawn.
(2) A requirement in an
enforcement notice may be relaxed or waived, and in particular a period
specified in an enforcement notice may be extended.
(3) Where any power is
exercised under paragraph (2), notice of the relaxation or waiver shall
immediately be served on each person who was served with the enforcement
notice.
(4) The withdrawal of an
enforcement notice shall not prejudice a further exercise of the power under
Article 40 to serve another such notice.
43 Minister
may execute work required by an enforcement notice
(1) If a step required by
an enforcement notice to be taken has not been taken by the end of the period for
compliance specified in the notice the Minister may enter the land and take
that step.
(2) The Minister may
recover the expenses reasonably incurred by the Minister in doing so as a debt
due to the Minister from the person who is then the owner of the land.
44 Offence
when enforcement notice is not complied with
(1) The owner of land to
which an enforcement notice relates who –
(a) fails
to take a step within the period specified in the notice to take that step; or
(b) carries
on an activity after the period specified in the notice to cease the activity,
shall be guilty of an offence and liable to a fine.
(2) It shall be a defence
to show that all reasonable measures were taken to secure compliance with the
notice.
(3) A person –
(a) who
has control of or an interest in the land to which an enforcement notice
relates (being a person other than the owner of the land); and
(b) who
carries on on that land an activity that is required by the notice to cease at
any time after the period specified in the notice for compliance with the
notice,
shall be guilty of an offence and liable to a fine.
(4) A person upon whom an
enforcement notice has been served as a person appearing to be the person
causing or having responsibility for the breach of development controls who, at
any time after the period specified in the notice for compliance with the
notice, carries on an activity that is required by the notice to cease shall be
guilty of an offence and liable to a fine.[166]
(5) An offence under
paragraph (1), (3) or (4) may be charged by reference to a day or any
longer period of time and a person may be convicted of a second offence or
subsequent offences under paragraph (1), (3) or (4) by reference to any
period of time following the preceding conviction for such an offence.
(6) If –
(a) a
person charged with an offence under this Article has not been served with a
copy of the enforcement notice; and
(b) the
notice is not contained in the Register of Development Notices,
it shall be a defence to show that the person was unaware of the
existence of the notice.
(7) In determining the
amount of any fine to be imposed on a person convicted of an offence under this
Article, the court shall in particular have regard to any financial benefit
that has accrued or appears likely to accrue or could have accrued to the
person in consequence of the offence.
45 Stop
notices
(1) This Article applies
where it appears to the Chief Officer or to the Planning Committee that there
has been a breach of development controls and that it is expedient that an
activity constituting or forming part of that breach should cease –
(a) before
an enforcement notice can be prepared and served; or
(b) before
the expiry of the period for compliance with an enforcement notice already
served in respect of the breach of development controls.[167]
(2) Where this Article
applies the Chief Officer or, as the case may be, the Planning Committee may
serve a notice requiring the activity specified in the notice to cease
immediately.[168]
(3) A stop notice may be
served on any person who appears–
(a) to be
the owner or occupier of the land on which the activity is being carried on; or
(b) to be
engaged in the activity.[169]
(4) A stop notice may at
any time be withdrawn by a further notice served on each person who was served with
the stop notice.[170]
(5) The withdrawal of a
stop notice shall not prejudice a further exercise of the power under paragraph (2)
to serve another such notice.[171]
(6) If a stop notice is not
sooner withdrawn it ceases to have effect 7 days after its service
if –
(a) at
the time of its service an enforcement notice had not been served in respect of
the breach of development controls; and
(b) an
enforcement notice is not served within those 7 days.
(7) A stop notice also
ceases to have effect if at the time that it was served an enforcement notice
had already been served in respect of the breach of development controls and it
is withdrawn or the period for compliance specified in it expires.
(8) A stop notice also
ceases to have effect if within 7 days after its service an enforcement notice
is served in respect of the breach of development controls and it is withdrawn
or the period for compliance specified in it expires.
(9) There shall be displayed
on land affected by a stop notice a notice stating that a stop notice has been
served in respect of the land and that a person contravening it may be
prosecuted.[172]
(10) The notice shall specify the
date when the stop notice took effect and indicate its requirements.
(11) A person who removes or
defaces a site notice without lawful authority shall be guilty of an offence
and liable to a fine of level 2 on the standard scale.
(12) Where there has been a breach
of development controls an action or a decision taken under this Article in
respect of that breach does not give any person the right to claim compensation
in respect of any loss or damage the person may suffer as a result of that
action or decision.[173]
46 Penalty
for contravention of stop notice
(1) A person who fails to
comply with a stop notice after –
(a) the
notice has been served on the person; or
(b) a
site notice has been displayed,
shall be guilty of an offence and liable to a fine.[174]
(2) An offence under
paragraph (1) may be charged by reference to a day or any longer period of
time and a person may be convicted of a second offence or subsequent offences
under paragraph (1) by reference to any period of time following the
preceding conviction for such an offence.
(3) In determining the
amount of any fine to be imposed on a person convicted of an offence under
paragraph (1), the court shall in particular have regard to any financial
benefit which has accrued or appears likely to accrue or could have accrued to
the person in consequence of the offence.
(4) It shall be a defence
for a person accused of an offence under this Article to prove –
(a) that
the stop notice was not served on the person; and
(b) that
the person did not know and could not reasonably have been expected to know of
its existence.
47 Enforcement
of development conditions
(1) This Article applies
where it appears to the Chief Officer that there has been a failure to comply
with a condition subject to which planning or building permission was granted.[175]
(2) Where this Article
applies a notice may be served on –
(a) a
person who is undertaking or who undertook the development; or
(b) a
person having control of the land to which the permission relates,
requiring the person to secure compliance with the condition.[176]
(3) The notice shall
specify –
(a) the
condition to be complied with; and
(b) the steps
required to be taken, or the activities required to cease, to secure compliance
with the condition.[177]
(4) The notice shall also
specify the period allowed for compliance with the notice.
(5) A condition notice may
at any time be withdrawn by a further notice served on each person who was
served with the condition notice.[178]
(6) The withdrawal of a
condition notice shall not prejudice a further exercise of the power under
paragraph (2) to serve another such notice.[179]
(7) A person who fails to
comply with the requirements of a condition notice served on the person shall
be guilty of an offence and liable to a fine of level 3 on the standard scale.
(8) An offence under
paragraph (7) may be charged by reference to a day or any longer period of
time and a person may be convicted of a second offence or subsequent offences
under paragraph (7) by reference to any period of time following the
preceding conviction for such an offence.
(9) It shall be a defence
for a person charged with an offence under paragraph (7) to
prove –
(a) that
the person took all reasonable measures to secure compliance with the
requirements of the condition notice; or
(b) if
the notice was served on the person by virtue of paragraph (2)(b), that
the person no longer has control of the land.
48 Injunctions
restraining breaches of development controls
(1) A person mentioned in paragraph (1A)
may apply to the Royal Court for an injunction if it appears necessary or
expedient to that person for an injunction to be granted to prevent or restrain
an actual or apprehended breach of development controls.[180]
(1A) The persons who may apply for an
injunction under paragraph (1) are –
(a) the
Chief Officer; or
(b) in a
case where –
(i) the time limit
for any appeal has expired, or
(ii) proceedings
on an appeal in that case have been concluded,
the Minister.[181]
(2) Paragraph (1) has
effect whether or not the Chief Officer or, as the case may be, the Minister
has exercised or is proposing to exercise any other power under this Part.[182]
(3) The Royal Court may
grant any injunction it considers appropriate to restrain the breach.
49 Minister
to maintain Register of Development Notices
(1) The Minister shall
maintain a register, called the Register of Development Notices, containing
details of each –
(a) enforcement
notice;
(b) stop
notice; and
(c) condition
notice,
the Minister serves.
(2) The Minister shall make
the register available for inspection by the public at all reasonable hours.
PART 6
ADDITIONAL CONTROLS
Chapter 1 - Sites of special interest
50 Interpretation
- sites of special interest
In this Chapter –
“List of Sites of Special Interest” or
“List” means the List maintained in accordance with Article 51(1);
“site of special interest” means a building or place
included in the List of Sites of Special Interest;
“special interest”, in respect of a site of special
interest, means the special characteristics of the site that justified its
inclusion on the List of Sites of Special Interest.[183]
51 List
of Sites of Special Interest[184]
(1) The Chief Officer shall
maintain a list, called the List of Sites of Special Interest.[185]
(2) The List shall include
each building or place that the Chief Officer is satisfied has public
importance by reason of –
(a) its
special botanical, ecological, geological, scientific or zoological interest;
or
(b) the
special archaeological, architectural, artistic, cultural or historical
interest that attaches to the building or place.[186]
(3) The List shall, in
respect of each site of special interest –
(a) specify
the site’s special interest;
(b) describe
the site either in words or by reference to a plan, or both, with sufficient
particularity to enable it to be easily identified;
(c) if
the site relates to the habitat of a wild creature or a plant, specify the type
of habitat; and
(d) specify
any activity referred to in Article 55(1) which may be undertaken on the
site without the Chief Officer’s permission.[187]
(4) The Chief Officer shall
make the List available for inspection by the public at all reasonable hours.[188]
(5) [189]
(6) [190]
(7) [191]
52 Notice
and procedure for inclusion on, or removal from, the List of Sites of Special
Interest[192]
(1) Except as provided by
Article 53, a building or place shall not be included on or removed from
the List of Sites of Special Interest unless notice of the inclusion or removal
has been duly served in accordance with this Article.
(2) Notice of proposed
inclusion on the List –
(a) shall
be served –
(i) on the owner of
the building or place, or
(ii) (where
such service cannot be effected) by being displayed in a conspicuous position
on or near the building or place; and
(b) shall
contain a statement to the effect that a person with an interest in the
building or place to which the notice relates may, no later than 28 days
after the date of the notice, make written representations to the Chief Officer
in respect of the proposed inclusion of the building or place on the List.
(3) A person who without
lawful authority removes or defaces a notice displayed under paragraph (2)
shall be guilty of an offence and liable to a fine of level 2 on the
standard scale.
(4) In determining whether
or not to include a building or place on the List –
(a) any
representations made in response to the notice under paragraph (2) shall
be taken into account to the extent that such representations relate to the
special interest of the building or place;
(b) where
the building or place falls within the area of responsibility or concern of any
Minister or body or person created by statute, that Minister, body or person
shall be consulted and any representations made in response to the consultation
shall be taken into account; and
(c) any
person considered to have a particular knowledge of or interest in the building
or place may be consulted and the views of that person may be taken into
account.
(5) A further notice of the
decision as to whether or not to include a building or place on the List shall
be served on the owner and (if different) the occupier of the building or place
as soon as practicable after the decision has been made.
(6) Where the Chief Officer
is satisfied that the special interest of a building or place has ceased to
exist, the building or place may be removed from the List, no sooner than
28 days after service of notice of the intention to do so.
(7) Such notice as mentioned
in paragraph (6) shall be served –
(a) on
the owner of the building or place; or
(b) (where
such service cannot be effected) by being displayed in a conspicuous position
on or near the building or place.
53 Provisional
listing[193]
(1) This Article applies
where the Chief Officer considers it necessary or expedient to
restrain –
(a) an
actual or apprehended operation in, on, over or under a building or place
suitable for inclusion on the List; or
(b) an
actual or apprehended change (either permanent or temporary) in the use of such
a building or place,
which, whether or not the operation or change amounts to
development, would affect the special interest of the building or place if it
were included on the List.[194]
(2) Where this Article
applies a notice may be served declaring the building or place to have been
provisionally included on the List, and such notice shall be
served –
(a) on
the owner of the building or place; or
(b) (where
such service cannot be effected) by being displayed in a conspicuous position
on or near the building or place.
(3) A person who without
lawful authority removes or defaces a notice displayed under paragraph (2)
shall be guilty of an offence and liable to a fine of level 2 on the
standard scale.
(4) On service of a notice
under paragraph (2), details of the building or place shall be entered
provisionally on the List, and shall remain on the List until –
(a) a
determination has been made under Article 52 that the building or place
should or should not be included on the List; or
(b) the
expiration of a period of 3 months beginning with the date of service of
the notice under paragraph (2),
whichever is the sooner.
54 Control
of certain operations, etc. not amounting to development
(1) This Article applies
to –
(a) an
operation in, on, over or under a site of special interest; or
(b) a
change (either permanent or temporary) in the use of a site of special
interest,
which, while not amounting to development, affects the special
interest of the site.[195]
(2) A person
who –
(a) undertakes
an operation or makes a change of use to which this Article applies without the
Chief Officer’s permission; or
(b) when
undertaking the operation or making the change contravenes any condition
subject to which permission to do so was granted,
shall be guilty of an offence and liable to a fine.[196]
(3) In determining the
amount of any fine to be imposed on a person convicted of an offence under
paragraph (2), the court shall in particular have regard to any financial
benefit which has accrued or appears likely to accrue or could have accrued to
the person in consequence of the offence.
(4) The provisions of Part 5
(development controls) and of Part 7 (appeals) apply in respect of an
operation or change of use to which this Article applies as if –
(a) that
operation or change of use amounted to development; and
(b) the
undertaking of the operation or the change of use except with and in accordance
with planning permission were a breach of development controls.
(5) A person may be
convicted of an offence under paragraph (2) despite the fact
that –
(a) by
virtue of paragraph (4), an enforcement notice or condition notice has
been issued in respect of the undertaking of the operation or change of use;
and
(b) every
step required by the notice to be taken has been taken.[197]
(6) A condition attached to
the grant of permission to undertake an operation or make a change of use to
which this Article applies –
(a) may
relate to the period within which the operation or change of use must be begun,
being no longer than the period ending 3 years after the date of the grant
of permission; and
(b) must
fairly and reasonably relate to protection of the special interest of the site.[198]
(7) If the person convicted
of an offence under paragraph (2) is the owner of the site of special
interest a notice may be served on that person requiring the person to make
good, within the period for compliance specified in the notice, any injury
caused to the site as a result of the action taken that constituted the
offence.[199]
(8) A person who fails to
comply with the notice shall be guilty of an offence and liable to a fine of
level 3 on the standard scale.
(9) If –
(a) the
person convicted of the offence under paragraph (2) is not the owner of
the site of special interest; or
(b) the
owner of the site fails to comply with a notice served in accordance with
paragraph (7),
the Minister may enter on the site and undertake the work necessary
to make good the injury caused to the site as a result of the action taken that
constituted the offence.
(10) The Minister may recover from
the person convicted of the offence under paragraph (2) or the owner, as
the case may be, the expenses reasonably incurred in undertaking the work
referred in paragraph (9).
(11) Despite the fact
that –
(a) the
Minister has made good injury to a site of special interest in accordance with
paragraph (9); and
(b) the
cost of undertaking that work has been recovered by the Minister,
the owner of the site may still be convicted of an offence under
paragraph (8).
55 Certain
activities restricted on sites of special interest
(1) This Article applies to
the carrying on, at or on a site of special interest, of any of the
following –
(a) the
use or operation of a device designed or adapted to detect or locate metal or
minerals in the ground;
(b) an
activity which might injure or deface the site or a part of the site;
(c) where
the special interest of the site is an archaeological interest, an activity
specified in sub-paragraph (c), (d), (e) or (f) of paragraph (2);
(d) where
the special interest of the site is a botanical, ecological, geological,
scientific or zoological interest, any activity specified in paragraph (2).[200]
(2) Those activities
are –
(a) to
disturb, ill-treat or injure, or kill or attempt to kill, or take a wild creature;
(b) to
pick, uproot, damage or destroy a plant;
(c) to
insert a probe or similar implement into the surface of the site;
(d) to
dig a hole or make an excavation;
(e) to
remove sand, stone, gravel, earth or rock; or
(f) to
tip earth, rock or waste material.[201]
(3) A person may undertake
an activity to which this Article applies –
(a) with
the Chief Officer’s permission; or
(b) if
the activity is specified as a permitted activity in the entry on the List of
Sites of Special Interests relating to the site.[202]
(4) A person
who –
(a) carries
on an activity to which this Article applies, except as permitted by paragraph (3);
or
(b) when
carrying on the activity with that permission contravenes any condition subject
to which the permission was granted,
shall be guilty of an offence and liable to a fine.[203]
(5) An application to carry
on an activity to which this Article applies shall –
(a) be in
the required form;
(b) contain
or be accompanied by particulars reasonably required to determine the
application; and
(c) be
accompanied by any prescribed fee.[204]
(6) The conditions which
may be attached to the grant of permission –
(a) may
relate to the period within which the activity must be begun, being no longer
than the period ending 3 years after the date of the grant of permission;
and
(b) must
fairly and reasonably relate to protection of the special interest of the site.[205]
(7) Permission may be given
for the purpose of paragraph (3)(a) by means of a notice displayed on or
near to the site of special interest.[206]
(8) A person who removes or
defaces a notice displayed in accordance with paragraph (7) without lawful
authority shall be guilty of an offence and liable to a fine of level 2 on the
standard scale.
(9) If the person convicted
of an offence under paragraph (4) is the owner of the site of special
interest the Minister may serve on that person a notice requiring the person to
make good, within the period for compliance specified in the notice, any injury
caused to the site as a result of the action taken that constituted the
offence.
(10) A person who fails to comply
with the notice shall be guilty of an offence and liable to a fine of level 3
on the standard scale.[207]
(11) If –
(a) the
person convicted of the offence under paragraph (4) is not the owner of
the site of special interest; or
(b) the
owner of the site fails to comply with a notice served in accordance with
paragraph (9),
the Minister may enter on the site and undertake the work necessary
to make good the injury caused to the site as a result of the action taken that
constituted the offence.
(12) The Minister may recover from
the person convicted of the offence under paragraph (4) or the owner, as
the case may be, the expenses reasonably incurred in undertaking the work
referred in paragraph (11).
(13) Despite
the fact that –
(a) the
Minister has made good injury to a site of special interest in accordance with
paragraph (11); and
(b) the
cost of undertaking that work has been recovered by the Minister,
the owner of the site may still be convicted of an offence under
paragraph (10).
55A False information [in
relation to application for permission][208]
(1) A
person who, in making an application for permission under Article 54 or
55, knowingly or recklessly –
(a) makes
a false or misleading statement or representation;
(b) makes
a statement or representation with a material omission,
is guilty of an offence and
liable to imprisonment for a term of 2 years and a fine.
(2) Paragraphs (2)
to (10) of Article 10 apply in respect of a statement or representation to
which this Article applies, as if a reference in those paragraphs –
(a) to
development, refers to an operation or change of use under Article 54, or
to use or operation of a device, or to an activity, under Article 55, as
the case may be; and
(b) to
planning permission, refers to permission under either of those Articles.
56 Minister
may make funds available in respect of sites of special interest, etc.
(1) The Minister may by way
of grant or loan make funds available to the owner or occupier of a site of
special interest or any other site or building the Minister is satisfied it is
in the public interest to preserve towards any cost necessary to protect,
repair or restore the site or building.
(2) The Minister may make
funds available on such terms as the Minister determines.
Chapter 1A – Conservation Areas[209]
56A Conservation areas[210]
(1) The Minister may by
Order designate, as a conservation
area, any area of Jersey to which there attaches a special architectural
or historical interest, for the purpose of protecting and improving the
character or appearance of that area.
(2) The States may by
Regulations make such further provision as appears to them to be necessary or
expedient in relation to the management of conservation areas in general, and
such Regulations may, in particular –
(a) make
provision as to the allocation of funds for the purpose mentioned in paragraph (1);
(b) create
sanctions and offences, including offences of breach of a provision of an Order
under paragraph (3); and
(c) impose
penalties, but such provision may not include a penalty of imprisonment or of a
fine exceeding level 2 on the standard scale.
(3) The Minister may by
Order make all such further provision as is necessary for the purposes of this
Article, whether in relation to a particular conservation area or to all such
areas, including provision –
(a) specifying
any activity which may be undertaken within a conservation area without the
Chief Officer’s permission;
(b) specifying –
(i) any activity
which, if carried out within a conservation area, may amount to commission of
an offence, or
(ii) any
prohibitions on or restrictions to activities carried out within a conservation
area, breach of which may amount to commission of an offence,
under Regulations made under paragraph (2);
(c) as to
the manner in which notice of prohibitions or restrictions is to be given or
published, and to whom;
(d) as to
the manner in which applications for permission must be made, and in which
permission may be granted, including the imposition of conditions; and
(e) as to
the creation and maintenance of a list or register.
Chapter
2 - Protection of trees
57 Interpretation
- protected trees
In this Chapter and in Part 7 –
“List of Protected Trees” or “List” means
the List maintained in accordance with Article 58(1);
“protected tree” means a tree included on the List of
Protected Trees. [211]
58 Minister
to protect trees by maintaining a List of Protected Trees
(1) The Chief Officer shall
maintain a list, called the List of Protected Trees.[212]
(2) The List shall include
trees which the Chief Officer is satisfied should not, in the interests of the
amenity of Jersey, be cut down, lopped, or otherwise altered or harmed without the
Chief Officer’s permission.[213]
(3) The List shall, in
relation to each tree (or group of trees or hedge) contain –
(a) details
of the tree; and
(b) a
description, either in words or by reference to a plan, or both, of its
position sufficient to identify it.
(4) The Chief Officer shall
make the List available for inspection by the public at all reasonable hours.[214]
(5) [215]
(6) [216]
(7) [217]
59 Notice
and procedure for inclusion on, or removal from, the List of Protected Trees[218]
(1) Except as provided by
Article 60, a tree shall not be included on or removed from the List of
Protected Trees unless notice of the inclusion or removal has been duly served
in accordance with this Article.
(2) Notice of proposed
inclusion on the List –
(a) shall
be served –
(i) on the owner of
the land on which the tree is growing, or
(ii) (where
such service cannot be effected) by being displayed in a conspicuous position
on or near the tree; and
(b) shall
contain a statement to the effect that any person may make written
representations to the Chief Officer in respect of the proposed inclusion of
the tree on the List.
(3) A person who without
lawful authority removes or defaces a notice displayed under paragraph (2)
shall be guilty of an offence and liable to a fine of level 2 on the
standard scale.
(4) In determining whether
or not to include a tree on the List –
(a) any
representations made in response to the notice under paragraph (2) shall
be taken into account to the extent that such representations relate
specifically to the proposed inclusion of the tree on the List;
(b) any
person considered to have relevant expert knowledge may be consulted and the
views of that person may be taken into account.
(5) A further notice of the
decision as to whether or not to include the tree on the List shall be served
on the owner and (if different) any occupier of the land on which the tree is
growing as soon as practicable after the decision has been made.
(6) Where –
(a) the
tree ceases to exist; or
(b) the
Chief Officer is satisfied that it is no longer in the interests of the amenity
of Jersey that the tree should be protected,
the tree may be removed from the List, no sooner than 28 days
after service of notice of the intention to do so.
(7) Such notice as
mentioned in paragraph (6) shall be served –
(a) on
the owner of the land on which the tree is or was growing; or
(b) (where
such service cannot be effected) by being displayed in a conspicuous position
on or near the tree or place where the tree is or was growing.
60 Provisional
listing of trees[219]
(1) This Article applies
where the Chief Officer considers it necessary or expedient to restrain the
actual or apprehended removal of, or damage to, a tree suitable for inclusion
on the List of Protected Trees.
(2) Where this Article
applies a notice may be served declaring the tree to have been provisionally
included on the List, and such notice shall be served –
(a) on
the owner of the land where the tree is growing; or
(b) (where
such service cannot be effected) by being displayed in a conspicuous position
on or near the land where the tree is growing.
(3) A person who without
lawful authority removes or defaces a notice displayed under paragraph (2)
shall be guilty of an offence and liable to a fine of level 2 on the
standard scale.
(4) On service of a notice
under paragraph (2), details of the tree shall be entered provisionally on
the List, and shall remain on the List until –
(a) a
determination has been made under Article 59 that the tree should or
should not be included on the List; or
(b) the
expiration of a period of 3 months beginning with the date of service of
the notice under paragraph (2),
whichever is the sooner.
61 Protected
tree not to be felled, etc. without permission
(1) A person
who –
(a) cuts
down, tops, lops, uproots, wilfully damages or wilfully destroys or otherwise
alters, harms or interferes with a protected tree without permission; or
(b) when
undertaking any of those activities with permission contravenes any condition
subject to which that permission was granted,
shall be guilty of an offence and liable to a fine.[220]
(2) If a person convicted
of an offence under paragraph (1) is the owner of the land on which the
tree is or was growing the court that convicts the person may, in addition to
any other penalty it imposes, order the person to plant a suitable tree in a
specified place on that land.
(3) A condition attached to
the grant of permission for the purpose of paragraph (1)(b) shall fairly
and reasonably relate to the protection of the tree and to the safety of the
public.[221]
(4) However it may be made
a condition of the permission that a tree or replacement tree of a specified species
shall be planted in a specified place during a specified period.[222]
(5) In determining the
amount of any fine to be imposed on a person convicted of an offence under
paragraph (1), the court shall in particular have regard to any financial
benefit which has accrued or appears likely to accrue or could have accrued to
the person in consequence of the offence.
(6) An offence under
paragraph (1) may be charged by reference to a day or any longer period of
time and a person may be convicted of a second offence or subsequent offences
under paragraph (1) by reference to any period of time following the
preceding conviction for such an offence.
(7) It shall be a defence
for a person charged with an offence under paragraph (1) to
prove –
(a) that
the tree was dead or dying; or
(b) that
the tree had become dangerous.
62 Preservation
and planting of trees in connection with planning permission[223]
(1) A decision-maker
granting planning permission to develop land shall ensure, whenever
appropriate, that adequate provision is made for the preservation and planting
of trees by the imposition of a condition.[224]
(2) A decision-maker
granting such permission shall also provide for the listing in accordance with
Article 59 of any tree as appears to the Minister to be necessary in
connection with the grant of the permission, whether to give effect to the
condition referred to in paragraph (1) or otherwise.[225]
(3) In this Article,
“decision-maker” has the meaning given by Article 22(3).[226]
63 Minister
may plant trees, etc.
(1) The Minister may plant
trees and undertake work or do other things the Minister considers necessary to
preserve or enhance the amenity of land or to restore or improve the appearance
of land the Minister considers to be unsightly.
(2) The Minister shall not
do so without the consent of the owner and (if different) the occupier of the
land.
(3) The Minister may enter
into an agreement for the work to be undertaken by a person other than the
Minister.
64 Minister
may make funds available for the planting and protection of trees, etc.
(1) The Minister may by way
of grant or loan make funds available to the owner or occupier of land towards
the cost of planting or managing trees on that land or for otherwise preserving
or improving the appearance of the land.
(2) The Minister may make
funds available on such terms as the Minister determines.
Chapter
3 - Dangerous buildings
65 Interpretation
- dangerous buildings
In this Chapter “work to be undertaken” includes steps
to be taken.
66 Dangerous
building notice in respect of building in a dangerous condition[227]
(1) This Article applies
where it appears to the Chief Officer that a building is in a dangerous
condition, or is being used to carry a load or in a manner that makes it
dangerous.[228]
(2) Where this Article
applies a notice may be served requiring work to be undertaken to render the
building safe.[229]
(3) The notice shall be
served on the owner of the building and (if different) its occupier.
(4) The notice shall
specify –
(a) the
matter which appears to make the building dangerous;
(b) the
work to be undertaken; and
(c) the
period within which that work must be undertaken.[230]
67 Dangerous
building notice - restoration work
(1) This Article applies in
respect of a dangerous building notice that requires restoration work to be
undertaken on a part of a building.
(2) Unless the notice
specifies otherwise it shall be taken to contain a requirement that the work to
be undertaken shall be as similar as possible to the original work on that part
of the building.
68 Variation
or withdrawal of dangerous building notice[231]
(1) A dangerous building
notice may be withdrawn.
(2) A requirement
(including in particular any period specified for the undertaking of work) in a
dangerous building notice may be relaxed or waived.
(3) Where any power is
exercised under paragraph (2), notice of the relaxation or waiver shall
immediately be served on each person who was served with the dangerous building
notice.
(4) The withdrawal of a
dangerous building notice shall not prejudice a further exercise of the power
under Article 66 to serve another such notice.
69 Minister
may execute work required by dangerous building notice
(1) The Minister may enter
land and undertake work required to be undertaken by a dangerous building
notice if the work has not been undertaken by the end of the period for
compliance specified in the notice.
(2) The Minister may
recover the expenses reasonably incurred by the Minister in doing so as a debt
due to the Minister from the person who is then the owner of the building.
70 Offence
when dangerous building notice is not complied with
(1) The owner of a building
to which a dangerous building notice relates who during the period specified in
the notice fails to undertake any specified work shall be guilty of an offence
and liable to a fine.[232]
(2) In proceedings against
a person for the offence it shall be a defence to show that the person took all
reasonable measures to secure compliance with the notice.
(3) An offence under
paragraph (1) may be charged by reference to a day or any longer period of
time and a person may be convicted of a second offence or subsequent offences
under paragraph (1) by reference to any period of time following the
preceding conviction for such an offence.
(4) If –
(a) a
person charged with an offence under paragraph (1) has not been served
with a copy of the dangerous building notice; and
(b) the
notice is not contained in the Register of Dangerous Building Notices,
it shall be a defence to show that the person was not aware of the
existence of the notice.
(5) In determining the
amount of any fine to be imposed on a person convicted of an offence under this
Article, the court shall in particular have regard to any financial benefit
which has accrued or appears likely to accrue or could have accrued to the
person in consequence of the offence.
71 Minister
may take immediate action to ensure safety
(1) This Article applies
where it appears to the Minister –
(a) that
a building is in a dangerous condition or is being used to carry such a load or
in a manner so as to be dangerous; and
(b) that
immediate action is necessary to remove or reduce the danger.
(2) Where this Article
applies the Minister may, as soon as practicable and whether or not the
Minister serves a dangerous building notice, enter the building and undertake
work necessary to reduce or remove the danger.
(3) If the Minister decides
to act in accordance with paragraph (2) the Minister shall serve notice of
his or her decision on the owner of the building and (if different) its
occupier but it is not a requirement that the notice be served before the
building is entered and the work undertaken.
(4) The Minister may
recover the costs reasonably incurred in taking action under paragraph (2)
from the owner of the building as a debt due to the Minister.
72 No
compensation payable
Action taken by the Minister or Chief Officer under this Chapter
does not give any person the right to claim compensation in respect of any loss
or damage the person may suffer as a result of that action.[233]
73 Planning
permission and building permission
(1) Work undertaken in
compliance with a dangerous building notice shall be undertaken in compliance
with any requirement imposed by or under this or any other enactment applicable
to the construction and functional requirements of buildings.
(2) In so far as it is
required, planning and building permission shall be taken to have been granted
to undertake work in compliance with a dangerous building notice.
74 Minister
to maintain Register of Dangerous Building Notices
(1) The Minister shall
maintain a register, called the Register of Dangerous Building Notices,
containing details of each dangerous building notice it serves.
(2) The Minister shall make
the register available for inspection by the public at all reasonable hours.
Chapter
4 - Control of advertisements
75 Interpretation
- advertisements
(1) In this Chapter
“advertisement” means a word, letter, model, sign, placard, board,
notice, awning, blind, device or representation, whether illuminated or not, in
the nature of and employed wholly or partly for the purpose of –
(a) advertisement;
(b) announcement;
or
(c) direction.
(2) In this Chapter
“Order” means an Order made in accordance with this Chapter.
76 Minister
may make Orders to control advertisements
(1) The Minister may by
Order restrict or regulate the display of advertisements to ensure that
Jersey’s amenities are not spoilt.
(2) In particular an Order
may –
(a) regulate
the dimensions, appearance and position of advertisements, the sites on which
they may be displayed, and the manner in which they may be affixed to land;
(b) require
permission to be obtained for the display of advertisements, or of
advertisements of a specified class, or of advertisements in a particular area
or in a specified type of area;
(c) make
different provision with respect to different areas of the Island;
(d) make
special provision with respect to advertisements or prohibit their display in
areas of the Island that appear to the Minister to require special protection
on grounds of amenity;
(e) make
provision as to the period within which advertisements may be displayed, being
no longer than the period ending 3 years after the date of the grant of
permission.[234]
77 Order
may apply to existing advertisements
(1) An Order may be made to
apply –
(a) to
advertisements that are being displayed on the date on which the Order comes
into force; and
(b) to
the use for the display of an advertisement of a site that was being used for
that purpose on that date.
(2) An Order to which
paragraph (1) applies shall allow sufficient time for compliance with the
Order and shall provide for the payment by the Minister of compensation in
appropriate cases.
78 Penalty
for contravention of Order
(1) A person who displays
an advertisement contrary to the provisions of an Order shall be guilty of an
offence and liable to a fine of level 2 on the standard scale.[235]
(2) A person who fails to
comply with a notice served by the Chief Officer requiring the
person –
(a) to
remove an advertisement displayed by the person in contravention of an Order;
or
(b) to
discontinue the use by the person of a site to display an advertisement in
contravention of an Order,
before the date specified in the notice for compliance, shall be
guilty of an offence and liable to a fine of level 2 on the standard scale.[236]
(3) An offence under
paragraph (1) or (2) may be charged by reference to a day or any longer
period of time and a person may be convicted of a second offence or subsequent
offences under paragraph (1) or (2) by reference to any period of time
following the preceding conviction for such an offence.
(4) Without prejudice to
the generality of paragraph (1), a person shall be taken to display an
advertisement if the advertisement –
(a) is displayed
on land the person owns or occupies;
(b) gives
publicity to the person’s goods, trade, business or other concerns; or
(c) gives
publicity to the person’s candidature for election to a public or
parochial office.
(5) It shall be a defence
for a person charged with an offence under paragraph (1) to prove that the
advertisement was displayed without the person’s knowledge or consent.
79 Minister
may remove or obliterate advertisement
(1) The Minister may remove
or obliterate an advertisement that in the Minister’s opinion is
displayed in contravention of an Order and recover, as a debt due to the
Minister, the cost of doing so from the person displaying the advertisement.
(2) Action taken by the
Minister under paragraph (1) does not give any person the right to claim
compensation in respect of any loss or damage the person may suffer as a result
of that action.
Chapter
5 - Control of moveable structures
80 Moveable
structures defined
(1) In this Chapter the
term “moveable structure” means a structure the placing of which
in, on, over or under land does not constitute development of the land.
(2) It includes, for
example, a marquee, tent, caravan or other conveyance, with or without wheels,
a flagpole, or radio or television mast temporarily placed upon land.
(3) In this Chapter
“Order” means an Order made in accordance with this Chapter.
81 Minister
may make Orders in respect of moveable structures
(1) The Minister may by
Order regulate or restrict the erection, stationing and use of moveable
structures –
(a) to
ensure that Jersey’s amenities are not spoilt; and
(b) to
secure the health, safety and welfare of people in or about moveable
structures.
(2) The Order may, in
particular –
(a) require
permission to be obtained for the erection, stationing and use of moveable
structures;
(b) include
provisions to prevent nuisances that may arise from moveable structures; and
(c) make
provision as to the period during which any permission is to subsist, being no
longer than the period ending 3 years after the date of the grant of
permission.[237]
(3) The Order may be made
to apply to all moveable structures or to moveable structures specified in the
Order.
82 Penalty
for contravening an Order
(1) A person who
contravenes an Order shall be guilty of an offence and liable to a fine of
level 2 on the standard scale.
(2) A person who fails to
comply with a notice served by the Chief Officer requiring the
person –
(a) to
remove a mobile structure placed on land in contravention of an Order; or
(b) to
discontinue the use by the person of land for the placement of a mobile
structure in contravention of an Order,
before the date specified in the notice for compliance, shall be
guilty of an offence and liable to a fine of level 2 on the standard scale.[238]
(3) An offence under paragraph (1)
or (2) may be charged by reference to a day or any longer period of time and a
person may be convicted of a second offence or subsequent offences under
paragraph (1) or (2) by reference to any period of time following the
preceding conviction for such an offence.
Chapter
6 - Control of land condition
83 Interpretation
- land condition
(1) In this
Chapter –
“land condition notice” means a notice served in
accordance with an Article of this Chapter;
“work to be undertaken” includes steps to be taken.[239]
(2) Where in accordance
with this Chapter a notice is not served on a person but is instead displayed
it shall be taken to have been served on –
(a) the
owner of the land on which it is displayed and (if different) the occupier of
the land; and
(b) any
owner, as the case may be, of the building, caravan, vegetation or disused
vehicle on or in respect of which the notice is displayed.
84 Notice
requiring repair or removal of ruinous or dilapidated buildings[240]
(1) If it appears to the Chief
Officer that a building is in a ruinous or dilapidated condition the Chief
Officer may serve a notice requiring that the building or a specified part of
it be demolished, repaired, decorated or otherwise improved and that any
resulting rubbish be removed.[241]
(2) The notice shall be
served –
(a) on
the owner of the land on which the building is situated; or
(b) by
displaying it in a conspicuous place on or near the building.
85 Notice
requiring action to be taken in respect of drainage nuisance[242]
(1) If it appears to the Chief
Officer that the drainage or lack of drainage of a building is a danger to
health or a nuisance the Chief Officer may serve a notice requiring that
measures specified in the notice be taken to eliminate the danger or nuisance.[243]
(2) The notice shall be
served –
(a) on
the owner of the land on which the building is situated and (if different) its
occupier; or
(b) by
displaying it in a conspicuous place on or near the building.
(3) In this Article
“drainage”, in respect of a building, includes a cesspool, private
sewer, septic tank, drain, soil pipe, rainwater pipe and other necessary
drainage facilities in respect of the building.
86 Notice
requiring proper maintenance of land, etc.[244]
(1) If it appears to the Chief
Officer that the amenities of a part of Jersey are being adversely affected by
the condition or use of any land, the Chief Officer may serve a notice
requiring work specified in the notice be undertaken to abate the injury.[245]
(2) The notice shall be
served –
(a) on
the owner of the land and (if different) its occupier; or
(b) by
displaying it in a conspicuous place on the land.
87 Notice
requiring removal of caravans[246]
(1) If it appears to the Chief
Officer that for amenity reasons a caravan should not be on a particular area
of land the Chief Officer may serve a notice requiring the removal of the
caravan to outside the area specified in the notice.[247]
(2) The notice shall be
served –
(a) on
the owner or other person for the time being in control of the caravan, or the
owner and (if different) the occupier of the land on which the caravan is
situated; or
(b) by
displaying it in a conspicuous place on or near the caravan.
88 Notice
requiring action to be taken in respect of dumps[248]
(1) If it appears to the Chief
Officer that for amenity reasons action should be taken in respect of a dump
the Chief Officer may serve a notice requiring the dump to be dealt with in the
manner specified in the notice.[249]
(2) The notice shall be
served –
(a) on
the owner of the land on which the dump is situated and (if different) the
occupier of the land; or
(b) by
displaying it in a conspicuous place on or near the dump.
89 Notice
requiring action in respect of disused vehicles[250]
(1) If it appears to the Chief
Officer that for amenity reasons a disused vehicle should be moved or otherwise
disposed of the Chief Officer may serve a notice requiring the vehicle to be
dealt with in the manner specified in the notice.[251]
(2) The notice shall be
served –
(a) on
the owner of the land on which the vehicle is situated or (if different) the
occupier;
(b) the
owner of the vehicle; or
(c) by
displaying it in a conspicuous place on or near the vehicle.
(3) In this Article
“disused vehicle” means anything constructed for use as a vehicle
or as part of a vehicle (including wheeled or tracked equipment) which is not
normally being so used and whether or not it is capable of being so used.
90 Notice
requiring vegetation to be replaced or removed[252]
(1) If it appears to the Chief
Officer that the amenities of a part of Jersey are being adversely affected by
the removal or destruction of vegetation the Chief Officer may serve a notice
requiring –
(a) the
removal or destruction to stop; and
(b) that
other vegetation of a type and species be planted in a place on that land as
specified in the notice.[253]
(2) If it appears to the Chief
Officer that the amenities of an area of land in Jersey are being or are likely
to be adversely affected by the presence of vegetation on adjoining land owned
by some other person the Chief Officer may serve a notice
requiring –
(a) the
removal of the vegetation or any part of it; or
(b) that
other action specified in the notice be taken in respect of the vegetation.[254]
(3) The notice shall be
served –
(a) on
the owner of the land on which the vegetation is growing or (if different) the
occupier of the land; or
(b) by
displaying it in a conspicuous place on or near the vegetation.
91 Contents
of land condition notice
(1) A land condition notice
shall specify in sufficient detail the work to be undertaken and the period
within which that work is to be undertaken.
(2) The period shall be a
period that is reasonable having regard to what is required.
(3) A person who removes or
defaces a land condition notice displayed in accordance with this Chapter
without lawful authority shall be guilty of an offence and liable to a fine of
level 2 on the standard scale.
92 Variation
or withdrawal of land condition notice[255]
(1) A land condition notice
may be withdrawn.
(2) A requirement (including
in particular any period specified for the undertaking of work) in a land
condition notice may be relaxed or waived.
(3) Notice of the
relaxation or waiver shall immediately be served –
(a) in a
case where the land condition notice was served on a person, on each person who
was served with the land condition notice; or
(b) in a
case where the land condition notice was served by being conspicuously
displayed at a place, by displaying an amended notice at the same place.
(4) The withdrawal of a land
condition notice shall not prejudice a further exercise of the power to serve
another such notice.
93 Penalty
for failure to comply with land condition notice
(1) A person who fails to
undertake the work specified in a land condition notice served on the person in
accordance with this Chapter before the end of the period for compliance
specified in the notice shall be guilty of an offence and liable to a fine.
(2) In proceedings against
a person for an offence under paragraph (1) it shall be a defence for the
person to show that all reasonable measures to secure compliance with the
notice were taken.
(3) An offence under
paragraph (1) may be charged by reference to a day or any longer period of
time and a person may be convicted of a second offence or subsequent offences
under paragraph (1) by reference to any period of time following the
preceding conviction for such an offence.
(4) If –
(a) a
person charged with an offence under paragraph (1) has not been served
with a copy of the land condition notice; and
(b) the
notice is not contained in the Register of Land Condition Notices,
it shall be a defence to show that the person was not aware of the
existence of the notice.
(5) In determining the
amount of any fine to be imposed on a person convicted of an offence under this
Article, the court shall in particular have regard to any financial benefit
which has accrued or appears likely to accrue or could have accrued to the
person in consequence of the offence.
94 Minister
may undertake work, etc.
If a person fails to undertake the work specified in a land
condition notice before the end of the period of compliance specified in the
notice then, whether or not the person is convicted of an offence under Article 93,
the Minister may –
(a) undertake the work; and
(b) recover from that
person, as a debt due to the Minister, the expenses reasonably incurred by the
Minister in doing so.
95 No
compensation payable
Action taken by the Minister or Chief Officer under this Chapter
does not give any person the right to claim compensation in respect of any loss
or damage the person may suffer as a result of that action.[256]
96 Planning
permission and building permission
(1) Work undertaken in
compliance with a land condition notice shall be undertaken in compliance with
any requirement imposed by or under this or any other enactment applicable to
the construction and functional requirements of buildings.
(2) In so far as it is
required, planning and building permission shall be taken to have been granted
to undertake work in compliance with a land condition notice.
97 Minister
to maintain Register of Land Condition Notices
(1) The Minister shall
maintain a register, called the Register of Land Condition Notices, containing
details of each land condition notice the Minister serves.
(2) The Minister shall make
the register available for inspection by the public at all reasonable hours.
Chapter
7 - Controls on caravans
98 Definitions
in respect of caravans[257]
In this Chapter “caravan” means –
(a) a structure designed or
adapted for human habitation which is capable of being moved from place to
place (whether by being towed, or by being transported on a motor vehicle or
trailer); and
(b) a motor vehicle
designed or adapted for human habitation,
but does not include a tent ; and
“Order” means an Order under this Chapter.
99 Control
of importation and use of caravans[258]
(A1) The Minister may by Order regulate
or restrict –
(a) the
importation of caravans into Jersey; and
(b) the
stationing and use of caravans in Jersey.[259]
(A2) An Order may further and in
particular –
(a) require
permission to be obtained for the importation, stationing or use of caravans;
and
(b) include
provision to prevent nuisances that may arise from caravans.[260]
(A3) The Order may be made to apply to
all caravans or to caravans or types of caravan specified in the Order.[261]
(1) A person shall
not –
(a) import
a caravan into the Island; or
(b) use a
caravan on the Island,
except with and in accordance with permission to do so granted by
the Order or, where required under the Order, by the Chief Officer.[262]
(2) The application for
permission shall –
(a) be in
the form required by the Chief Officer;
(b) contain,
or be accompanied by, such particulars as may reasonably be required to
determine the application; and
(c) be
accompanied by the prescribed fee.[263]
100 Offence of
importing, etc. caravan without permission[264]
(1) A person who
contravenes Article 99 shall be guilty of an offence and liable to a fine
of level 2 on the standard scale.
(2) A person shall be
guilty of an offence under paragraph (1) if, when importing a caravan or
using a caravan in Jersey, the person contravenes any condition subject to
which the permission to do so was granted.
(3) An offence under
paragraph (1) may be charged by reference to a day or any longer period of
time and a person may be convicted of a second offence or subsequent offences
under paragraph (1) by reference to any period of time following the
preceding conviction for such an offence.
101 Conditions
on importation and use of caravan
(1) Conditions may be
attached to the grant of permission to import a caravan or to use a caravan on
the Island.[265]
(2) Conditions attached
under paragraph (1) shall fairly and reasonably relate to the importation
of the caravan or the use of the caravan in Jersey.[266]
(3) A condition attached to
the grant of permission under this Article to import a caravan or to use one in
Jersey binds any person for the time being having the control of or an interest
in the caravan and is enforceable against such a person.[267]
102 Minister may
require caravan to be exported
If a person is convicted of an offence under Article 100 in
respect of a caravan the Minister may, by notice served on its owner or the
person for the time being having charge of it, require the caravan to be
exported from Jersey within the period for compliance specified in the notice.
103 Caravan may
be forfeited to Minister
(1) If a caravan is not
exported from Jersey within the period for compliance specified in a notice
under Article 102 the caravan is forfeited to the Minister on the
termination of that period and becomes the property of the Minister which may
retain it or dispose of it as the Minister thinks fit.
(2) A notice served in
accordance with Article 102 shall draw the attention of the person upon
whom it is served to the provisions of paragraph (1).
(3) If a caravan that has
been forfeited to the Minister in accordance with paragraph (1) is seized
by the Minister otherwise than from or in the presence of its owner or the
owner’s agent, the Minister shall serve on the owner or the owner’s
agent notice of the seizure specifying the grounds for the seizure.
104 Minister may
seize and retain caravan
(1) This Article applies
where the Minister is satisfied that –
(a) a
caravan has been imported into Jersey without the Minister’s permission;
or
(b) a
caravan has been imported or is being used in Jersey without compliance with a
condition subject to which the Minister’s permission to import or use the
caravan was granted.
(2) Where this Article applies
the Minister may seize and retain possession of the caravan.
(3) The Minister may retain
possession of the caravan for 2 months unless during that
period –
(a) the
owner or person having possession of the caravan at the time of the seizure
exports the caravan from Jersey; or
(b) if
the owner or person having possession of the caravan at the time of the seizure
is charged with an offence under Article 100, that charge is determined.
(4) If in respect of the
charge referred to in paragraph (3)(b) a person is found guilty of an
offence under Article 100, the Minister may retain possession of the
caravan until it is exported from Jersey in accordance with a notice served in
accordance with Article 102.
Chapter
8 - Control of rubbish
105 Person shall
not deposit rubbish
(1) A person shall not
without lawful authority place rubbish on land - whether private land, land
used by the public or land covered by water.
(2) A person who
contravenes paragraph (1) shall be guilty of an offence and liable to a
fine.
(3) In determining the
amount of any fine the court shall, in particular, have regard to –
(a) any
financial benefit which has accrued or appears likely to accrue or could have
accrued to the person in consequence of the offence;
(b) the
type of rubbish placed on the land;
(c) the
amount of the rubbish placed on the land;
(d) any
damage the rubbish caused or was capable of causing to the environment; and
(e) the
cost of clearing the rubbish and making good any damage caused by it.
(4) In this Article rubbish
includes refuse and waste material, and whether in solid or liquid form.
PART 7[268]
APPEALS
106 Interpretation
and application of Part 7[269]
(1) In this
Part –
“appellant” means a person aggrieved who brings an
appeal under any of Articles 108 to 111;
“document”, unless otherwise indicated, includes a map
or plan, and a copy of a document in paper or electronic form;
“Greffier” means the Judicial Greffier;
“inspector” means an inspector appointed for the
purposes of this Part under Article 107;
“interested party” means, according to the context, all
or any of the following –
(a) the
appellant;
(b) a
third party;
(c) a
person who, in respect of the same or a related matter as that which is the
subject of the appeal in question, has made a representation in writing prior
to the decision against which that appeal is brought;
(d) the
occupier of any property which is the subject of the appeal in question, where
such person is not the appellant;
(e) the
decision-maker;
“Jersey Appointments Commission” means the body of that
name established under Article 17 of the Employment of States of
Jersey Employees (Jersey) Law 2005;
“third party” has the meaning given by Article 108(4).
(2) Reference in this Part to
the “decision-maker” is to the person who is entitled under this
Law to –
(a) make
a decision against which a right of appeal lies under Article 108;
(b) serve
a notice in respect of which a right of appeal lies under Article 109;
(c) impose
a condition against which a right of appeal lies under Article 110; or
(d) exercise
the right to enter a dangerous building and undertake work, against which a
right of appeal lies under Article 111;
and who, in any particular case, has made the decision, served the
notice or imposed the condition duly appealed against under this Part.
(3) For the purposes of
this Part and unless otherwise appearing, a reference to a “decision”
includes reference to a refusal, and reference to a “refusal”
includes a failure deemed by Article 21A(3) to be a refusal.
(4) This Part shall
apply without prejudice to the right of any applicant to request a review by
the Planning Committee under Article 22A.[270]
107 Appointment
of inspectors[271]
(1) There shall be appointed
such number of persons as the States may direct being persons who are, to the
satisfaction of the Jersey Appointments Commission, capable of acting and
willing to act as inspectors for the purposes of this Part.[272]
(2) Appointments under
paragraph (1) shall be made by the Minister following recommendations made
for the purpose by the Jersey Appointments Commission.
(3) The list of persons so
appointed shall be made available for public inspection at all reasonable
hours.
108 Right to
appeal against certain decisions, and persons who may appeal[273]
(1) A person aggrieved by a
decision of a kind listed in paragraph (2) may appeal against that
decision.
(2) The following decisions
are those against which an appeal lies under paragraph (1) –
(a) a
decision to grant planning permission under Article 19(3) or (4);
(b) a
refusal under Article 19(5) to grant planning permission;
(ba) a decision under
Article 19(6) to grant or to refuse permission in relation to matters
reserved for further approval;
(c) a
refusal under Article 20(3) –
(i) to grant planning
permission for development already undertaken, or
(ii) to
amend planning permission already granted;
(d) a
refusal under Article 21(4) to amend planning permission already granted
so as to remove or vary a condition of that permission;
(e) a
decision under Article 10(2)(a) or Article 27 to revoke or modify
planning permission already granted;
(f) a
refusal to issue a certificate of completion under Article 28(1);
(g) a
refusal under Article 35(4) to grant building permission;
(h) a
decision under Article 51(2) to include a building or place on the List of
Sites of Special Interest;
(i) a
refusal to remove a building or place from the List in accordance with Article 52(6);
(j) a
refusal to grant permission to undertake an operation or make a change of use
to which Article 54 applies;
(k) a
refusal to grant permission under Article 55(3)(a) to undertake an
activity to which Article 55 applies;
(l) a
decision under Article 58(2) to include a tree on the List of Protected
Trees or under Article 59(6)(b) to remove a tree from that List;
(m) a refusal
to grant permission to undertake, in relation to a protected tree, an activity
specified in Article 61(1)(a);
(n) a
refusal under Article 99(1) to grant permission to import or use a
caravan.[274]
(3) In paragraph (1)
of this Article, “person aggrieved” means –
(a) for
the purposes of an appeal against a decision mentioned in paragraph (2)(a),
the applicant for planning permission and any third party;
(aa) for the purposes of
an appeal against a decision to grant permission mentioned in paragraph (2)(ba),
the applicant and any third party;
(b) for
the purposes of an appeal against a decision mentioned in paragraph (2)(e),
the applicant, the owner and (where different) the occupier of the land to
which the planning permission relates;
(c) for
the purposes of an appeal against a decision mentioned in paragraph (2)(h)
to (m), the owner and (where different) the occupier of the land on which the
building or, as the case may be, the tree in question is situated;
(d) for
the purposes of an appeal against a decision mentioned in paragraph (2)(n),
the owner of the caravan in question;
(e) for
the purposes of all other appeals to which this Article applies, the applicant.[275]
(4) For the purposes of
paragraph (3)(a), “third party” means a person, a Parish or a
department of the government of Jersey, who is not the applicant and
who –
(a) has
an interest in, or is resident on, land any part of which lies within
50 metres of any part of the site to which an application for planning
permission relates; and
(b) prior
to the determination of that application, made a representation in writing in
respect of it.[276]
109 Right to
appeal against certain notices, and grounds of appeal[277]
(1) This Article applies in
respect of the following types of notice under this Law –
(a) a
notice served under Article 5(4) declaring that the deposit of refuse or
waste material will constitute development;
(b) a
notice served under Article 10(2)(b) requiring work to be undertaken or a
development to be modified;
(c) a
notice served under Article 26(2) terminating planning permission by
reference to a time limit;
(d) an
enforcement notice served under Article 40(2);
(e) a
stop notice served under Article 45(2);
(f) a
notice served under Article 47(2) to enforce a condition of planning or
building permission;
(g) a
notice served under Article 54(7) requiring an injury to a site of special
interest to be made good;
(h) a
dangerous building notice served under Article 66(2);
(i) a
land condition notice served under an Article of Chapter 6 of Part 6.
(2) A person aggrieved by a
notice in respect of which this Article applies may appeal against the notice
on all or any of the following grounds, namely –
(a) that
the matters alleged in the notice are not subject to control by this Law;
(b) that
permission has already been granted under this Law in respect of the matters
alleged in the notice;
(c) that
at the date of service of the notice no or no expedient action could be taken
to remedy the alleged breach;
(d) that
the person was not the proper person to be served with such a notice;
(e) that
the matters alleged in the notice have not in fact occurred;
(f) that
the requirements of or conditions in the notice exceed what is reasonably
necessary to remedy any alleged breach of control or make good any injury to
amenity;
(g) without
prejudice to the generality of sub-paragraph (f), that any time period
imposed by the notice for compliance with its requirements falls short of the time
which should reasonably be allowed for such compliance;
(h) subject
to paragraph (4), where the notice is an enforcement notice served under
Article 40(2), that in all the circumstances planning or (as the case may
be) building permission should be granted in respect of the development in
question;
(i) where
the notice is a notice served under Article 47(2), that the condition with
which compliance is required by the notice should be discharged.
(3) Where an appeal is
brought on any ground stated in paragraph (2), the appellant shall not be
entitled to allege, in any further or other proceedings instituted after the
appeal, that the notice which is the subject of the appeal was not duly served.
(4) An appeal may not be
brought on the ground stated in paragraph (2)(h) unless the notice of
appeal is accompanied –
(a) in
addition to any fee prescribed under Article 112(2)(b), by the fee
prescribed under Article 9(3)(a) in relation to an application for
planning permission;
(b) where
the appellant is not the owner of the land in question, by a certificate as
required by Article 9(3)(b).
(5) In this Article, a “person
aggrieved” is the person on whom the notice in question is served.
110 Right to
appeal against certain conditions[278]
(1) This Article applies in
respect of conditions attached to a grant of permission under any of the
following provisions of this Law –
(a) a
condition attached under Article 23 to a grant of planning permission (a “planning
condition”);
(b) a
condition attached under Article 37 to a grant of building permission (a “building
condition”);
(c) a
condition attached under Article 55(6) to a grant of permission to
undertake a restricted activity on a site of special interest (a “restricted
activity condition”);
(d) a
condition attached under Article 101(1) on the importation or use of a
caravan.
(2) A person aggrieved by a
condition in respect of which this Article applies may appeal against the
condition on such of the following grounds as apply in respect of the
particular condition in question, namely –
(a) in
respect of a planning condition, that the condition does not fairly and
reasonably relate to the proposed development;
(b) in
respect of a building condition, that the condition does not fairly and
reasonably relate to the proposed prescribed building work;
(c) in
respect of a restricted activity condition, that the condition does not fairly
and reasonably relate to the protection of the special interest of the site;
(d) in
respect of a condition attached under Article 101(1), that the condition
does not fairly and reasonably relate to the importation of the caravan or (as
the case may be) the use of the caravan in Jersey.
(3) In this Article, a “person
aggrieved” is the person to whom the permission in question is granted.
111 Right to
appeal against entry into building[279]
(1) This Article applies in
respect of an entry under Article 71 to a building appearing to the
Minister to be dangerous and in respect of the undertaking of work under that
Article.
(2) A person aggrieved by a
matter in respect of which this Article applies may appeal against it on all or
any of the following grounds, namely –
(a) that
the building in question is not immediately dangerous as alleged;
(b) that
the entry was unjustified, for the reason given in sub-paragraph (a) or
any other reason; or
(c) that
the extent or nature of the work undertaken was unreasonable.
(3) In this Article, a “person
aggrieved” is a person on whom a notice may be served under Article 71(3).
112 Notice of
appeal: proper form, time limits and fee[280]
(1) An appeal under this
Part must be made by notice of appeal duly given in accordance with this
Article.
(2) A notice of appeal
must –
(a) be in
such form as shall be prescribed for that purpose;
(b) be
accompanied by the prescribed fee; and
(c) contain
or be accompanied by such further particulars as may be prescribed or as may
reasonably be required by the Greffier.
(3) The notice of appeal
must be received by the Greffier no later than the end of the period of
28 days beginning –
(a) in
the case of an appeal under Article 108, with the date of the decision
against which the appeal is made;
(b) in
the case of an appeal under Article 109, with the date of issue of the
notice containing the requirement or condition against which the appeal is made;
or
(c) in
the case of an appeal under Article 110, with the date of grant of the
permission containing the condition against which the appeal is made;
(d) in
the case of an appeal under Article 111, with the date of the entry in
respect of which the appeal is made.
(4) Where the Greffier
receives a notice of appeal which fails to comply with any of the requirements
imposed by paragraph (2), the Greffier may –
(a) reject
the notice, and in such a case no appeal shall lie under this Part or
otherwise against that rejection; or
(b) may
invite the appellant to remedy any defect in the notice by submitting, within
the period of 14 days beginning with the date of the invitation, such
further material (including any fee or additional fee) as the Greffier may request.
(5) Without prejudice to
paragraph (3), the Greffier may grant an extension of the period in that
paragraph, if –
(a) the
Greffier considers it reasonable to do so; and
(b) the
request for an extension is received by the Greffier no later than the end of
that period.[281]
(6) A person aggrieved by a
decision of the Greffier under paragraph (5) may appeal against that
decision to the Royal Court.[282]
(7) In paragraph (6) a
“person aggrieved” means the person requesting the extension and,
where that person is not the applicant for planning permission, the applicant.[283]
(8) An appeal under
paragraph (6) must be made within 28 days beginning with the date of
the refusal, and on hearing the appeal the Royal Court may –
(a) confirm
or quash the decision of the Greffier; or
(b) remit
the decision to the Greffier to be retaken.[284]
(9) The power to make rules
of court under Article 13 of the Royal Court (Jersey)
Law 1948 includes power to make rules regulating practice and procedure in
relation to appeals under paragraph (6).[285]
113 Registration
of appeal, nomination of inspector etc. by the Greffier[286]
(1) Upon receipt of a
notice of appeal in accordance with Article 112, the Greffier
shall –
(a) notify
the decision-maker that an appeal has been registered;
(b) invite
each interested party to submit all documents relevant to the decision appealed
against, and any supplementary statement, by no later than the end of the
period of 28 days beginning with the date of the invitation;
(c) ensure
that the appeal is publicised, and provision is made for representations to be
provided by members of the public, in the same manner as prescribed under
Article 11 in relation to an application for planning permission in the
first instance; and
(d) nominate
an inspector to conduct the appeal, from the list of persons appointed for that
purpose under Article 107.[287]
(2) As soon as practicable
after the end of the period mentioned in paragraph (1)(b), the Greffier
shall –
(a)
(b) in
the case of an appeal proceeding by way of written representations, take all
necessary steps for the due administration of any prescribed procedure,
including notifying all interested parties of the identity of the nominated
inspector;
(c) in
the case of an appeal proceeding by way of a hearing, take all necessary steps
for conducting the hearing and for notifying all interested parties of the
date, time and place of the hearing;
(d) obtain,
and send to the inspector, all documents necessary for the proper determination
of the appeal.[288]
(3) A supplementary
statement under paragraph (1)(b) and any response to such a statement
shall be in writing and in the form (if any) which may be prescribed for the
purpose.
(4) Any document received
from one interested party shall be circulated by the Greffier to all other
interested parties without undue delay, and in any case no later than the time
when such a document is sent by the Greffier to the inspector.
(5) The appellant may
withdraw the appeal by notice in writing given to the Greffier at any time.
114 Appeal procedures[289]
(1) Subject to paragraphs (2),
(3) and (6), the following kinds of appeal shall be determined by way of
consideration of written representations –
(a) an
appeal under Article 108(2)(b) against a refusal to grant planning
permission;
(b) an
appeal under Article 110(1)(a) against a condition attached to a grant of
planning permission;
(c) an
appeal under Article 108(2)(f) against a refusal to grant a certificate of
completion;
(d) an appeal
under Article 108(2)(g) against a refusal to grant building permission;
(e) an
appeal under Article 110(1)(b) against a condition attached to a grant of
building permission;
(f) an
appeal under Article 108(2)(h) against a decision to include a building or
place on the List of Sites of Special Interest;
(g) an
appeal under Article 108(2)(k) against a refusal to grant permission in
relation to an activity on a Site of Special Interest;
(h) an
appeal under Article 108(2)(l) against a decision to include a tree on the
List of Protected Trees;
(i) an
appeal under Article 108(2)(n) against a refusal to grant permission to
import or use a caravan; and
(j) an
appeal under Article 110(1)(d) against a condition attached on the
importation or use of a caravan.
(2) An appeal of a kind
mentioned in sub-paragraph (a) or (b) of paragraph (1) may be
determined on the basis of written representations only in a case where
either –
(a) no
representations, except representations by statutory bodies in accordance with
Articles 14 to 17, have been made in relation to the application which
gave rise to the appeal; or
(b) the
parties, and the inspector, have agreed to the determination of the appeal on
that basis.[290]
(3) An inspector nominated
to hear a particular appeal of a kind listed in paragraph (1) may,
notwithstanding that paragraph, deal with the appeal by way of a
hearing –
(a) on
the application of any party; or
(b) on
his or her own motion,
but in either case following consultation with all the parties.
(4) Subject to paragraphs (5)
and (6), appeals of all kinds other than those listed in paragraph (1)
shall be determined by way of an appeal hearing.
(5) An inspector nominated
to hear a particular appeal of a kind not listed in paragraph (1) may,
notwithstanding that paragraph, deal with the appeal by way of written
representations –
(a) on
the application of any party; or
(b) on
his or her own motion,
but in either case following consultation with all the parties.
(6) An inspector nominated
to hear a particular appeal of any kind may, if the inspector considers that
any of the issues in that appeal should be more properly addressed by way of a
public inquiry, make a recommendation to such effect to the Minister.
(7) If the Minister
declines to accept a recommendation by an inspector under paragraph (6),
the appeal shall be determined under paragraph (1) or paragraph (4)
(as the case may be) as though paragraph (6) were of no effect.
(8) For the purposes of
this Article, “parties” means –
(a) the
appellant;
(b) (where
different) the applicant; and
(c) the
decision-maker.[291]
115 Conduct of
appeal by inspector[292]
(1) The inspector shall,
without undue delay, consider the appeal and all supplementary statements and
other documents provided under Article 113 in relation to the appeal.
(2) In considering an
appeal by way of written representations the inspector shall take into account
all representations duly received from the appellant, the decision-maker, and
any other interested parties.
(3) In relation to the conduct
of an appeal hearing the inspector may determine all matters of procedure,
including but not limited to –
(a) the
use of cross-examination;
(b) the
use and admissibility of expert evidence; and
(c) the
exclusion of any person from the hearing in the interests of good order.
(4) For the purposes of
this Article the inspector may –
(a) impose
any reasonable conditions (including, but not limited to, conditions as to the
contents of any evidence, number of witnesses, duration of a hearing, or number
and length of supplementary statements);
(b) invite
any Minister or other body or person to provide expert advice or opinion
(whether or not that Minister, body or person has previously given evidence, or
been acknowledged as a party interested, in the appeal in question);
(c) hold
a meeting of such parties and for the purpose of investigating such issues as
the inspector may determine;
(d) request
from any interested party such further and better particulars (whether in
writing or by way of oral evidence at a hearing) as the inspector may
reasonably require to reach a decision;
(e) carry
out an inspection of the site to which the appeal relates.
(5) Following the
consideration of written representations or (as the case may be) the appeal
hearing, the inspector shall make a report in writing to the Minister and the
report shall include –
(a) the
inspector’s recommendation as to the determination of the appeal; and
(b) the
reasons for such recommendation.
116 Minister’s
decision
on appeal, etc[293]
(1) Having considered the
inspector’s report under Article 115, the Minister shall determine
the appeal, and in so doing shall give effect to the inspector’s
recommendation unless the Minister is satisfied that there are reasons not to
do so.
(2) For the purposes of paragraph (1)
the Minister may –
(a) allow
the appeal in full or in part;
(b) refer
the appeal back to the inspector for further consideration of such issues as
the Minister shall specify;
(c) dismiss
the appeal; and
(d) reverse
or vary any part of the decision-maker’s decision.
(3) As soon as practicable
after the Minister has determined the appeal, the Minister shall give notice in
writing of the determination to –
(a) the
appellant;
(b) the
Greffier;
(c) the
decision-maker; and
(d) any
other interested party.
(4) The Minister shall make
reasonable arrangements for access by the persons mentioned in paragraph (3)
to the inspector’s report under Article 115, and the notice given by
the Minister under that paragraph shall include –
(a) details
of how copies of the inspector’s report may be obtained or where the
report may be viewed, or both, as the case may be; and
(b) if
and to the extent that the Minister does not give effect to the
inspector’s recommendation, the full reasons for the Minister’s
decision.
(5) No further appeal shall
lie from the Minister’s determination under this Article except to the
Royal Court on a point of law.[294]
(5A) An appeal under paragraph (5)
must be made within the period of 28 days beginning with the date of the
determination.[295]
(5B) On hearing the appeal the Royal
Court may –
(a) confirm
the determination of the Minister wholly or in part;
(b) quash
the determination of the Minister wholly or in part;
(c) remit
the determination, wholly or in part, to the Minister to be retaken.[296]
(6) The power to make rules
of court under Article 13 of the Royal Court (Jersey)
Law 1948 shall include the power to make rules regulating practice and
procedure in relation to appeals under paragraph (5) of this Article.[297]
(7) Where the Minister
refers an appeal back to the inspector under paragraph (2)(b), the
inspector shall as soon as practicable produce a supplementary report and
recommendation to the Minister, and –
(a) the
Minister shall thereupon determine the appeal; and
(b) this
Article, except for paragraph (2)(b), shall apply to that further
determination.
(8) Following the Minister’s
determination of an appeal under this Article, a reference in this Law to a
time period within which development or any operation must be begun is to be
construed as though that time period commences –
(a) where
an appeal against the determination is made to the Royal Court under paragraph (5),
on the date of the Royal Court’s final decision on that appeal; or
(b) in
any other case, on the date of the Minister’s determination of the
appeal.[298]
117 Effect
of certain appeals pending determination[299]
(1) Subject to paragraph (2),
in the case of any appeal under Article 108 the decision against which the
appeal is brought shall remain in effect until determination.
(2) In the case of an
appeal under Article 108(2)(a), the development permitted by the grant in
question shall not take place until determination.
(3) In the case of any
appeal under Article 109 except an appeal against a stop notice as
mentioned in Article 109(1)(e), the notice in respect of which that
Article applies shall cease to have effect until determination.
(4) In the case of an
appeal against a stop notice as mentioned in Article 109(1)(e), the stop
notice shall remain in effect until determination.
(5) In the case of an
appeal under Article 110, the condition in relation to which the appeal is
brought shall remain in effect until determination.
(6) In the case of an
appeal under Article 111 –
(a) the
Minister may direct that any work being undertaken shall cease; but
(b) if no
such direction is given and an appeal in respect of the work succeeds in whole
or in part, Article 72 shall not apply.
(7) In this Article, “determination”
means –
(a) determination
by the Minister in accordance with Article 116; or
(b) the
withdrawal of the appeal.
118 [300]
PART 8
POWER OF STATES TO ACQUIRE LAND BY COMPULSORY PURCHASE
119 Power of
States to acquire land
(1) The States may acquire
land by compulsory purchase in accordance with the Compulsory Purchase of Land
(Procedure) (Jersey) Law 1961 if the States are satisfied that the land should
be acquired for a purpose of this Law specified in Article 2.
(2) The Minister shall be
the acquiring authority within the meaning of the Compulsory Purchase of Land
(Procedure) (Jersey) Law 1961 in respect of land purchased in accordance with
paragraph (1).
(3) The power to acquire
land conferred by paragraph (1) includes the power –
(a) to
acquire a servitude or other right over land by the creation of a new servitude
or right; and
(b) to
extinguish or modify a servitude or other right over land.
(4) The Board of
Arbitrators in assessing the amount of compensation to be paid to a person in
respect of land compulsorily purchased under this Article shall set off against
the value of that land –
(a) any
increase in its value which the Board is satisfied is attributable to the
expenditure or proposed expenditure of public money; and
(b) any
increase in the value of other land owned by that person which the Board is
satisfied is attributable to the use to which the land compulsorily acquired is
to be put.
(5) The Board of
Arbitrators shall otherwise act in accordance with the rules laid down in
Article 10 of the Compulsory Purchase of Land
(Procedure) (Jersey) Law 1961.
PART 9
ADMINISTRATIVE PROVISIONS
120 Minister may
prescribe fees
(1) The Minister may by
Order prescribe fees payable under this Law.
(2) An Order under this
Article may provide for –
(a) specific
fees;
(b) maximum
fees, minimum fees or both;
(c) the
payment of fees generally, under specified conditions or in specified
circumstances;
(d) the
reduction, waiver or refund of fees, in whole or in part.
121 Service of
notices
(1) A notice to be served
under this Law on a body corporate may be served on the secretary or clerk of
the body corporate.
(2) Unless otherwise
specifically provided by this Law, a notice to be served under this Law on a
person may be served on that person –
(a) by
delivering it to the person;
(b) by
leaving it at the person’s proper address;
(c) by
registered post; or
(d) by
the recorded delivery service.
(3) For the purposes of
this Article, and of Article 7 of the Interpretation (Jersey)
Law 1954, in its application to this Article, the proper address of a person
is –
(a) in
the case of the secretary or clerk of a body corporate, the registered or
principal office of the body corporate; and
(b) in
any other case –
(i) the usual or
last-known place of abode of the person, or
(ii) if
the person has given an address for service, that address.[301]
(4) If it is not possible
to ascertain after reasonable enquiry the name or address of the owner, lessee
or occupier of land upon whom a notice under this Law is to be served, the
notice may be served –
(a) by
addressing it to the person upon whom it is to be served by the description of
“owner”, “lessee” or “occupier” of the land
(describing it) to which the notice relates; and
(b) by
delivering it to some responsible person resident or appearing to be resident
on the land, or, if there is no such person, by affixing it, or a copy of it,
to a conspicuous part of the land.[302]
122 Power of
entry
(1) A person authorized to
do so by the Minister may for a purpose of this Law enter land or a building to
inspect it, to survey it or to record information in respect of it.
(2) A person authorized to
do so by the Minister may enter land or a building to undertake on behalf of
the Minister any work the Minister is authorized to undertake under this Law.
(3) A person referred to in
paragraph (1) or (2) shall not enter land unless, if requested by a person
apparently in control of the land or building, the person produces
authorization from the Minister to do so.
(4) A person referred to in
paragraph (1) or (2) shall not enter land except at a reasonable time.
(5) A person who obstructs
or impedes a person referred to in paragraph (1) or (2) in the execution
of the person’s duties shall be guilty of an offence and liable to a fine
of level 3 on the standard scale.[303]
123 Offences by
bodies corporate
(1) If an offence under
this Law committed by a limited liability partnership or body corporate is
proved to have been committed with the consent or connivance of, or to be
attributable to neglect on the part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) a
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(2) If the affairs of a
body corporate are managed by its members, paragraph (1) shall apply in
relation to acts and defaults of a member in connection with the member’s
functions of management as if the member were a director of the body corporate.
124 Orders and
Building Bye-laws
(1) The Minister may by
Order or, as the case may be, Building Bye-laws prescribe anything which may be
prescribed under this Law.
(2) [304]
PART 10
APPLICATION OF THE LAW TO THE CROWN AND TO CROWN LAND
125 Interpretation
- the Crown and Crown land[305]
In this Part –
“Crown land” means land in which there is a Crown
interest;
“Crown interest” means an interest belonging to His
Majesty in right of the Crown, or belonging to a department of the government
of the United Kingdom or held in trust for His Majesty for the purpose of a
department of the government of the United Kingdom;
“department of the government of the United Kingdom”
includes any Minister of the Crown.
126 Application
of Law to the Crown and to Crown land
(1) Except as otherwise
provided by this Article, this Law applies to the Crown and to Crown land.
(2) The Island Plan may
include proposals relating to the use of Crown land.
(3) Nothing in this Law
renders the Crown liable to prosecution for an offence under this Law.
(4) Planning permission and
any required building permission shall be taken to have been granted to the
Crown in respect of development carried out by or on behalf of the Crown on
Crown land.
(5) Nothing in paragraph (4)
shall be taken as prohibiting the Crown from applying for planning permission
or building permission.
(6) The Minister shall not
have power under Article 119 to acquire by compulsory purchase a Crown
interest in land.
(7) A restriction or
requirement under a planning obligation shall not be enforceable in respect of
the Crown by injunction.
PART 11
REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
127 Interpretation
- Repeals, etc.
In this Part –
“1956 Law” means the Public Health (Control of
Buildings) (Jersey) Law 1956;
“1964 Law” means the Island Planning (Jersey)
Law 1964.
128 Repeals
(1) The 1956 Law and
the 1964 Law are repealed.
(2) The following Laws are
also repealed –
(a) the
Public Health (Control of Building) (Amendment) (Jersey) Law 1980;
(b) the
Public Health (Control of Building) (Amendment No. 2) (Jersey)
Law 1994;
(c) the
Public Health (Control of Building) (Amendment No. 3) (Jersey)
Law 1996;
(d) the
Island Planning (Amendment) (Jersey) Law 1979;
(e) the
Island Planning (Amendment No. 2) (Jersey) Law 1980;
(f) the
Island Planning (Amendment No. 3) (Jersey) Law 1983;
(g) the
Island Planning (Amendment No. 4) (Jersey) Law 1991;
(h) the
Island Planning (Amendment No. 5) (Jersey) Law 1993;
(i) the
Island Planning (Amendment No. 6) (Jersey) Law 1996;
(j) the
Building Bye-laws (Validation) (Jersey) Law 1997;
(k) the Island
Planning (Fees) (Validation) Law 1997.
129 Savings
(1) Anything done under
the 1956 Law or the 1964 Law that could have been done under this
Law, was not invalidated on the repeal of the 1956 Law and the 1964
Law but continues to have effect as if done under this Law.
(2) Proceedings in respect
of anything done under the 1956 Law or the 1964 Law which could have
been taken under that Law if it had not been repealed by this Law may be taken
under this Law.
(3) Proceedings pending
under the 1956 Law or the 1964 Law immediately before the
commencement of this Law may be continued under this Law.
(4) An application made
under the 1956 Law or the 1964 Law before the repeal of that Law and
outstanding on that repeal shall have effect as if it were an application made
under this law and shall be dealt with accordingly.
(5) Nothing in this Article
prejudices the general application of Article 17 of the Interpretation (Jersey)
Law 1954.
130 Transitional
provisions
(1) An Order made under
Article 9(1) of the 1964 Law (preservation of site of special
interest) and in force immediately before the commencement of Chapter 1 of Part 6
of this Law shall be taken to have had effect on that commencement as if the
site of special interest to which the Order related were listed, as from the
date the Order was made, on the List of Sites of Special Interest, and the
Minister shall add it to that list accordingly.
(2) An Order made under
Article 16(1) of the 1964 Law (preservation of tree) and in force
immediately before the commencement of Chapter 2 of Part 6 of this Law
shall be taken to have had effect on that commencement as if the tree to which
the Order related were listed, as from the date the Order was made, on the List
of Protected Trees, and the Minister shall add it to that list accordingly.
(3) Until an Island Plan
for the Island has been approved by the States in accordance with this Law any
development plan (as that term was defined by Article 3 of the 1964
Law) in respect of a part of the Island, which had been approved by the States
under the 1964 Law and was in force immediately before the commencement of
Part 2 of this Law shall be taken as the Island Plan for that part of
Jersey.
(4) Until Building Bye-laws
have been approved by the States in accordance with this Law Building Bye-laws
made under the 1956 Law and in force immediately before the commencement
of Part 4 of this Law shall be taken as Building Bye-laws made under this
Law (except to any extent to which they may be inconsistent with this Law).
131 Short title
and commencement
(1) This Law may be cited
as the Planning and Building (Jersey) Law 2002.
(2) This Law shall come
into force on such day or days as the States may by Act appoint and different
days may be appointed for different purposes or different provisions of this
Law.