Planning and
Building (Moveable Structures) (Jersey) Order 2006
1 Interpretation
In this Order –
“application” means an application made in accordance
with Article 3(2) or Article 9(1);
“by local advertisement”, in respect of an application, means
in a manner –
(a) that
is likely to bring the application to the attention of the public of Jersey;
(b) that
advises members of the public of Jersey where they may obtain further details
of the application; and
(c) that
advises members of the public of Jersey of the manner in which they may provide
representations in respect of the application;
“by site display”, in respect of a notice, means by the
posting of the notice by firm affixture to some object, sited and displayed in
such a way as to be easily visible and legible by members of the public;
“decision-maker” means the Chief Officer or, as the case
may be, the Planning Applications Committee;
“Law” means the Planning and Building (Jersey) Law 2002;
“protected
site” means –
(a) a
site of special interest; or
(b) a
building included on a register published by the Minister of buildings of
architectural, archaeological or historic interest.[1]
2 Application[2]
This Order applies to a
moveable structure that is to remain on the same land for 28 days or more
in any period of 12 consecutive months.
3 Permission
required to erect or station a moveable structure on
land
(1) A
person must not erect or station on land a movable structure to which this
Order applies except with and in accordance with the permission of the decision-maker.[3]
(2) An
application for permission must be made to the Chief Officer by the occupier of
the land and (if different) by the owner of the land.[4]
4 Publicity
for applications
(1) An
application must be publicized in accordance with this Article.
(2) All
applications will be publicized by the Chief Officer by local advertisement.[5]
(3) An
application must also be publicized by the applicant giving requisite notice by
site display in at least one place on or near to the land or building where the
moveable structure will be erected or stationed.
(4) The
notice –
(a) must
be displayed within 3 days of the applicant receiving an acknowledgement of the
receipt of the application; and
(b) must
be displayed for at least 21 days.[6]
(5) In
paragraph (3) “requisite notice” means notice in the form set
out in Schedule 1 or in a form substantially to the like effect.
(6) This
Article does not apply to any change in an application where the Chief Officer
has advised the applicant that the change is so minor that the change does not
need to be publicized in accordance with this Article.[7]
5 Evidence
of compliance
(1) An
applicant must show the Chief Officer that the applicant has complied with
Article 4(3) and (4) by requisite notice given to the Chief Officer
accompanied by a copy of the relevant site notice displayed by the applicant.[8]
(2) Article 10
of the Law shall apply to a notice given under paragraph (1) and the site
notice accompanying it as if they were part of an application for planning
permission.
(3) In
paragraph (1) “requisite notice” means notice in the form set
out in Schedule 2 or in a form substantially to the like effect.
6 Providing
representations in respect of an applications
(1) Except
as provided by paragraph (4), any representation in respect of an
application must be provided to the Chief Officer within 21 days of the
application –
(a) first
being publicized by the Chief Officer by local advertisement in accordance with
Article 4(2); or
(b) first
being publicized by site display by the applicant in accordance with Article 4(3),
whichever is the later.[9]
(2) A
representation must be provided in writing and must contain the name of the
person providing the representation and details of how the person may be
contacted.
(3) It
may contain such other information as the person providing the representation
considers appropriate.
(4) If
the Chief Officer considers that it would be in the public interest to do so,
the Chief Officer may extend the period of 21 days mentioned in paragraph (1)
by such further period as the Chief Officer considers appropriate.[10]
(5) The
Chief Officer may do so before or at any time after the end of the period of 21
days.[11]
7 Grant
of permission to erect or station a moveable
structure
(1) When
considering an application the decision-maker –
(a) will
take into account all representations made to the Chief Officer; and
(b) will
also take into account all material considerations including the effect the
proposed moveable structure would have on the environment generally and in
particular on the environment of any protected site; and
(c) will
not grant permission to erect or station a moveable structure in a way that is
inconsistent with the Island Plan unless he or she has been satisfied by the
applicant that there is sufficient justification for doing so.[12]
(2) The
decision-maker may –
(a) grant
permission to erect or station a moveable structure on land unconditionally or
subject to conditions; or
(b) refuse
to grant the permission sought.[13]
8 Conditions
attached to the grant of permission to erect or station a moveable
structure
The conditions the decision-maker
may attach to the grant of permission to erect or station a moveable structure
on land will fairly and reasonably relate to the proposed erection or
stationing of the moveable structure and may, in particular –
(a) control
the type of movable structure that may be erected or stationed on the land;
(b) regulate
the position in which the movable structure is erected or stationed on the
land;
(c) require
measures be taken to prevent and detect the outbreak of fire;
(d) require
that adequate sanitary and other facilities, services and equipment are
available for the use of people using the movable structure.[14]
9 Grant
of permission for moveable structure already erected or stationed[15]
(1) The
decision-maker may, on an application made to the Chief Officer, grant
permission to erect or station a moveable structure on land where the moveable structure is already
erected or stationed on the land –
(a) without
permission; or
(b) without
complying with a condition subject to which permission was given.[16]
(2) The
decision-maker may grant permission under paragraph (1) to have effect
from the date the moveable structure was erected or stationed on the land.[17]
10 Revocation
and modification of permission
(1) The
decision-maker may revoke or modify permission given under this Order by giving
the occupier of the land to which it relates at least 7 days written notice.[18]
(2) If
permission is revoked in accordance with paragraph (1), the occupier of
the land must remove the moveable structure or cause it to be removed before
the end of the period specified in the notice.
(3) If
a notice under paragraph (1) requires any modification to be made to or in
respect of a moveable structure, the modification must be made before the end
of the period specified in the notice.
(4) Articles 27(6)
to (10) and 108 of the Law (in respect of compensation and appeals) shall apply
to a decision to revoke or modify permission given under this Order as if it
were a decision to revoke or modify planning permission.[19]
11 Citation
This Order may be cited
as the Planning and Building (Movable Structures) (Jersey) Order 2006.