Planning and Building (Amendment No. 7) (Jersey) Law 2016

A LAW to amend further the Planning and Building (Jersey) Law 2002 and the States of Jersey Law 2005

Adopted by the States                                             19th January 2016

Sanctioned by Order of Her Majesty in Council            4th May 2016

Registered by the Royal Court                                      13th May 2016

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Interpretation

In this Law, a reference to an Article by number and without more is to an Article of that number in the Planning and Building (Jersey) Law 2002[1].

2        Article 1 amended

In Article 1(1) for the words “ ‘Planning Applications Committee’ ” there shall be substituted the words “ ‘Planning Committee’ ”.

3        Article 6 amended

At the end of Article 6 there shall be added the following paragraph –

“(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).”.

4        Article 8 amended

In Article 8(7) at the end the full stop shall be deleted and there shall be added the following words –

“(including different areas, or parts of areas, of land of the same description).”.

5        Article 9 amended

In Article 9(5)(b) for the words “Planning Applications Committee” there shall be substituted the words “Planning Committee”.

6        Article 9A amended

In Article 9A and the heading to that Article, for the words “Planning Applications Committee” in each place in which they occur there shall be substituted the words “Planning Committee”.

7        Article 12 amended

In Article 12 –

(a)     for paragraph (2) there shall be substituted the following paragraph –

“(2)    Where this Article applies –

(a)     the Minister, and only the Minister, shall determine the application; and

(b)     the Minister shall not do so unless and until a public inquiry has been held concerning the application.”; and

(b)     at the end there shall be added the following paragraph –

“(10)  The power to make rules of court under Article 13 of the Royal Court (Jersey) Law 1948[2] shall include the power to make rules regulating practice and procedure in relation to appeals under paragraph (6).”.

8        Article 19 amended

In Article 19(3) for the words “Planning Applications Committee” there shall be substituted the words “Planning Committee”.

9        Article 20 amended

In Article 20(2A)(b) for the words “Planning Applications Committee” there shall be substituted the words “Planning Committee”.

10      Article 21 amended

In Article 21 –

(a)     in paragraph (2), for the word “manner,” there shall be substituted the words “together with such fee as may be prescribed,”; and

(b)     in paragraph (3)(b) for the words “Planning Applications Committee” there shall be substituted the words “Planning Committee”.

11      Article 22 amended

In Article 22(3) for the words “Planning Applications Committee” there shall be substituted the words “Planning Committee”.

12      Article 22A amended

In Article 22A(2) to (5) for the words “Planning Applications Committee”, in each place in which they occur, there shall be substituted the words “Planning Committee”.

13      Article 26 amended

In Article 26(2) for the words “Planning Applications Committee” there shall be substituted the words “Planning Committee”.

14      Article 27 amended

In Article 27(3) for the words “Planning Applications Committee” there shall be substituted the words “Planning Committee”.

15      Article 35 amended

In Article 35(3) for the words “if the Chief Officer is satisfied that there is sufficient justification for doing so.” there shall be substituted the following words –

“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.”.

16      Article 38A inserted

After Article 38 there shall be inserted the following Article –

“38A Offence of uttering false design certificate

(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.”.

17      Article 40 amended

In Article 40(1) and (2) for the words “Planning Applications Committee” in each place in which they occur there shall be substituted the words “Planning Committee”.

18      Article 45 amended

In Article 45(1) and (2) for the words “Planning Applications Committee” in each place in which they occur there shall be substituted the words “Planning Committee”.

19      Article 51 amended

In Article 51(2) –

(a)     in sub-paragraph (a) for the words “zoological, ecological, botanical or geological” there shall be substituted the words “botanical, ecological, geological, scientific or zoological”; and

(b)     in sub-paragraph (b) for the words “historical, scientific or traditional” there shall be substituted the words “cultural or historical”.

20      Article 55 amended

For paragraph (1) of Article 55 there shall be substituted the following paragraph –

“(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).”.

21      Article 57 amended

In Article 57 after the word “Chapter” there shall be inserted the words “and in Part 7”.

22      Article 106 amended

In Article 106(4) for the words “Planning Applications Committee” there shall be substituted the words “Planning Committee”.

23      States of Jersey Law 2005 amended

In Article 48(3A)(a) of the States of Jersey Law 2005[3] for the words “Planning Applications Committee” there shall be substituted the words “Planning Committee”.

24      Citation and commencement

This Law may be cited as the Planning and Building (Amendment No. 7) (Jersey) Law 2016 and shall come into force 7 days after it is registered.

dr. m. egan

Greffier of the States

 


 



[1]                                    chapter 22.550

[2]                                    chapter 07.770

[3]                                    chapter 16.800


Page Last Updated: 26 May 2016