Planning and Building (Amendment No. 5) (Jersey) Law 2010

A LAW to amend further the Planning and Building (Jersey) Law 2002.

Adopted by the States                                            2nd February 2010

Sanctioned by Order of Her Majesty in Council           21st July 2010

Registered by the Royal Court                                    6th August 2010

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

1        Interpretation

In this Law, “principal Law” means the Planning and Building (Jersey) Law 2002[1].

2        Article 1 amended

In Article 1(1) of the principal Law in the definition “Island Plan” the words “in accordance with Article 3” shall be deleted.

3        Article 3 amended

(1)     In the heading to Article 3 of the principal Law for the words “an Island Plan” there shall be substituted the words “a draft Island Plan”.

(2)     In Article 3 of the principal Law –

(a)     in paragraph (1) for the words “an Island Plan” there shall be substituted the words “a draft Island Plan”;

(b)     in paragraph (2) for the words “a revision of that Plan”, in each place that they appear, there shall be substituted the words “a draft revision of the Island Plan”;

(c)     in paragraph (3) for the words “the Island Plan or a revision of it” there shall be substituted the words “a draft Island Plan or a revision of the Island Plan”;

(d)     in paragraph (4)(a) for the words “the Island Plan” there shall be substituted the words “a draft Island Plan or a draft revision of the Island Plan”;

(e)     in paragraph (6) for the words “the Island Plan or any revision of it” there shall be substituted the words “a draft Island Plan or a draft revision of the Island Plan”.

4        Article 4 amended

(1)     For the heading to Article 4 of the principal Law there shall be substituted the heading “Form of draft Island Plan”.

(2)     In Article 4 of the principal Law, in paragraphs (1) and (5), for the words “the Island Plan” there shall be substituted the words “a draft Island Plan”.

5        Article 4A inserted

After Article 4 of the principal Law there shall be inserted the following Article –

“4A   Procedure for and following lodging of draft Island Plan

(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 unless it has been lodged for a minimum period of 8 weeks.

(3)     An amendment to an amendment to a draft Island Plan cannot be debated by the States unless it has been lodged for a minimum period of 6 weeks.

(4)     Paragraph (2) or (3) does not apply to an amendment lodged by the Minister if the States agree that the amendment may be debated forthwith or on a day or at a time approved by the States.

(5)     The Minister may publicize a lodged amendment to a draft Island Plan and seek representations from the public on it.

(6)     This Article applies to a draft revision of an Island Plan as it applies to a draft Island Plan, and references in it to a draft Island Plan shall be construed accordingly.

(7)     In this Article –

‘amendment’ includes (except in paragraphs (2) and (3)) an amendment to an amendment;

‘draft Island Plan’ means a Plan prepared by the Minister in accordance with Article 3 and lodged by the Minister;

‘lodged’ means lodged au Greffe.”.

6        Citation and commencement

This Law may be cited as the Planning and Building (Amendment No. 5) (Jersey) Law 2010 and shall come into force on the day following the day it is registered.

m.n. de la haye

Greffier of the States

 


 



[1]                                    chapter 22.550


Page Last Updated: 04 Jun 2015