Planning and
Building (Amendment) (Jersey) Law 2005
A LAW to amend the Planning and
Building (Jersey) Law 2002.
Adopted by the
States 15th December 2004
Sanctioned by
Order of Her Majesty in Council 7th June 2005
Registered by the
Royal Court 22nd
July 2005
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law “the principal Law” means the Planning and Building (Jersey) Law 2002.[1]
2 Article
1 amended
Article 1(1) of the principal Law is amended by omitting the definition
“Commission”.
3 Article
27 amended
Article 27 of the principal Law is amended by inserting after
paragraph (6) the following paragraph –
“(6A) The loss or damage mentioned in
paragraph (6)(a) 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have made by virtue of the planning permission had it not been revoked or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.”.
4 Chapter
1 of Part 7 repealed and replaced
Chapter 1 of Part 7 of the principal Law is repealed and
the following Chapter is substituted –
106 Interpretation –
“persons interested in the appeal” defined
(1) In this Part “persons interested in
the appeal”, in respect of an appeal under this Part, means –
(a) the Committee;
(b) the appellant; and
(c) any other person who made a submission to
the Committee in respect of the matter the subject of the appeal prior to the
Committee making its decision in respect of that matter.
(2) For the purpose of paragraph (1)(c) a
person who has made a submission to the Committee includes any highway
authority, Committee, or a body or person created by statute that has commented
on an application as a result of the Committee’s compliance with Article
14, 15, 16 or 17.
(3) If a person appeals to the Royal Court in
accordance with Article 114 the expression “persons interested in
the appeal” shall be taken for the purposes of this Part to include the
person who would, but for Article 114(3), have the benefit of the planning
permission for the time being.
At the hearing by the Royal
Court of an appeal under this Part each person interested in the appeal may
appear and be heard, either in person or by a representative, who shall be an
advocate of the Royal Court or such other person as the Royal Court may by
rules prescribe.
The power to make rules of
court under Article 11 of the Royal Court (Jersey) Law 1948[2] shall include the power to
make rules regulating practice and procedure in applications and appeals under
this Part”.
5 Amendment
of appeal provisions
(1) In
the Articles of the principal Law mentioned in paragraph (2) for
“Commission” there is substituted “Royal Court”.
(2) Those
Articles are Articles 113(2) and (3) (twice appearing), 115(3)
and (4) (twice appearing), 116(2), (3) (twice appearing) and (5),
117(4), (5), (7), (8) and (9) (twice appearing) and 118(2), (3) and (5).
6 Amendment
of penalty provisions
(1) Articles
7(1), 33(1), 46(1), 54(2), 55(4), 61(1) and 70(1) of the principal Law are
amended by omitting from each of them “or imprisonment, or both”.
(2) Article 10(1)
of the principal Law is amended by omitting “to a fine or imprisonment,
or both” and substituting “to imprisonment for a term of
2 years and a fine”.
7 Citation
and commencement
(1) This
Law may be cited as the Planning and Building (Amendment) (Jersey) Law 2005.
(2) It
shall come into force on the same day or days as the principal Law.
M.N. DE LA HAYE
Greffier of the States.