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(6)(a) does not include the loss of any profit a person might have made by virtue of the planning permission had it not been revoked or modified.”.

4        Chapter 1 of Part 7 repealed and replaced

Chapter 1 of Part 7 of the principal Law is repealed and the following Chapter is substituted –

“Chapter 1 – Hearings

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.

107    Hearings

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.

108    Rules of Court

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.

 


 



[1] L.36/2002.

[2] Chapter 07.770.


Page Last Updated: 04 Jun 2015