Planning and Building (Amendment No. 2) (Jersey) Law 2005

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

Adopted by the States                                                  20th April 2005

Sanctioned by Order of Her Majesty in Council           19th July 2005

Registered by the Royal Court                                  19th August 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        New Article 109

After Article 108 of the principal Law there shall be inserted the following Article –

109    Grounds of appeal

(1)     An appeal under Chapter 2 may only be made to the Royal Court on the ground that the action taken by or on behalf of the Committee was unreasonable having regard to all the circumstances of the case.

(2)     Paragraph (1) applies to –

(a)     a refusal by the Committee to which Article 113(1) applies;

(b)     the grant by the Committee of planning permission to which Article 114 applies or of a part of any such permission;

(c)     the imposition by the Committee of a condition mentioned in Article 115(1);

(d)     a decision by the Committee to which Article 116 applies;

(e)     the service by the Committee of a notice to which Article 117 applies;

(f)      the imposition by the Committee of a requirement or a time limit in a notice to which Article 117 applies;

(g)     an entry on to land by the Committee and the undertaking by the Committee of work as mentioned in Article 117(2);

(h)     the extent and nature of any work undertaken by or on behalf of the Committee as a result of an entry made under Article 117(2); or

(i)      the inclusion by the Committee of a building or a tree on a List mentioned in Article 118.”.

3        Article 114 amended

(1)     In Article 114 of the principal Law for paragraphs (1) and (2) there shall be substituted the following paragraphs –

(1)     This Article applies to a decision by the Committee to grant planning permission on an application made to it in accordance with Article 9(1) if a submission was made to the Committee in respect of the application prior to the Committee making its decision by a person (other than the applicant) who –

(a)     has an interest in land; or

(b)     is resident on land,

any part of which is within 50 metres of any part of the site to which the planning permission relates.

(2)     For the purposes of paragraph (1), a person who has made a submission to the Committee includes a body or person created by statute (other than a Committee) that has commented on the application as a result of the Committee’s compliance with Article 17.

(2)     Article 114 of the principal Law shall be amended by omitting the word “Commission” (thrice appearing) and substituting the words “Royal Court”.

4        Article 117 amended

(1)     For Article 117(3) of the principal Law there shall be substituted the following paragraph –

“(3)    This Article also applies to a person aggrieved by –

(a)     in the case of the service on the person of a notice mentioned in paragraph (1), a requirement of the notice or a time limit imposed by the notice, or both; or

(b)     in the case of an entry to a building to which paragraph (2) applies, the extent or nature of any work undertaken by the Committee as a result of that entry, or both.”.

(2)     For Article 117(7) of the principal Law there shall be substituted the following paragraph –

“(7)    If the Royal Court determines, in the case of an entry to a building and the undertaking of work to which paragraph (2) applies, that all or any of the actions taken by the Committee were unreasonable having regard to all the circumstances of the case, the Committee shall not be entitled to recover its costs in accordance with Article 71(4) and Article 72 shall not apply in this case.”.

5        Citation and commencement

(1)     This Law may be cited as the Planning and Building (Amendment No. 2) (Jersey) Law 2005.

(2)     It shall come into force on the same day or days as the principal Law.

D.C.G. FILIPPONI

Assistant Greffier of the States.

 


 



[1] L.36/2002.


Page Last Updated: 04 Jun 2015