Building (Amendment No. 4) (Jersey) Law 2007
A LAW to amend further the Planning
and Building (Jersey) Law 2002.
Adopted by the
States 30th January 2007
Order of Her Majesty in Council 25th July 2007
Registered by the
Royal Court 17th
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
In this Law “the principal Law”
means the Planning and Building (Jersey) Law 2002.
9 to 9H substituted
For Articles 9 to 9H (inclusive) of the principal Law there shall be
substituted the following Articles –
(1) A person who requires planning permission
not granted by a Development Order must apply to the Minister for it.
(2) The application must –
(a) be in the form required by the Minister; and
(b) contain or be accompanied by particulars the
Minister reasonably requires to determine the application.
(3) The application must be accompanied
(a) the prescribed fee; and
(b) if the applicant is not the owner of the
land to be developed, a certificate by the owner of the land certifying that the
owner approves the application being made.
(a) paragraph (3)(b) applies in respect of
a proposed application; and
(b) the owner of the land refuses or is unable,
for any reason, to certify his or her approval of the application being made,
the Minister may nevertheless
accept the application for consideration if the Minister is satisfied that to
do so would be in the public interest.
(5) The Minister may require the applicant to
provide the Minister with further particulars before making a decision in
respect of the application.
(6) If the applicant fails to provide those particulars
within a reasonable time the Minister may refuse the application.
(7) If the Minister does so, the Minister is
under no obligation to refund the prescribed fee.
power to delegate
(1) This Article applies to the functions
conferred upon or vested in the Minister under –
(a) Part 3;
(b) Articles 40, 42 and 45; and
(c) Orders made under Articles 76 and 81.
(2) The power conferred upon the Minister by Article
28(1) of the States of Jersey Law 2005 to delegate, wholly or partly, the
function to which this Article applies shall include the power to delegate,
wholly or partly, those functions to a panel of at least 3 elected members of
the States chosen by the Minister from a group of not more than 9 such members
approved by the States on the nomination of the Minister.
(3) A panel appointed under paragraph (2)
to determine the grant of planning permission under Article 19 must permit
members of the public to attend its meetings.
(4) The panel must give at least 3 days
notice in the Jersey Gazette of a meeting –
(a) that specifies the date, time and place of
the meeting and the application for planning permissions that it is to
(b) that invites members of the public to
(5) At such a meeting the presiding member may
request a person to leave the meeting if the member is satisfied that the
person’s behaviour is prejudicing the conduct of the meeting.
(6) A person who fails to comply with such a
request shall be guilty of an offence and liable to a fine not exceeding
level 2 on the standard scale.
(7) Except to the extent that the Minister
directs otherwise, a panel mentioned in paragraph (2) may determine its own
Article 30 of the principal Law is amended by adding after
paragraph (3) the following paragraphs –
“(4) Building Bye-laws
(a) provide that functions that are required to
be carried out by virtue of the Bye-laws may be carried out by persons appointed
by or in accordance with the Bye-laws;
(b) provide for the qualification required by
those persons and for the verification of those qualifications.
(5) Building Bye-laws may create an offence
punishable by a fine.”.
For Article 40(1) of the principal Law there shall be
substituted the following paragraph –
“(1) This Article applies where it
appears to the Minister –
(a) that there has been a breach of development
controls during the previous 8 years; and
(b) that it is expedient that action should be
taken to remedy the breach.”.
Law may be cited as the Planning and Building (Amendment No. 4) (Jersey)
shall come into force 7 days after it is registered.
m.n. de la haye
Greffier of the States