Planning and Building (Amendment No. 4) (Jersey) Law 2007

Planning and 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

Sanctioned by Order of Her Majesty in Council           25th July 2007

Registered by the Royal Court                                  17th August 2007

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 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 by –

(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.

(4)     Where –

(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.

9A     Minister’s 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 consider; and

(b)     that invites members of the public to attend.

(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 procedures.”.

3        Article 30 amended

Article 30 of the principal Law is amended by adding after paragraph (3) the following paragraphs –

“(4)    Building Bye-laws may –

(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.”.

4        Article 40 amended

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.”.

5        Citation and commencement

(1)     This Law may be cited as the Planning and Building (Amendment No. 4) (Jersey) Law 2007.

(2)     It shall come into force 7 days after it is registered.

m.n. de la haye

Greffier of the States



[1]                                    chapter 22.550

Page Last Updated: 04 Jun 2015