Planning and Building (Cannabis) (Miscellaneous Amendments) (Jersey) Order 2023

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Planning and Building (Cannabis) (Miscellaneous Amendments) (Jersey) Order 2023

Made                                                                                                             10th May 2023

Coming into force                                                                                     17th May 2023

THE MINISTER FOR THE ENVIRONMENT makes this Order under Articles 8, 13 and 124 of the Planning and Building (Jersey) Law 2002 –

1        Planning and Building (Environmental Impact) (Jersey) Order 2006 amended

(1)     This Article amends the Planning and Building (Environmental Impact) (Jersey) Order 2006.

(2)     In the table in Schedule 1 (descriptions of development in respect of which an environmental impact statement is required), under the heading (1 Agriculture) after item (4) there is inserted –

 

“(5)    To construct, develop or install a building, or to change the use of a building (in whole or in part), for the purpose of cultivation of plants of the genus Cannabis, or for the production of products including any part of, or derivative from, plants of the genus Cannabis.”

 

2        Planning and Building (General Development) (Jersey) Order 2011 amended

(1)     This Article amends the Planning and Building (General Development) (Jersey) Order 2011.

(2)     In Schedule 1 (permitted development), in Part 3 (repairs, maintenance and minor works to land and buildings), in Class AA in the row entitled “Work not permitted”, after the entry AA.2 there is inserted –

 

“AA.3

Work is not permitted by Class AA if –

 

(a)

the building is used or is to be used, in whole or in part, for the purpose of cultivation of plants of the genus Cannabis, or the production of products including any part of, or derivative from, plants of the genus Cannabis; or

 

(b)

the purpose of the alteration or operation is to enable or facilitate such cultivation or production.”.

 

(3)     In Schedule 2 (use classes), in Class D (Agriculture) for “Use as a building for agricultural purposes” there is substituted –

“Use as a building for agricultural purposes, excluding use of a building (in whole or in part) for the purpose of cultivation of plants of the genus Cannabis, or the production of products including any part of, or derivative from, plants of the genus Cannabis.”.

3        Citation and commencement

This Order may be cited as the Planning and Building (Cannabis) (Miscellaneous Amendments) (Jersey) Order 2023 and comes into force 7 days after it is made.

Deputy J. Renouf of St. Brelade

Minister for the Environment

 


Page Last Updated: 11 May 2023