Planning and
Building (Miscellaneous Provisions) (Jersey) Order 2015
Made 18th March 2015
Coming into force 19th
March 2015
THE MINISTER FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 8,
11, 13, 76, 80, 112, 120 and 124 of the Planning and Building (Jersey) Law 2002[1], orders as follows –
1 Planning and Building (Application Publication) (Jersey) Order 2006
amended
(1) In
this Article, the “Order” means the Planning and Building
(Application Publication) (Jersey) Order 2006[2].
(2) In Article 1
of the Order, in paragraph (c) of the definition “by local
advertisement”, for the words “the Minister” there shall be
substituted the words “the Chief Officer”.
(3) In Article 2
of the Order –
(a) in paragraph (2) the words “by the
Minister” shall be deleted;
(b) in paragraph (4)(a) the words “from the
Minister” shall be deleted; and
(c) in
paragraph (6) for the words “the Minister” there shall be
substituted the words “the Chief Officer”.
(4) In Article 3(1)
of the Order –
(a) for the word “11(5)” there shall be substituted
the word “11(3)”; and
(b) for the words “the Minister” there shall be
substituted the words “the Chief Officer”.
(5) In Article 4
of the Order –
(a) in paragraph (1) –
(i) the words “to the Minister” shall be deleted,
and
(ii) in sub-paragraph (a) the words “by the Minister”
shall be deleted;
(b) in paragraphs (4), (5) and (6) for the word
“Minister” in each place in which it occurs there shall be
substituted the words “Chief Officer”.
(6) In Schedule 1,
in the form of site notice –
(a) in the box headed “FURTHER DETAILS OF THE PROPOSED
DEVELOPMENT”, for the words “or on the Planning Department’s
website – www.gov.je/PlanningEnvironment”
there shall be substituted the words “or via the planning pages on
www.gov.je”;
(b) for the words “Planning Department” in each
remaining place in which they occur there shall be substituted the words
“Department of the Environment”; and
(c) in the box headed “HOW TO PROVIDE A REPRESENTATION” –
(i) in the first sentence the words “the Minister
with” shall be deleted, and
(ii) in the second sentence for the words “the Minister for
Planning and Environment” there shall be substituted the words “the
Chief Officer”.
2 Planning
and Building (Display of Advertisements) (Jersey) Order 2006 amended
(1) In
this Article, the “Order” means the Planning and Building (Display
of Advertisements) (Jersey) Order 2006[3].
(2) In Article 1
of the Order –
(a) in paragraph (c) of the definition “by local
advertisement”, the words “to the Minister” shall be deleted;
(b) following the definition “by site display” there
shall be inserted the following definition –
“ ‘decision-maker’ means the Chief Officer or, as the case may be, the
Planning Applications Committee; and
(c) in paragraph (b) of the definition “protected
site” for the words “register published by the Minister” there
shall be substituted the words “published register”.
(3) In Article 2
of the Order –
(a) in paragraph (1) –
(i) the words “of the Minister” shall be deleted,
(ii) in sub-paragraph (b) for the words “by the
Minister on application made to the Minister” there shall be substituted
the words “on an application made to the Chief Officer”; and
(b) in paragraph (2) the words “granted by the
Minister” shall be deleted.
(4) In Article 3
of the Order –
(a) in paragraph (2) for the words “by the
Minister” there shall be substituted the words “by the Chief
Officer”;
(b) in paragraph (4)(a) the words “from the
Minister” shall be deleted; and
(c) in
paragraph (6) for the words “the Minister” there shall be
substituted the words “the Chief Officer”.
(5) In Article 4(1)
of the Order for the words “the Minister” in the each place in
which they occur there shall be substituted the words “the Chief Officer”.
(6) In Article 5
of the Order –
(a) in paragraph (1) –
(i) the words “to the Minister” shall be deleted,
and
(ii) in sub-paragraph (a) the words “by the
Minister” shall be deleted;
(b) in paragraphs (4) and (5), for the word
“Minister” in each place in which it occurs there shall be
substituted the words “Chief Officer”.
(7) In Article 6
of the Order for the word “Minister” in each place in which it
occurs there shall be substituted the word “decision-maker”.
(8) In Article 7
of the Order –
(a) in the heading for the words “Minister may grant
permission” there shall be substituted the words “Grant of
permission”;
(b) in paragraph (1) –
(i) for the word “Minister” in the first place in
which it occurs there shall be substituted the word “decision-maker”,
(ii) the words “made to the Minister” shall be
deleted, and
(iii) in
sub-paragraph (a) the words “from the Minister” shall be
deleted; and
(c) in
paragraph (2) for the word “Minister” there shall be
substituted the word “decision-maker”.
(9) In Article 8
of the Order for the words “The conditions the Minister may attach”
there shall be substituted the words “The conditions which may be
attached”.
(10) In Article 9(2)
of the Order the words “by the Minister” in each place in which
they occur shall be deleted.
(11) In Article 11(1)
of the Order for the words “by the Minister on application made to the
Minister.” there shall be substituted the words “by the
decision-maker on an application made to the Chief Officer.”.
(12) In Article 12
of the Order –
(a) for paragraph (1) there shall be substituted the
following paragraph –
“(1) Permission to display an
advertisement (including permission given by Article 10) may be revoked or
modified by giving the owner of the land on which the advertisement is displayed
at least 28 days written notice.”;
(b) in paragraph (4) –
(i) for the words “Articles 27(5) to (10) and
116” there shall be substituted the words “Articles 27(6) to
(10) and 108”, and
(ii) for the words “by the Minister to revoke or modify his
or her permission” there shall be substituted the words “to revoke
or modify permission”.
(13) In Schedule 2,
in the form of site notice –
(a) in the box headed “FURTHER DETAILS OF THE PROPOSED
DEVELOPMENT”, for the words “or on the Planning Department’s
website – www.gov.je/PlanningEnvironment”
there shall be substituted the words “or via the planning pages on
www.gov.je”;
(b) for the words “Planning Department” in each
remaining place in which they occur there shall be substituted the words
“Department of the Environment”; and
(c) in the box headed “HOW TO PROVIDE A
REPRESENTATION” –
(i) in the first sentence the words “the Minister
with” shall be deleted, and
(ii) in the second sentence for the words “the Minister for
Planning and Environment” there shall be substituted the words “the
Chief Officer”.
3 Planning
and Building (Environmental Impact) (Jersey) Order 2006 amended
In Articles 3, 4 and 6 of the Planning and Building
(Environmental Impact) (Jersey) Order 2006[4], for the word
“Minister” in each place in which it occurs there shall be
substituted the words “Chief Officer”.
4 Planning
and Building (Fees) (Jersey) Order 2008 amended
(1) In
this Article, the “Order” means the Planning and Building (Fees)
(Jersey) Order 2008[5].
(2) In Article 3
of the Order the words “granted by the Minister” shall be deleted.
(3) After
Article 4 of the Order there shall be inserted the following Article –
“4A Fees in respect of appeals
The fee to accompany a notice
of appeal under Part 7 of the Law is the fee prescribed in accordance with
the table set out in Schedule 3.”.
(4) At
the end of the Order after Schedule 2 there shall be added the following
Schedule –
“SCHEDULE 3
(Article 4A)
fees to accompany a notice of
appeal
|
ITEM
|
DESCRIPTION OF APPEAL (AND PROVISION OF LAW UNDER WHICH
IT IS MADE)
|
Fee (£)
|
|
1
|
APPEAL AGAINST
REFUSAL OR DEEMED REFUSAL OF APPLICATION FOR PLANNING PERMISSION (Article 108(2)(b)
and (c))
|
|
|
|
(including
application for permission for development which has already taken place)
|
|
|
|
–
for major development
|
300
|
|
|
–
for minor development
|
100
|
|
|
NOTE: “major
development” is defined as:
|
|
|
|
· Residential
development of 1 unit or above.
· New
non-residential development.
· Non-residential
extensions or structures of more than 250 square metres floor space.
· Any
development of mixed residential and non-residential use.
· Any
change of use of land or buildings.
· Any
installation of wind turbines or telecom masts.
· Any
application requiring an Environmental Impact Assessment.
· Demolition.
· Creation
of reservoirs or outdoor recreation areas.
· Works
of mineral extraction, earthworks and similar infrastructure projects.
|
|
|
|
Any development
which is not major development is minor development.
|
|
|
2
|
APPEAL AGAINST
IMPOSITION OF CONDITION OR REFUSAL TO VARY OR REMOVE CONDITION (Article 108(2)(d))
|
100
|
|
3
|
APPEAL AGAINST GRANT
OF PLANNING PERMISSION (Article 108(2)(a))
|
300
|
|
4
|
OTHER APPEALS:
A) AGAINST
THE LISTING OF A BUILDING OR PLACE, OR REFUSAL TO REMOVE A BUILDING OR PLACE
FROM THE LIST (Article 108(2)(h) and (i))
B) AGAINST
THE LISTING OF A TREE OR REFUSAL TO REMOVE A TREE FROM THE LIST (Article 108(2)(l))
C) AGAINST
THE SERVICE OF A NOTICE REQUIRING ACTION INCLUDING AN ENFORCEMENT NOTICE
(Article 109)
D) AGAINST
A REFUSAL TO GRANT PERMISSION UNDER BUILDING BYE-LAWS (Article 108(2)(g))
E) AGAINST
A REFUSAL TO GRANT A CERTIFICATE OF COMPLETION (Article 108(2)(f))
F) AGAINST
A REFUSAL TO GRANT PERMISSION TO UNDERTAKE OPERATIONS OR MAKE CHANGE OF USE
OR UNDERTAKE ACTIVITIES ON, IN OR UNDER A SITE OF SPECIAL INTEREST
(Article 108(2)(j) and (k))
G) AGAINST
A REFUSAL TO GRANT PERMISSION FOR THE IMPORTATION OR USE OF A CARAVAN
(Article 108(2)(n))
H) AGAINST
THE REVOCATION OR MODIFICATION OF ANY PLANNING PERMISSION (Article 108(2)(e))
”
|
100
|
5 Planning
and Building (Moveable Structures) (Jersey) Order 2006 amended
(1) In
this Article, the “Order” means the Planning and Building (Moveable
Structures) (Jersey) Order 2006[6].
(2) In Article 1
of the Order –
(a) in paragraph (c) of the definition “by local
advertisement”, the words “to the Minister” shall be deleted;
(b) after the definition “by site display” there
shall be inserted the following definition –
“ ‘decision-maker’ means the Chief Officer or, as the case may be, the
Planning Applications Committee;”.
(3) In Article 3
of the Order –
(a) in paragraph (1) for the word “Minister”
there shall be substituted the word “decision-maker”; and
(b) in paragraph (2) for the words “for the
permission of the Minister must be made to the Minister” there shall be
substituted the words “for permission must be made to the Chief
Officer”.
(4) In Article 4
of the Order –
(a) in paragraph (2) for the words “by the
Minister” there shall substituted the words “by the Chief
Officer”;
(b) in paragraph (4)(a) the words “from the Minister”
shall be deleted; and
(c) in
paragraph (6) for the word “Minister” there shall be
substituted the words “Chief Officer”.
(5) In Articles 5
and 6 of the Order, for the word “Minister” in each place in which
it occurs there shall be substituted the words “Chief Officer”.
(6) In Article 7
of the Order –
(a) in paragraph (1) –
(i) for the word “Minister” there shall be
substituted the word “decision-maker”,
(ii) in sub-paragraph (a) for the words “to him or
her” there shall be substituted the words “to the Chief
Officer”; and
(b) in paragraph (2) for the word “Minister”
there shall be substituted the word “decision-maker”.
(7) In Article 8
of the Order for the word “Minister” there shall be substituted the
word “decision-maker”.
(8) In Article 9
of the Order –
(a) in the heading for the words “Minister may grant
permission” there shall be substituted the words “Grant of
permission”;
(b) in paragraph (1) –
(i) for the word “Minister” in the first place in
which it occurs there shall be substituted the word
“decision-maker”,
(ii) for the words “to the Minister” there shall be
substituted the words “to the Chief Officer”,
(iii) in
sub-paragraph (a) the words “from the Minister” shall be
deleted; and
(c) in
paragraph (2) for the word “Minister” there shall be
substituted the word “decision-maker”.
(9) In Article 10
of the Order –
(a) in paragraph (1) for the word “Minister”
there shall be substituted the word “decision-maker”;
(b) in paragraph (4) –
(i) for the words “Articles 27(5) to (10) and
116” there shall be substituted the words “Articles 27(6) to
(10) and 108”, and
(ii) for the words “by the Minister to revoke or modify his
or her permission” there shall be substituted the words “to revoke
or modify permission”.
6 Citation
and commencement
This Order may be cited as
the Planning and Building (Miscellaneous Provisions) (Jersey) Order 2015
and shall come into force on the day after the day on which it is made.
deputy s.g. luce of st. martin
Minister for Planning and
Environment