Planning and Building (Caravans) (Jersey) Order 2023


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Planning and Building (Caravans) (Jersey) Order 2023

Made                                                                                                             24th May 2023

Coming into force                                                                                      31st May 2023

THE MINISTER FOR THE ENVIRONMENT makes this Order under Articles 99 and 124 of the Planning and Building (Jersey) Law 2002 –

1        Interpretation

In this Order –

“application” means an application for permission under Article 3(2);

designated camp site” means a camp site registered under the Tourism (Jersey) Law 1948;

“Law” means the Planning and Building (Jersey) Law 2002;

“motorhome” means a motor vehicle described in sub-paragraph (b) of the definition “caravan” in Article 98 of the Law;

“registered” and “registration mark”, for the purposes of Articles 5 and 6, are to be construed in accordance with the Motor Vehicle Registration (Jersey) Law 1993.

2        Effect of this Order

(1)     Article 99 of the Law prohibits the importation or use of a caravan except in accordance with permission granted by an Order made under that Article or, if required by an Order made under that Article, by the Chief Officer.

(2)     Accordingly, for the purposes of Article 99 of the Law, this Order regulates and restricts –

(a)     the importation of a caravan into Jersey; and

(b)     the stationing or use of a caravan in Jersey.

3        Regulation of importation and use of caravans

(1)     To the extent permitted by Article 4 or 5, a person may –

(a)     import a caravan into Jersey;

(b)     use a caravan in Jersey; or

(c)     station a caravan on land in Jersey.

(2)     In any other circumstances, an application for permission to import, use or station a caravan must be made to the Chief Officer by the person for the time being having the control of or an interest in the caravan.

4        General permission for temporary importation of caravans into Jersey

(1)     This Article applies if a person brings a caravan into Jersey for a period not exceeding 31 days.

(2)     If this Article applies, the person does not commit an offence under Article 100 of the Law if –

(a)     the conditions in paragraph (3) are fulfilled; and

(b)     the person removes, or ensures the removal of, the caravan from Jersey before the end of the period of 31 days beginning with the date of its arrival in Jersey.

(3)     The conditions mentioned in paragraph (2)(a) are that –

(a)     the total length of the caravan –

(i)      in the case of a motorhome, is no more than 9.3 metres, and

(ii)      in the case of any other caravan, is no more than 16.5 metres together with any vehicle that is towing it;

(b)     the total width of the caravan together with any vehicle towing it is no more than 2.3 metres (excluding side mirrors and indicators);

(c)     the caravan is not used as overnight accommodation for any person, unless –

(i)      it is stationed at a designated camp site, or

(ii)      in the case of a motorhome, it complies with paragraph (4); and

(d)     except in the case of a motorhome, the caravan is not used on a public road in Jersey, unless it is travelling from the port of entry into Jersey to the camp site following arrival or travelling from the camp site to the port of departure immediately before departure.

(4)     A motorhome –

(a)     may be stationed in a place which is not a designated camp site, if it is stationed out of public view on privately owned land with the knowledge and consent of the owner of the land; but

(b)     must not be used as overnight accommodation unless it is stationed on a designated camp site.

5        General permission for caravans registered in Jersey

(1)     This Article and Articles 6 to 12 apply if a person wishes to keep a caravan in Jersey for a period exceeding 31 days.

(2)     If this Article applies, the person does not commit an offence under Article 100 of the Law if the conditions in paragraph (3) are fulfilled.

(3)     The conditions mentioned in paragraph (2) are that –

(a)     the caravan must be registered and must display, in the manner prescribed under Article 6 of the Motor Vehicle Registration (Jersey) Law 1993, a Jersey registration mark;

(b)     the caravan must be stationed at the address at which it is registered and out of public view, unless it is –

(i)      being driven or towed on a public road, or

(ii)      stationed on a designated camp site; and

(c)     the caravan must not be used for human habitation or for any purpose relating to overnight accommodation unless during the period of that use it is stationed on a designated camp site.

6        Publicity for caravan applications

(1)     An application for permission to import, use or station a caravan otherwise than in accordance with Article 4 or 5 must be publicised –

(a)     by the Chief Officer, in accordance with paragraph (2) of this Article; and

(b)     by the applicant, in accordance with Article 7.

(2)     The Chief Officer must cause notice of an application to be published, including by publication on a website maintained by the Minister for that purpose, in a manner that –

(a)     is likely to bring the application to the attention of the public;

(b)     advises members of the public where they may obtain further details of the application; and

(c)     advises members of the public of the manner in which they may provide representations to the Chief Officer in respect of the application.

(3)     Paragraph (1) does not apply in relation to a change made to an application, if the Chief Officer is of the opinion that the change is a marginal change which does not need to be publicised.

(4)     If a person disposes of a registered caravan, whether for value or otherwise, and fails to inform the Chief Officer, in writing, of the fact and date of the disposal, nothing in this Article is to be taken as protecting the person from liability under Chapter 7 of Part 6 of the Law (controls on caravans).

7        Applicant to display site notice

(1)     After receiving an application, the Chief Officer must send to the applicant a site notice in a form that the Chief Officer provides for this purpose.

(2)     The applicant must, as soon as practicable after receiving a site notice, display the site notice on the land or building to which the application relates.

(3)     For the purpose of compliance with paragraph (2), the site notice must be –

(a)     firmly fixed to an object, signpost or board;

(b)     displayed in the same location for at least 21 consecutive days;

(c)     clear and legible; and

(d)     if practicable, capable of being read from a public place which adjoins or is closely adjacent to the land.

(4)     The applicant must –

(a)     certify, in a form that the Chief Officer provides for this purpose, that the site notice has been displayed in accordance with this Article; and

(b)     provide to the Chief Officer photographic evidence of the display of the site notice.

(5)     For the purposes of the offence specified in Article 10(1) of the Law, a certificate and any photographic evidence provided under paragraph (4) is taken to form part of the application to which the site notice relates.

8        Written representations in respect of caravan applications

(1)     During the relevant period any person may send to the Chief Officer a written representation in relation to the application.

(2)     A written representation must contain the name and contact details of the person providing the representation.

(3)     If, before the expiry of the relevant period, a public inquiry is announced in respect of the application, any written representations received by the Chief Officer are to be treated, under the Planning and Building (Public Inquiries) (Jersey) Order 2008, as representations for the purposes of the inquiry.

(4)     In this Article, “relevant period” means –

(a)     the period comprising 21 consecutive days beginning with whichever is the later of –

(i)      the date of publication of the notice in accordance with Article 6, or

(ii)      the date on which the site notice is first displayed in accordance with Article 7(2); or

(b)     if the Chief Officer considers that it would be in the public interest, a longer period that the Chief Officer considers appropriate.

9        Grant of permission to use or station a caravan

(1)     When considering an application, the Chief Officer –

(a)     must take into account all representations made;

(b)     must take into account all material considerations, including the effect that the proposed use or stationing of the caravan would have on the environment generally and in particular on the environment of a protected site or conservation area; and

(c)     must not grant permission for a caravan to be used or stationed in a way which would be inconsistent with the Island Plan, unless the Chief Officer has been satisfied by the applicant that there is sufficient reason for doing so.

(2)     The Chief Officer may –

(a)     grant permission to use or station a caravan on land, unconditionally or subject to conditions; or

(b)     refuse to grant the permission sought.

(3)     In this Article, “protected site” means –

(a)     a site of special interest; or

(b)     a building included on a register published by the Minister of buildings of architectural, archaeological or historic interest.

10      Conditions which may be attached to a grant of permission

For the purposes of Article 101 of the Law, a condition attached by the Chief Officer to the grant of permission under Article 9 must fairly and reasonably relate to the proposed use or stationing of the caravan and may, in particular –

(a)     control the type of caravan which may be used or stationed on the land in question;

(b)     regulate the position in which the caravan is stationed on the land;

(c)     require measures be taken to prevent and detect the outbreak of fire;

(d)     require that adequate sanitary and other facilities, services and equipment are available for the use of people using the caravan.

11      Grant of permission for caravan already stationed

(1)     Following an application made to the Chief Officer, the Chief Officer may grant permission to station a caravan where the caravan has already been stationed on land –

(a)     without permission; or

(b)     without complying with a condition subject to which permission has been given.

(2)     The Chief Officer may grant permission under paragraph (1) to have effect from the date on which the caravan was first stationed on the land.

12      Revocation and modification of permission

(1)     The Chief Officer may revoke or modify permission given under this Order, by giving at least 7 days’ notice in writing to the person for the time being having the control of or an interest in the caravan to which the permission relates.

(2)     If permission is revoked under paragraph (1), the person for the time being having the control of or an interest in the caravan must remove the caravan or cause it to be removed before the end of the period specified in the notice.

(3)     If a notice under paragraph (1) requires a modification to be made in respect of a caravan, the modification must be made before the end of the period specified in the notice.

(4)     Articles 27(6) to (10) and 108 of the Law (in respect of compensation and appeals) apply to a decision to revoke or modify permission given under this Order as if it were a decision to revoke or modify planning permission.

13      Citation and commencement

This Order may be cited as the Planning and Building (Caravans) (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: 24 May 2023