Planning and Building (Application Publication) (Jersey) Order 2023


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Planning and Building (Application Publication) (Jersey) Order 2023

Made                                                                                                             24th May 2023

Coming into force                                                                                      31st May 2023

THE MINISTER FOR THE ENVIRONMENT makes this Order under Articles 11 and 124 of the Planning and Building (Jersey) Law 2002 –

1        Interpretation

In this Order –

“application” means an application for planning permission in accordance with Article 9 of the Law (and includes an application under Article 20 or 21 of the Law);

Law” means the Planning and Building (Jersey) Law 2002.

2        Publicity for applications

(1)     An application 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 3.

(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.

3        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.

4        Written representations in respect of planning 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 2(2), or

(ii)      the date on which the site notice is first displayed in accordance with Article 3(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.

5        Repeal and consequential amendment

(1)     The Planning and Building (Application Publication) (Jersey) Order 2006 is repealed.

(2)     For the introductory words in Article 7(5) of the Planning and Building (Public Inquiries) (Jersey) Order 2008, there is substituted “If representations have been made to the Chief Officer in respect of the application, in accordance with the Planning and Building (Application Publication) (Jersey) Order 2023 –”.

6        Citation and commencement

This Order may be cited as the Planning and Building (Application Publication) (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