Planning and Building (Display of Advertisements – Amendment No. 2) (Jersey) Order 2023


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Planning and Building (Display of Advertisements – Amendment No. 2) (Jersey) Order 2023

Made                                                                                                             24th May 2023

Coming into force                                                                                      31st May 2023

THE MINISTER FOR THE ENVIRONMENT makes this Order under Articles 76 and 124 of the Planning and Building (Jersey) Law 2002 –

1        Amendment of Planning and Building (Display of Advertisements) (Jersey) Order 2006

This Order amends the Planning and Building (Display of Advertisements) (Jersey) Order 2006.

2        Article 1 (interpretation) amended

In Article 1 the definitions “by local advertisement” and “by site display” are deleted.

3        Articles 3, 4 and 5 substituted

For Articles 3, 4 and 5 there is substituted –

3      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 4.

(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        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 notice provided under paragraph (4) is taken to form part of the application for planning permission to which the notice relates.

(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 3(2), or

(ii)      the date on which the site notice is first displayed in accordance with Article 4(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.”.

4        Schedule 1 (approved advertisements) amended

In Schedule 1, after the entry in Part 2 relating to “Class D”, there is inserted –

 

“Class E

 

Approved advertisement

E. An advertisement –

(a)    for the purpose of indicating that a car park or parking place is allocated for use by a particular person or class of person or for the parking of a particular motor vehicle or class of motor vehicle –

(i)   on land that the landowner permits to be used as a car park or parking place, or

(ii)  on land at each vehicular entrance and exit to the car park or parking place; or

(b)   for the purpose of indicating that land is private land.

Advertisement not approved

E.1 An advertisement is not approved by Class E if that advertisement has an area exceeding 315 square centimetres.

E.2 An advertisement is not approved by Class E if that advertisement and any other advertisement on the land have an aggregated total area exceeding 1 square metre.

Conditions

E.3 The advertisement must not be sited or displayed so as –

(a)    to obscure or hinder the ready interpretation of a road traffic sign or an aid to navigation by water or air; or

(b)    to render hazardous the use of a road or airfield.

E.4 The advertisement must not contain letters, figures, symbols, emblems or devices of a height exceeding 200 millimetres.

E.5 The advertisement must not be displayed so that the highest part of it is 1.5 metres or more above the ground level.

E.6 The advertisement must not be illuminated.”.

5        Schedules 2 (site notice) and 3 (certificate of compliance) deleted

Schedules 2 and 3 are deleted.

6        Citation and commencement

This Order may be cited as the Planning and Building (Display of Advertisements – Amendment No. 2) (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