Planning and
Building (Display of Advertisements – Amendment No. 2) (Jersey) Order 2023
Made 24th May 2023
Coming into
force 31st May 2023
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.
(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 –
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“Class E
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Approved advertisement
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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.
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Advertisement not approved
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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.
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Conditions
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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.”.
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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