Planning and
Building (Planning Applications Committee – Proceedings) (Jersey)
Order 2015
Made 20th April 2015
Coming into force 21st
April 2015
THE MINISTER FOR PLANNING AND ENVIRONMENT, in pursuance of Article 9A(4) of the Planning and Building (Jersey) Law 2002[1], orders as follows –
1 Interpretation
In this Order –
“Committee” means
the Planning Applications Committee established under Article 9A of the
Law and Standing Order 141A of the States of Jersey[2], and a reference to a member
is to a member of that Committee;
“Law” means the
Planning and Building (Jersey) Law 2002[3], and a reference to an
Article by number and without more is a reference to an Article of the Law.
2 Quorum etc.
(1) The
quorum for consideration of any particular matter at a meeting of the Committee
shall be 3 members who are personally present,
one of whom may be the chairman of the Committee.
(2) If
the quorum is constituted, then (whether for the whole of the meeting or for
consideration of any particular matter at the meeting) –
(a) if the chairman is present, he or she shall preside; and
(b) in the absence of the chairman, the members present shall
elect one of their number to preside.
(3) If,
in relation to consideration of any particular matter at the meeting, a quorum
is not constituted, the matter shall be adjourned to the next meeting.
(4) The
chairman shall decide when the Committee is to meet.
3 Determination in case of equality of votes
(1) Where,
on any matter falling to be determined by the Committee under the Law, an
equality of votes arises at a meeting, the matter shall be deemed to have been determined
in the negative.
(2) In particular,
and not in derogation from the general principle stated in paragraph (1),
that paragraph shall apply so that –
(a) for the purposes of an appeal under Part 7 of the Law, an
application which relates to a decision (including a refusal) under Article 19, 20
or 21 shall be deemed to have been refused;
(b) no notice terminating planning permission under Article 26
shall be served;
(c) no decision shall be taken or deemed to have been taken to
revoke or modify planning permission under Article 27;
(d) no enforcement notice shall be served under Article 40,
or varied or withdrawn under Article 42;
(e) no stop notice shall be served under Article 45;
(f) permission shall not be granted for the display of
advertisements under the provisions of any Order made in pursuance of Article 76;
(g) permission shall not be granted for the erection,
stationing, or use of moveable structures under the provisions of any Order
made in pursuance of Article 81.
(3) In paragraph (2)(a), reference to an application includes a request for review
by the Committee of an initial decision under Article 22A.
4 Citation and commencement
This Order may be cited as the Planning and Building (Planning
Applications Committee – Proceedings) (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