Planning
and Building (General Development – Conservation Areas) (Jersey) Amendment
Order 2024
Made 12 August 2024
Coming into
force 19 August 2024
1 Planning and Building
(General Development) (Jersey) Order 2011 amended
Articles 2 to 10
amend the Planning
and Building (General Development) (Jersey) Order 2011.
2 Article 1 (interpretation)
amended
In Article 1 –
(a) for the definition “AAP”
there is substituted –
“ “AAP” means an area designated by the Minister as an area of
archaeological potential under Article 6(4) of the Law;”;
(b) for the definition “CA”
there is substituted –
“ “conservation area” or “CA” means an area designated by the
Minister as a conservation area under Article 56A of the Law;”;
(c) after the definition
“flat” there is inserted –
“ “foreshore” means the land
that lies between the limits of the highest and lowest tides;”;
(d) the definitions
“Minister’s register” and “pLBP” are deleted.
3 Part 1 of Schedule 1
amended
(1) This
Article amends Part 1 of Schedule 1 (work carried out to, and within the
curtilage of, a dwelling-house).
(2) In Class A, in the entry “Work not permitted”, in the
second column of the table –
(a) in
paragraph A.2(b), “or pLBP” is deleted;
(b) after paragraph A.2(b)
there is inserted –
“(ba) with the exception of the erection of a free-standing flagpole, the
dwelling-house is in a CA and the work is visible from a road or the foreshore;”;
(c) in paragraph A.2(e),
“, pLBP” is deleted.
(3) In Class B, in the entry “Work not
permitted”, in the second column of the table, in paragraph B.2(a) –
(a) “or pLBP” is deleted;
(b) after “principal
elevation of the dwelling house” there is inserted “or are visible from a road
or the foreshore”.
(4) In Class C, in the entry “Work not
permitted”, in the second column of the table –
(a) in paragraph C.2(a)(i),
“or pLBP or is in a CA” is deleted;
(b) after paragraph C.2(a)(ii)
there is inserted –
“(iii) the dwelling-house is
in a CA and the work is visible from a road or the foreshore;”.
(5) In
Class D, in the entry “Work not permitted”, in the second column of the
table –
(a) in
paragraph D.2(a), “or pLBP or is in a CA” is deleted;
(b) after paragraph D.2(a)
there is inserted –
“(aa) the dwelling-house is in
a CA and the work is visible from a road or the foreshore;”.
(6) In
Class E, in the entry “Work not permitted”, in the second column of the
table –
(a) in paragraph E.2(a),
“or pLBP” is deleted;
(b) after paragraph E.2(a)
there is inserted –
“(aa) the dwelling-house is in
a CA and the work is visible from a road or the foreshore;”.
(7) In
Class F, in the entry “Work not permitted”, in the second column of the
table, in paragraph F.2 for “or pLBP, or is in a CA” there is substituted
“or, if the building is in a CA, the work is visible from a road or the
foreshore”.
4 Part 2 of Schedule 1
amended
(1) This
Article amends Part 2 of Schedule 1 (work carried out to, and within the
curtilage of, a building containing one or more flats).
(2) In
Class A, in the entry “Work not permitted”, in the second column of the table –
(a) in paragraph A.2(a),
“or pLBP” is deleted;
(b) after paragraph A.2(a)
there is inserted –
“(aa) the building is in a CA
and the work is visible from a road or the foreshore;”.
(3) In
Class AA, in the entry “Work not permitted”, in the second column of the table –
(a) in paragraph AA.2(a),
“or pLBP” is deleted;
(b) after paragraph AA.2(a)
there is inserted –
“(aa) the building is in a CA
and the work is visible from a road or the foreshore;”.
(4) In
Class B, in the entry “Work not permitted”, in the second column of table –
(a) for paragraph B.2(a)
there is substituted –
“(a) the building is or
forms part of a LBP, or is in an AAP;”;
(b) after paragraph B.2(a)
there is inserted –
“(aa) the building is in a CA
and the work is visible from a road or the foreshore;”.
(5) In
Class C, in the entry “Work not permitted”, in the second column of the table –
(a) in paragraph C.2(a)(i),
for “or its curtilage is or forms part of a LBP or pLBP or is in a CA” there is
substituted “or its curtilage, is or forms part of a LBP”;
(b) after paragraph C.2(a)(ii)
there is inserted –
“(iii) the building concerned, or its curtilage, is
in a CA and the work is visible from a road or the foreshore;”.
(6) In
Class D, in the entry “Work not permitted”, in the second column of the
table –
(a) in paragraph D.2(a),
“or pLBP or is in a CA” is deleted;
(b) after paragraph D.2(a)
there is inserted –
“(aa) the building is in a CA
and the work is visible from a road or the foreshore;”.
(7) In
Class E, in the entry “Work not permitted”, in the second column of the
table, in paragraph E.2 for “or pLBP, or is in a CA” there is substituted
“or, if the building is in a CA, the work is visible from a road or the
foreshore”.
5 Part 3 of Schedule 1
amended
(1) This
Article amends Part 3 of Schedule 1 (repairs, maintenance and minor works
to land and buildings).
(2) In
Class A, in the entry “Work not permitted”, in the second column of the table,
for paragraph A.2 there is substituted –
“A.2 Work is not permitted by Class A if –
(a) the building is or
forms part of a LBP and the part of the building to be painted has never been
painted; or
(b) the building is
situated in a CA, the part of the building to be painted or repainted is
visible from a road or the foreshore and the appearance of the building would
be materially altered by the painting or repainting.”.
(3) In
Class AB, in the entry “Work not permitted”, in the second column of the table, in
paragraph AB.2(b) for “LBP or pLBP, or is in an AAP or CA” there is substituted
“LBP, or is in an AAP”.
(4) In
Class B, in the entry “Work not permitted”, in the second column of the
table, in paragraph B.2(c), for “LBP or pLBP, or the building is in a CA
and the installation would face a road” there is substituted “LBP, or the
building is in a CA and the installation would be visible from a road or the
foreshore”.
(5) In
Class BA –
(a) in the entry “Work not
permitted”, in the second column of the table, in paragraph BA.2 for “or
pLBP” there is substituted “or, if the building is in a CA, the installation is
visible from a road or the foreshore”;
(b) in the entry
“Conditions”, in the second column of the table, after paragraph BA.3
there is inserted –
“BA.4 If
the building is in a CA, the dimensions of a security camera (excluding any
mounting, fixing, bracket or other support structure) must not exceed 150 millimetres
in width, length or depth.”.
(6) In
Class BB, in the entry “Work not permitted”, in the second column of the table,
in paragraph BB.2, for “or pLBP” there is substituted “or, if the building
is in a CA, the work is visible from a road or the foreshore”.
(7) In
Class D –
(a) in the entry “Permitted
development”, in the second column of the table, for paragraph D.1 there
is substituted –
“D.1 Any operation
carried out within the boundaries of a private way for the purpose of improving
the private way, including –
(a) the
installation of lamp standards, seats, cycle racks, refuse bins, bollards,
barriers for the control of people or vehicles, and similar structures required
in connection with the private way; and
(b) the
carrying out of works to construct or maintain, improve or otherwise alter the
surface of the private way.”;
(b) in the entry “Work not
permitted”, in the second column of the table –
(i) in paragraph D.2(b), “or pLBP or is
in a CA” is deleted,
(ii) after paragraph D.2(b)
there is inserted –
“(c) the land is in a CA and
the work is visible from a road or the foreshore.”.
(8) In
Class E, in the entry “Work not permitted”, in the second column of the table,
in paragraph E.2(a), for “LBP or pLBP, or in an AAP or CA” there is substituted
“LBP, or is in an AAP or CA”.
(9) In
Class F, in the entry “Work not permitted”, in the second column of the table,
in paragraph F.2(a) for “of pLBP or is in a CA” there is substituted “or, if
the building is in a CA, the work is visible from a road or the foreshore”.
(10) In
Class G, in the entry “Work not permitted”, in the second column of the table,
in paragraph G.2(b), “or pLBP” is deleted.
(11) In
Class I, in the entry “Work not permitted”, in the second column of the table,
in paragraph I.2(b), “or pLBP” is deleted.
(12) In
Class K –
(a) in the entry “Work not
permitted”, in the second column of the table, in paragraph K.2(a) for “or
pLPB or is in a CA” there is substituted “or, if the building is in a CA, the
work is visible from a road or the foreshore”;
(b) in the entry
“Conditions”, in the second column of the table, for paragraph K.3 there
is substituted –
“K.3 If the building is or is part of a LBP the
work must not result in the permanent alteration or removal of any feature that
gives rise to the listing of the building as a LBP.”.
(13) In
Class L, in the entry “Work not permitted”, in the second column of the
table, in paragraph L.2 for “or pLBP” there is substituted “or, if the
building is in a CA, the work is visible from a road or the foreshore”.
(14) In
Class M, in the entry “Work not permitted”, in the second column of the table –
(a) in
paragraph M.2(a)(i), “or pLBP or is in a CA” is deleted;
(b) after paragraph M.2(a)(ii)
there is inserted –
“(iii) the work is in a CA and the work is visible
from a road or the foreshore;”.
(15) In
Class N, in the entry “Work not permitted”, in the second column of the table,
in paragraph N.2 for “or pLBP” there is substituted “or, if the building
is in a CA, the work is visible from a road or the foreshore”.
(16) After
Class N, there is inserted –
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“CLASS O
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Permitted development
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O.1
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The installation of apparatus to provide external
illumination (“lighting apparatus”).
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Work not permitted
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O.2
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Work is not
permitted by Class O if –
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(a)
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the land or
building is in a CA and the area illuminated would be visible from a road or
the foreshore; and
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(b)
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any of the
following apply –
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(i)
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the work would
result in more than 1 lighting apparatus on any single elevation or
structure,
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(ii)
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the lighting
apparatus is more than 30 cm in any dimension,
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(iii)
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the light output
from the lighting apparatus is more than 500 lumens”.
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6 Part 4 of Schedule 1
amended
(1) This
Article amends Part 4 of Schedule 1 (the installation of equipment for the
generation of electricity from renewable sources or for the efficient use of
energy).
(2) In
Class A, in the entry “Work not permitted”, in the second column of the table,
in paragraph A.2(a) –
(a) “or pLBP” is deleted;
(b) for “in the case where
the installation is to be located on a principal elevation, the building is in
a CA” there is substituted “if the building is in a CA, the installation is
visible from a road or the foreshore”.
(3) In
Class B, in the entry “Work not permitted”, in the second column of the table,
in paragraph B.2 for “or pLBP or, in a case where an air-pump is to be
situated on a principal elevation of a building, the building is in a CA” there
is substituted “or, if the building is in a CA, the installation is visible
from a road or the foreshore”.
(4) In
Class C, in the entry “Work not permitted”, in the second column of the
table, for paragraph C.2(e) there is substituted –
“(e) the building to which the
turbine is to be attached –
(i) is
or forms part of a LBP, or
(ii) is
in a CA; or
(f) the
wind-turbine is within the curtilage of a building but is not attached to the
building, and the building and its curtilage –
(i) is
or forms part of a LBP,
(ii) is
in an AAP, or
(iii) is
in a CA and the turbine is visible from a road or the foreshore.”.
7 Part 5 of Schedule 1
amended
(1) This
Article amends Part 5 of Schedule 1 (development at industrial or similar
premises).
(2) In
Class A, in the entry “Work not permitted”, in the second column of the
table, in paragraph A.2(a), “or pLBP” is deleted.
(3) In
Class B, in the entry “Work not permitted”, in the second column of the
table –
(a) in paragraph B.2(a),
“or pLBP or is in a CA” is deleted;
(b) after paragraph B.2(a)
there is inserted –
“(aa) the building is in a CA
and the work is visible from a road or the foreshore;”.
8 Part 6 of Schedule 1
amended
(1) This
Article amends Part 6 of Schedule 1 (development by providers of public services
and utilities).
(2) In
Class A –
(a) in the entry “Permitted
development”, in the second column of the table, after paragraph A.1(b)
there is inserted –
“(c) road surfaces or the surfaces of other
public areas administered by the public authority.”;
(b) in the entry “Work not
permitted”, in the second column of the table –
(i) in paragraph A.2(b), “or pLBP” is
deleted,
(ii) after paragraph A.2(b)
there is inserted –
“(c) the land is in a CA and
the work is visible from a road or the foreshore.”.
(3) In
Class B, in the entry “Work not permitted”, in the second column of the
table –
(a) in paragraph B.2(a)
“or pLBP” is deleted;
(b) after paragraph B.2(a)
there is inserted –
“(aa) the work is to be carried
out on land that is in a CA and the work is visible from a road or the foreshore,
unless the work is emergency works or urgent works, as defined in the Road Works and
Events (Jersey) Law 2016;”.
(4) In
Class C, in the entry “Work not permitted”, in the second column of the
table, in paragraph C.2, for “LBP or pLBP or is or is part of in an AAP or
CA” there is substituted “LBP, or is in or is part of an AAP or CA”.
(5) In
Class D, in the entry “Work not permitted”, in the second column of the
table, in paragraph D.2, “or pLBP” is deleted.
9 Part 7 of Schedule 1
amended
In Part 7 of
Schedule 1 (demolition), in Class A, in the entry “Work not permitted”, in
the second column of the table, in paragraph A.2(a), “or pLBP” is deleted.
10 Part 9 of Schedule 1
amended
(1) This
Article amends Part 9 of Schedule 1 (emergency development by the
Government of Jersey).
(2) In
the Part heading for “Government of Jersey” there is substituted “Minister”.
(3) In
Class A –
(a) in the entry “Permitted
development”, in the second column of the table –
(i) in paragraph A.1(a)(i) for
“Government of Jersey” there is substituted “Minister”,
(ii) in paragraph A.1(b)
for “Government of Jersey” there is substituted “Minister”;
(b) in the entry “Limitation
and conditions”, in the second column of the table –
(i) in paragraph A.3(2) for “or pLBP, or
is in an AAP” there is substituted “, or is in an AAP or CA”,
(ii) in paragraph A.3(2)(a),
“or pLBP” is deleted,
(iii) after paragraph A.3(2)(b)
there is inserted –
“(c) in the case of a CA, it
does not involve work that would damage or significantly harm the character or
appearance of that land.”.
11 Consequential amendments
(1) In
Article 9 (grant of permission to use or station a caravan) of the Planning and
Building (Caravans) (Jersey) Order 2023 –
(a) in paragraph (1)(b),
“or conservation area” is deleted.
(b) for paragraph (3)
there is substituted –
“(3) In
this Article, “protected site” means –
(a) a site of special
interest, as defined in Article 50 of the Law; or
(b) a conservation area
designated by the Minister under Article 56A of the Law.”.
(2) In
Article 1 (interpretation) of the Planning and
Building (Display of Advertisements) (Jersey) Order 2006, for the
definition “protected site” there is substituted –
“ “protected site” means –
(a) a site of special
interest, as defined in Article 50 of the Law; or
(b) a conservation area
designated by the Minister under Article 56A of the Law.”.
(3) In
Article 2 (fees to accompany an application for planning permission) of the Planning and
Building (Fees) (Jersey) Order 2008 –
(a) for paragraph (3) there
is substituted –
“(3) No
fee is payable if –
(i) it is in, or within the curtilage of, a
place or building that is or forms part of a LBP, or
(ii) it is in a conservation
area.”;
(b) in paragraph (4), for
“and “pLBP” ” there is substituted “and conservation area”.
(4) In
Article 1 (interpretation) of the Planning and
Building (Moveable Structures) (Jersey) Order 2006, for the definition
“protected site” there is substituted –
“ “protected site” means –
(a) a site of special
interest, as defined in Article 50 of the Law; or
(b) a conservation area
designated by the Minister under Article 56A of the Law.”.
12 Citation and commencement
This Order may be cited as the Planning and Building (General
Development – Conservation Areas) (Jersey) Amendment Order 2024 and comes
into force 7 days after it is made.
Deputy S.G. Luce of Grouville
and St. Martin
Minister for the Environment