Planning and
Building (Display of Advertisements) (Jersey) Order 2006
Made 28th June 2006
Coming into force 1st
July 2006
THE MINISTER FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 76 and
124 of the Planning and Building (Jersey) Law 2002[1], orders as follows –
1 Interpretation
In this Order –
“application” means
an application to display an advertisement made in accordance with Article
2(1)(b) or Article 7(1);
“by local advertisement”,
in respect of an application, means in a manner –
(a) that
is likely to bring the application to the attention of the public of Jersey;
(b) that
advises members of the public of Jersey where they may obtain further details
of the application; and
(c) that
advises members of the public of Jersey of the manner in which they may provide
representations to the Minister in respect of the application;
“by site display”,
in respect of a notice, means by the posting of the notice by firm affixture to
some object, sited and displayed in such a way as to be easily visible and
legible by members of the public;
“Law” means the Planning and Building (Jersey) Law 2002;
“protected site”
means –
(a) a
site of special interest; or
(b) a
building included on a register published by the Minister of buildings of
architectural, archaeological or historic interest.
2 Permission required for the
display of advertisements
(1) A
person must not display an advertisement on a building or land except with and
in accordance with the permission of the Minister granted –
(a) by
Article 10; or
(b) by
the Minister on application made to the Minister by that person and (if
different) by the owner of the building or land on which the advertisement is
to be displayed.
(2) A
person is not displaying an advertisement in accordance with permission granted
by the Minister if when doing so the person fails to comply with any condition
subject to which that permission was granted.
3 Publicity
for applications
(1) An
application must be publicized in accordance with this Article.
(2) All
applications will be publicized by the Minister by local advertisement.
(3) An
application must also be publicized by the applicant giving requisite notice by
site display in at least one place on or near to the land or building where the
advertisement will be displayed.
(4) The
notice –
(a) must
be displayed within 3 days of the applicant receiving from the Minister an
acknowledgement of the receipt of the application; and
(b) must
be displayed for at least 21 days.
(5) In
paragraph (3) “requisite notice” means notice in the form set out
in Schedule 2 or in a form substantially to the like effect.
(6) This
Article does not apply to any change in an application where the Minister has
advised the applicant that the change is so minor that the change does not need
to be publicized in accordance with this Article.
4 Evidence
of compliance
(1) An
applicant must show the Minister that the applicant has complied with Article
3(3) and (4) by requisite notice given to the Minister accompanied by a copy of
the relevant site notice displayed by the applicant.
(2) Article
10 of the Law shall apply to a notice given under paragraph (1) and the
site notice accompanying it as if they were part of an application for planning
permission.
(3) In
paragraph (1) “requisite notice” means notice in the form set out
in Schedule 3 or in a form substantially to the like effect.
5 Providing
representations in respect of an applications
(1) Except
as provided by paragraph (4), any representation in respect of an application
must be provided to the Minister within 21 days of the
application –
(a) first
being publicized by the Minister by local advertisement in accordance with
Article 3(2); or
(b) first
being publicized by site display by the applicant in accordance with Article
3(3),
whichever is the later.
(2) A
representation must be provided in writing and must contain the name of the
person providing the representation and details of how the person may be
contacted.
(3) It
may contain such other information as the person providing the representation
considers appropriate.
(4) If
the Minister considers that it would be in the public interest to do so, the
Minister may extend the period of 21 days mentioned in paragraph (1) by such
further period as the Minister consider appropriate.
(5) The
Minister may do so before or at any time after the end of the period of 21
days.
6 Grant
of permission to display an advertisement
(1) When
considering an application the Minister –
(a) will
take into account all representations made to him or her; and
(b) will
also take into account all material considerations including the effect the
proposed advertisement would have on the environment generally and in
particular on the environment of any protected site; and
(c) will
not grant permission to display an advertisement in a way that is inconsistent
with the Island Plan unless he or she has been satisfied by the applicant that
there is sufficient justification for doing so.
(2) The
Minister may –
(a) grant
permission to display an advertisement on a building or land unconditionally or
subject to conditions; or
(b) refuse
to grant the permission sought.
7 Minister
may grant permission for advertisement already displayed
(1) The
Minister may, on an application made to the Minister, grant permission for the
display of an advertisement on a building or land where the advertisement was
already being displayed –
(a) without
permission from the Minister; or
(b) without
complying with a condition subject to which permission for the display of the
advertisement was given.
(2) The
Minister may grant permission under paragraph (1) to have effect from the date
the advertisement was first displayed.
8 Conditions
attached to the grant of permission to display an advertisement
The conditions the Minister may attach to the grant of permission to
display an advertisement on a building or land will fairly and reasonably
relate to the proposed display of the advertisement and may, in particular,
relate to all or any of the following –
(a) the
dimensions, design, structure or external appearance of the advertisement;
(b) the
materials to be used in the construction of the advertisement;
(c) the
position where the advertisement may be sited on the building or land;
(d) any
illumination of the advertisement.
9 Permission
to display advertisement attaches to land
(1) The
grant of permission to display an advertisement inures (except insofar as the
permission otherwise provides) for the benefit of the building or land on which
the advertisement is displayed and of each person for the time being having an
estate or interest in that building or land.
(2) A
condition attached by the Minister to the grant of permission to display an
advertisement on a building or land binds and is enforceable by the Minister
against a person for the time being having an estate or interest in that
building or land.
10 Approved
advertisements
(1) Subject
to the provisions of this Order, permission is hereby granted for the display
of an advertisement described as an approved advertisement in Schedule 1.
(2) The
permission granted by paragraph (1) for the display of an approved
advertisement is subject to any relevant exceptions, limitations or condition
specified in Schedule 1 in respect of that advertisement.
(3) This
Article does not apply in respect of a protected site.
11 Directions
restricting approved advertisements
(1) This
Article applies where the Minister is satisfied that in respect of a particular
building or area of land it is expedient that approved advertisements of a
class specified in Schedule 1 should not be displayed on the building or area
of land unless permission is granted by the Minister on application made to the
Minister.
(2) The
Minister may give a direction that the permission granted by Article 10 shall
not apply in respect of the building or area of land to the display of
advertisements of the class specified in the direction.
(3) The
Minister will serve notice of a direction given under paragraph (2) on the
owner and occupier (if different) of the building or land to which it applies.
(4) A
direction under paragraph (2) has effect from the service of the notice on the
owner of the building or land in accordance with paragraph (3).
12 Revocation
and modification of permission
(1) The
Minister may revoke or modify his or her permission to display an advertisement
(including permission given by Article 10) by giving the owner of the land on
which the advertisement is displayed at least 28 days written notice.
(2) If
permission to display an advertisement is revoked in accordance with paragraph
(1) the owner of the building or land must remove the advertisement or cause
the advertisement to be removed before the end of the period specified in the
notice.
(3) If
a notice under paragraph (1) requires any modification to be made to or in
respect of an advertisement that modification must be made before the end of
the period specified in the notice.
(4) Articles
27(5) – (10) and 116 of the Law (in respect of compensation and appeals) shall
apply to a decision by the Minister to revoke or modify his or her permission
to display an advertisement as if it were a decision to revoke or modify
planning permission.
13 Citation
and commencement
(1) This
Order may be cited as the Planning and Building (Display of Advertisements)
(Jersey) Order 2006.
(2) It
shall come into force on 1st July 2006.
senator f.e. cohen
Minister for Planning and
Environment