Planning and
Building (Public Inquiries) (Amendment) (Jersey) Order 2015
Made 12th October 2015
Coming into force 13th
October 2015
THE MINISTER FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 11,
12 and 124 of the Planning and Building (Jersey) Law 2002[1], orders as follows –
1 Interpretation
In this Order, the “principal Order” means the Planning
and Building (Public Inquiries) (Jersey) Order 2008[2].
2 Article 1
amended
In Article 1(1) of the principal Order –
(a) for the definition “eligible person” there shall
be substituted the following definition –
“ ‘eligible person’ means –
(a) the applicant;
(b) the Chief Officer
or any other person whose function is to advise the Chief Officer or the
Minister (as the case may be) on –
(i) planning matters in general,
(ii) any objective described in Article 2 of the Law, or
(iii) any technical matter arising in respect of the application;
(c) any person to whom
the application must be referred under Articles 14 to 17 of the Law;
(d) subject to Article 7(5)(c),
any person who, at the time that person’s eligibility falls to be
assessed, has –
(i) made a representation in respect of the application in
accordance with the Planning and Building (Application Publication) (Jersey)
Order 2006[3] (other than one who has
since indicated a wish to take no further part in the inquiry), or
(ii) submitted a statement of case under Article 7; and
(e) any other person
who, at the time that person’s eligibility falls to be assessed, has been
invited by the inspector to contribute to the public inquiry and agrees to do
so;”;
(b) after the definition “Law” there shall be
inserted the following definition –
“ ‘pre-inquiry meeting’ means a meeting held by an inspector under Article 8;”;
and
(c) the definitions “initial representation”,
“inquiry website”, “plenary hearing”,
“States’ employee” and “thematic hearing” shall
be deleted.
3 Article 3
amended
In Article 3 of the principal Order –
(a) for paragraph (1) there shall be substituted the following
paragraph –
“(1) The Minister shall appoint a
person who is –
(a) appointed, under Article 107
of the Law, as an inspector for the purposes of Part 7 of the Law; or
(b) to the
Minister’s satisfaction, a person of such qualifications and experience
as are equivalent to those of a person described in sub-paragraph (a),
as the inspector to conduct the inquiry.”;
(b) in paragraph (3) the words “, who are not
States’ employees,” shall be deleted; and
(c) for paragraphs (6) and (7) there shall be substituted
the following paragraph –
“(6) The Minister shall make
arrangements for the provision of such facilities as the inspector may
reasonably require for the discharge of his or her duties, including (but not
limited to) the provision of administrative support and facilities for
electronic communications.”.
4 Article 5
amended
In Article 5 of the principal Order, for paragraph (2)
there shall be substituted the following paragraph –
“(2) The announcement shall
specify –
(a) where and when the
application may be inspected, including the address of any inquiry website;
(b) the means by which,
and the format in which, statements of case may be submitted to the inquiry;
(c) the address, in
accordance with Article 20, to which any statements of case should be
sent;
(d) requirements, in
accordance with Article 7(2) to (4), as to the content of statements of
case and the documents which may accompany them; and
(e) a closing date for
the submission of statements of case, being not less than 28 days after
the date of the announcement.”.
5 Article 6
amended
(1) For
the heading to Article 6 of the principal Order there shall be substituted
the following heading –
“6 Submissions
to the inquiry”.
(2) In Article 6 –
(a) for paragraph (1) there shall be substituted the
following paragraph –
“(1) Submissions may be made to a
public inquiry by any of the following means –
(a) statements of case
under Article 7;
(b) proofs of evidence
under Article 13;
(c) appearance and being
heard in person at the inquiry.”; and
(b) in paragraph (2), for the words “A person
entitled to submit a representation to a public inquiry may use that
representation” there shall be substituted the words “A person entitled
to make a submission to a public inquiry may use that submission”.
6 Article 7
amended
(1) For
the heading to Article 7 of the principal Order there shall be substituted
the following heading –
(2) In Article 7 –
(a) for paragraph (1), there shall be substituted the
following paragraph –
“(1) A statement of case in
respect of the application –
(a) must be submitted
by the Chief Officer; and
(b) may be submitted by
any other person.”;
(b) in paragraph (2) –
(i) for the words “An initial representation” there
shall be substituted the words “A statement of case”, and
(ii) for sub-paragraphs (a) and (b) there shall be
substituted the following sub-paragraphs –
“(a) be in writing stating, in not
more than 1500 words, the key points which the person submitting the
statement wishes to make in respect of the application;
(b) in the case of a
statement submitted by a person other than the Chief Officer, contain the
person’s name and address; and”;
(c) in paragraph (3) –
(i) for the words “making the initial representation”
there shall be substituted the words “submitting the statement of
case”,
(ii) for the words “initial representation” in the
second place in which they occur there shall be substituted the words
“statement of case”, and
(iii) for
the words “or address at which” there shall be substituted the
words “and the address (including any electronic address) at
which”;
(d) in paragraph (4) –
(i) for the words “An initial representation” there
shall be substituted the words “A statement of case”, and
(ii) in sub-paragraph (b) for the words “initial
representation” there shall be substituted the word
“statement”;
(e) in paragraph (5) –
(i) for the word “Minister” there shall be
substituted the words “Chief Officer”,
(ii) in sub-paragraph (a) for the word
“Minister” there shall be substituted the words “Chief
Officer”,
(iii) in
sub-paragraph (b) for the words “initial representations”
there shall be substituted the words “statements of case”, and
(iv) for
sub-paragraph (c) there shall be substituted the following sub-paragraph –
“(c) the inspector may request
each person who made a representation to provide, before the closing date for
the submission of statements of case, so much of the information required by paragraphs (2)
and (3) as has not already been provided by that person, and if the person does
not submit the information requested, the inspector may decline to consider any
submissions by the person.”; and
(f) in paragraph (6) –
(i) for the words “initial representations” in each
place in which they occur there shall be substituted the words
“statements of case”, and
(ii) for the words “on the inquiry website” there
shall be substituted the words “electronically for that purpose (whether
on a website or otherwise)”.
7 Article 8
amended
(1) For
the heading to Article 8 of the principal Order there shall be substituted
the following heading –
“8 Pre-inquiry
meetings”.
(2) In paragraphs (1)
and (2) of Article 8, for the word “preliminary” in each place
in which it occurs there shall be substituted the word
“pre-inquiry”.
(3) For
paragraphs (3) to (7) of Article 8 there shall be substituted the
following paragraphs –
“(3) A pre-inquiry meeting shall
not be used as a forum for the making of submissions.
(4) The inspector shall circulate information
regarding a pre-inquiry meeting (which must include, but need not be limited
to, the date, time and address of the meeting) to all eligible persons.
(5) A pre-inquiry meeting shall be held in
public.”.
8 Articles 9,
10 etc. revoked
Articles 9, 10, 11 and 15 of the principal Order shall be deleted.
9 Article 12
amended
(1) In
the heading to Article 12 of the principal Order for the words
“statements of case” there shall be substituted the words
“proofs of evidence”.
(2) In Article 12 –
(a) in paragraph (1),
for the words “When the time allowed for making comments under Article 11(4)
has ended, the inspector shall consider any comments submitted and” there
shall be substituted the words “When the closing date for submission of
statements of case has passed, and any pre-inquiry meetings have been held, the
inspector shall”;
(b) for sub-paragraph (1)(a) there shall be substituted the
following sub-paragraph –
“(a) the date by which proofs of
evidence under Article 13 must be submitted (being a date not less than 7 days
before the inquiry to which they relate) and (where appropriate) a maximum
number of words to be used in each proof of evidence, whether generally or in relation
to a particular matter or matters;”;
(c) in sub-paragraph (1)(b), for the words “for each
hearing, and whether it is to be thematic or plenary;” there shall be
substituted the words “for the inquiry;”;
(d) in sub-paragraph (1)(c) –
(i) for the words “for each thematic hearing,” there
shall be substituted the words “so far as reasonably possible,”,
and
(ii) at the end there shall be added the words “on each day
on which an inquiry is to be held”; and
(e) for paragraph (2) there shall be substituted the
following paragraph –
“(2) If for any reason the
timetable is revised, the inspector shall circulate a revised version as soon
as possible after the revision, and in the same manner and to the same persons
as the timetable circulated under paragraph (1).”.
10 Article 13
substituted
(1) For
Article 13 of the principal Order there shall be substituted the following
Article –
(1) Any eligible person may submit a proof of
evidence, which –
(i) in writing,
(ii) to the address given for the purpose, in accordance with Article 20(1),
and
(iii) before
the date specified for the purpose in the timetable circulated under Article 12
(and if it is not submitted before that date, the inspector may decline to
admit in evidence any matter contained in it);
(b) must raise any
substantial point on which that person intends to rely and which has not
already been raised in a previous statement of case;
(c) must not exceed any
maximum number of words specified in that timetable; and
(d) may be accompanied by
supplementary documents that –
(i) are concise,
(ii) support points made in the proof of evidence, and
(iii) do not contain any matter that is not relevant to those
points.
(2) The inspector shall circulate to eligible
persons all proofs of evidence and supplementary documents submitted in
accordance with this Article.”.
11 Article 14
amended
(1) In
the heading to Article 14 of the principal Order, for the words
“hearings” there shall be substituted the words “the
inquiry”.
(2) For
Article 14(1) there shall be substituted the following paragraph –
“(1) An inquiry shall be held in
public, and may be held on one or more days (and if on more than one, these may
or may not be consecutive days).”.
(3) In Article 14(2)
for the words “a hearing” there shall be substituted the words
“an inquiry”.
(4) For
paragraphs (3) and (4) of Article 14 there shall be substituted the
following paragraph –
“(3) The inspector may determine
all matters of procedure relating to the conduct of an inquiry, including (but
not limited to) –
(a) cross-examination;
(b) the use and
admissibility of expert evidence; and
(c) the exclusion of
any person in the interests of good order,
and for that purpose may impose any reasonable conditions.”.
(5) In Article 14(5)
for the words “a hearing” there shall be substituted the words
“the inquiry”.
12 Article 16
amended
In Article 16 of the principal Order, at the end there shall be
added the following paragraph –
“(5) A site visit shall be treated
as a part of the inquiry, for the purposes of this Order and by the inspector
and all parties, and in particular the inspector shall regulate the conduct of
the site visit in accordance with the powers conferred by Article 14.”.
13 Article 17
amended
In Article 17(1) of the principal Order –
(a) for the words “hearings and any site visit”
there shall be substituted the word “inquiry”;
(b) for sub-paragraph (a) there shall be substituted the
following sub-paragraph –
“(a) collate and summarize for the
Minister the evidence submitted to the inquiry; and”; and
(c) in sub-paragraph (b), for the words “summarizing
and analyzing the representations” there shall
be substituted the words “setting out the inspector’s findings and
the grounds for them”.
14 Article 18
amended
In Article 18(1)(a) of the principal
Order, the words “, other than the Minister’s policy,” shall
be deleted.
15 Article 19
substituted
For the text of Article 19 of the principal Order there shall
be substituted the following –
“As soon as is
practicable after the Minister has determined the application, the Minister
shall –
(a) publish the
inspector’s report and the determination;
(b) arrange for a copy
of the inspector’s report to be made available for inspection by the
public, during normal office hours, without charge; and
(c) circulate to
eligible persons details as to how and where the report and determination may
be inspected.”.
16 Article 20
amended
(1) In
the heading to Article 20 of the principal Order, the word
“web” shall be deleted.
(2) In Article 20(1) –
(a) in sub-paragraph (a) the words “, in paper
form,” shall be deleted and after the semi-colon there shall be added the
word “or”;
(b) in sub-paragraph (b) the word “or” at the
end shall be deleted; and
(c) sub-paragraph (c) shall be deleted.
(3) In Article 20(2),
sub-paragraph (c) shall be deleted.
(4) For
Article 20(3) there shall be substituted the following paragraph –
“(3) A reference in this Order to publication
of a document or any matter is to publication in such a manner as is best
likely to bring the matter to the attention of those persons to whom the matter
is required or permitted to be published, including by publication on a website
or using any electronic means.”.
17 Article 21
revoked
Article 21 of the principal Order shall be deleted.
18 Citation
and commencement
This Order may be cited as
the Planning and Building (Public Inquiries) (Amendment) (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