Planning and
Building (General Development) (Amendment No. 4) (Jersey) Order 2016
Made 5th December 2016
Coming into force 30th
December 2016
THE MINISTER FOR THE ENVIRONMENT, in pursuance of Articles 8(3)(a) and
124 of the Planning and Building (Jersey) Law 2002[1], orders as follows –
1 Article 1
amended
In Article 1 of the
Planning and Building (General Development) (Jersey) Order 2011[2] –
(a) after the word “CA” there shall
be inserted the following definition –
“ ‘day care accommodation’ has the same
meaning as in the Day Care of Children (Jersey) Law 2002[3];”;
(b) after the definition “flat”
there shall be inserted the following definition –
“ ‘ground floor level’ in respect of a
building means the level immediately below the 1st floor of the building to the
ground level;”;
(c) after the definition “road”
there shall be inserted the following definitions –
“ ‘school’ means a nursery school, primary
school or secondary school (within the meaning of the Education (Jersey) Law 1999[4]);
‘security camera’ means a closed circuit television or
any other system for recording or viewing visual images for the purpose of assisting
in the safeguarding of persons or property;”;
(d) after the definition “sun-pipe”
there shall be added the following definition –
“ ‘telecommunications services’ means any
service consisting in the installation, maintenance, adjustment, repair, alteration,
moving, removal or replacement of apparatus that is or is to be connected to a
telecommunication system.”.
2 Schedule 1
amended
In Schedule 1 to the Planning and Building (General
Development) (Jersey) Order 2011[5] –
(a) in
Part 1, in the entry for a permitted development of
Class A –
(i) in
the second column of the item “Permitted
development” –
(A) in paragraph A.1(a) the
word “or” shall be deleted,
(B) after paragraph A.1(b)
there shall be added the following sub-paragraphs –
“(c) the replacement of any conservatory roof;
(d) the installation of a
retractable awning on the dwelling-house.”,
(ii) in
the second column of the item “Work not permitted”, in paragraph A.2(a),
after the word “structure,” there shall be inserted the words
“retractable awning,”,
(iii) in
the second column of the item “Conditions”, after paragraph A.5
there shall be added the following paragraph –
“A.6 In
the case of the installation of a retractable awning, it must not be installed
above ground floor level.”;
(b) in
Part 1, in the entry for a permitted development of
Class E –
(i) in
the second column of the item “Work not permitted”, for paragraphs E.2(b)
and (c) there shall be substituted the following sub-paragraph –
“(b) the
work includes the insertion of a gable window.”,
(ii) in
the second column of the item “Conditions”, for paragraph E.4
there shall be substituted the following paragraph –
“E.4 Where
any skylight faces an adjoining residential property and is installed closer
than 10 metres from the boundary of that residential property, the lowest
part of its frame must be at least 1.7 metres above the finished floor
level of the internal roof space.”;
(c) in
Part 2 in the entry for a permitted development of Class A –
(i) in
the second column of the item “Work not permitted”, for
paragraphs A.2(b) and (c) there shall be substituted the following
sub-paragraph –
“(b) the
work includes the insertion of a gable window.”,
(ii) in
the second column of the item “Conditions”, for paragraph A.4
there shall be substituted the following paragraph –
“A.4 Where
any skylight faces an adjoining residential property and is installed closer
than 10 metres from the boundary of that residential property, the lowest
part of its frame must be at least 1.7 metres above the finished floor
level of the internal roof space.”;
(d) in
Part 2, after the entry for a permitted development of Class A, there
shall be inserted the following entry –
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“CLASS AA
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Permitted development
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AA.1
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The installation of a
retractable awning on a building.
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Work not permitted
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AA.2
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Work is not permitted by Class AA if –
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(a)
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the building is or forms part of a LBP or pLBP;
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(b)
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the work involves the installation of a retractable awning onto
the principal elevation of the building.
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Conditions
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AA.3
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The retractable awning must not be installed above ground floor
level.”;
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(e) in
Part 3, in the entry for a permitted development of Class B, in the
second column of item “Work not permitted”, in paragraph B.2(a),
for the words “60 centimetres” there shall be substituted the
words “1.2 metres”;
(f) in
Part 3, after the entry for a permitted development of Class B there
shall be inserted the following entries –
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“CLASS BA
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Permitted development
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BA.1
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The installation of a
security camera on a building.
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Work not permitted
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BA.2
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Work is not permitted by Class BA if the building is or forms
part of a LBP or pLBP.
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Conditions
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BA.3
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The field of vision of a security camera must so far as is
practicable not extend beyond the boundaries of the land where it is sited.
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CLASS BB
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Permitted development
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BB.1
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The installation of a
retractable awning on a building that is day care accommodation or a school.
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Work not permitted
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BB.2
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Work is not permitted by Class BB if the building is or forms
part of a LBP or pLBP.
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Conditions
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BB.3
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The retractable awning must not be installed above ground floor
level.”;
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(g) in
Part 3, in the entry for a permitted development of Class D, in the
second column of the item “Permitted development” –
(i) for
paragraph D.1 there shall be substituted the following
paragraph –
“D.1 Any operation
carried out within the boundaries of a private way for the purpose of improving
the private way, including 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.”,
(ii) the
item “Conditions” shall be deleted;
(h) in
Part 3, in the entry for a permitted development of Class F –
(i) in
the second column of the item “Permitted
development”, in paragraph F.1(k), after the word “maximum” there shall be inserted the word “additional”,
(ii) in
the second column of the item “Work not permitted”, for paragraphs F.2
and F.2A there shall be substituted the following paragraph –
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“F.2
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Work is not permitted by Class F if –
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(a)
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the building is or forms part of a LBP of pLBP or is in a CA;
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(b)
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the replacement of a roof covering, including a height increase, alters
the shape of the roof;
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(c)
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the work includes the insertion of a gable window;
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(d)
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the work is to a shop front;
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(e)
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any work creates or widens a means of access to a road.”,
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(iii) in
the second column of the item “Conditions”, for paragraphs F.5
to F.8 there shall be substituted the following paragraphs –
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“F.5
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Subject to paragraph F.9, where any skylight faces an
adjoining residential property and is installed closer than 10 metres
from the boundary of that residential property, the lowest part of its frame
must be at least 1.7 metres above the finished floor level of the
internal roof space.
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F.6
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Subject to paragraph F.9, the width of any dormer window,
when measured from the outer edges of its frame, must not exceed 1.2 metres.
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F.7
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Subject to paragraph F.9, there must not be more than 2 dormer
windows on a roof plane, and the aggregate area of any dormer windows and
skylights must not exceed 50% of the total area of the roof plane on which
they are installed.
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F.8
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Subject to paragraph F.9, any glazed face of a dormer window
that faces an adjoining residential property, must be situated no closer than
10 metres from the boundary of the property it faces.
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F.9
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In the case of the replacement of an existing skylight or dormer
window that does not comply with one or more of the conditions in paragraphs
F.5 to F.8, the replacement skylight or dormer window must be of the same
dimensions as the skylight or dormer window, as the case may be, that it is
replacing, and either be sited in the same position as the original or be
re-positioned so as to comply with the conditions in those paragraphs.”;
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(i) in
Part 3, in the entry for a permitted development of Class G –
(i) in
the second column of the item “Permitted
development”, for the words “an agricultural field”
there shall be substituted the words “agricultural land”,
(ii) in
the second column of the item “Work not permitted”, for paragraph G.2(a)
there shall be substituted the following sub-paragraph –
“(a) the
work includes the construction or extension of a hardstanding or other solid
foundation; or”,
(iii) in
the second column of the item “Conditions” for paragraphs G.3
to G.7 there shall be substituted the following paragraphs –
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“G.3
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Where a structure is erected on or after 1st February 2017 –
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(a)
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the structure must not exceed 2.5 metres in height nor have
an internal area of more than 15 square metres;
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(b)
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there must not be more than 1 structure with a height of 1.5 metres
or more in any 5 vergées;
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(c)
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where the maximum height of the structure is 1.5 metres or
more but less than 2.5 metres –
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(i)
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it must be constructed predominantly in timber,
its internal area must not exceed 15 square metres, and
at least one of its sides must be entirely open;
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(ii)
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(iii)
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(d)
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where the maximum height of the structure is 1.5 metres or
less, its internal area must not exceed 5 square metres.
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G.4
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If a structure is no longer used to shelter livestock, the
structure and any hardstanding or other structure forming its base must be
removed and the land restored to its former condition.
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G.5
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The structure must not be erected within 5 metres of any boundary.”;
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(j) in
Part 3, in the entry for a permitted development of Class K, in the
second column of the item “conditions”, paragraph K.4 shall be
deleted;
(k) in
Part 3, after the entry for a permitted development of Class K there
shall be inserted the following entries –
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“CLASS L
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Permitted development
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L.1
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The installation,
alteration or replacement of gutters, hoppers, downpipes, drains or other rainwater
goods, or verges or fascia boards on a building.
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Work not permitted
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L.2
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Work is not permitted by Class L if the building is or forms
part of a LBP or pLBP.
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CLASS M
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Permitted development
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M.1
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The maintenance or
replacement of an existing driveway, turning area, car park, patio, pathway,
decked area or other hardstanding or the conversion of any existing driveway,
turning area, car park, patio, pathway, decked area or other hardstanding to
a lawn or planting area within the curtilage of any building.
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Work not permitted
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M.2
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Work is not permitted by Class M if –
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(a)
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in the case of a driveway, turning area or car park –
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(i)
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the building or its curtilage is or forms part of a LBP or pLBP or
is in a CA,
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(ii)
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the building concerned, or its curtilage, is in an AAP and excavation
is involved;
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(b)
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the driveway, turning area, car park, patio, pathway, decked area
or other hard standing or raised planting area exceeds 40 centimetres in
height above or below the existing ground level;
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(c)
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the work involves the formation or widening of a means of access
to a road;
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(d)
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the work creates an obstruction to the view of a person using a
road at or near a bend, corner, junction or intersection so as to be likely
to cause danger to such a person;
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(e)
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the work would result in the discharge of surface water onto a
road adjoining the property and the approval of any highway authority to the
discharge has not been obtained.
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CLASS N
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Permitted development
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N.1
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The installation of
electricity meter boxes
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Work not permitted
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N.2
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Work is not permitted by Class N if the building on which the
meter is installed is or forms part of a LBP or pLBP.
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Condition
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N.3
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The dimensions of any metre box must not exceed 850 millimetres
in width, 1200 millimetres in length, or 500 millimetres in depth.”;
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(l) in
Part 4, in the entry for a permitted development of Class B, in the
second column of the item “conditions”, after paragraph B.3,
there shall be inserted the following paragraph –
“B.4 Where the installation of the
system is on agricultural land, every pipe must be positioned at a depth of no
less than one metre below ground level and any top soil that is removed for the
purpose of the installation must be re-instated to its original land
level.”;
(m) in Part 6,
in the entry for a permitted development of Class A, in the second column
of the item “Permitted development” –
(i) in
paragraph A.1(a), for the word “works”
there shall be substituted the words “temporary
works”,
(ii) for
paragraph A.1(b) there shall be substituted the following sub-paragraph –
“(b) lamp
standards, bus shelters, public seats, fire alarms, cycle racks, security
cameras, refuse bins, bollards, barriers for the control of people and vehicles
and similar structures required in connection with the operation of a public
service administered by them.”;
(n) in
Part 6, in the entry for a permitted development of Class B –
(i) in
the second column of the item “Permitted
development”, in paragraph B.1, for the words “water or
electricity” there shall be substituted the words “water,
electricity or telecommunications services”,
(ii) in
the second column of the item “work not permitted”, after paragraph B.2(b)
there shall be added the following sub-paragraph –
“(c) the work is carried out on
land that is, or from time to time is, covered by sea water.”;
3 Citation
and commencement
This Order may be cited as
the Planning and Building (General Development) (Amendment No. 4) (Jersey)
Order 2016 and shall come into force on 30th December 2016.
DEPUTY S.G. LUCE OF ST. MARTIN
Minister for the Environment