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Part 2  4

A LAW to further amend the Planning and Building (Jersey) Law 2002 and repeal the Planning and Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021.

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

(1)     The Minister must prepare and lodge a draft Island Plan for approval by the States.

(1A)  The Minister may prepare a draft revision of an Island Plan or a draft revision of the bridging island plan at any time during the period that the plan is in effect.

(2A)  A draft Island Plan must be lodged in time for the States to be able to approve it, with or without amendment, as follows –

(a)     if the draft Island Plan is replacing the bridging island plan, within 3 years of the approval of the bridging island plan by the States or within a reasonable time after the end of that period; or

(b)     if the draft Island Plan is replacing an Island Plan other than the bridging island plan, within 10 years of the approval of the Island Plan that is being replaced or within a reasonable time after the end of that period.

(2C)   When lodging a draft Island Plan or when proposing a revision of either an Island Plan or the bridging island plan, the Minister must do so in accordance with the procedures set out in Regulations made under Article 4A.

(6)     When preparing a draft Island Plan, a draft revision of an Island Plan or a draft revision of the bridging island plan, the Minister must consider representations that the Minister has received, if any.

(6A)  If, according to Regulations made under Article 4A, the representations are required to be considered by an independent planning inspector, the Minister must appoint an inspector in accordance with those Regulations.

4A     Regulations to set out Island Plan procedures

(1)     The States may make Regulations to set out the procedures that must be followed in relation to the lodging of a draft Island Plan, including (but not limited to) –

(a)     the process and minimum lodging period for lodging a draft Island Plan;

(b)     the process and minimum lodging period for lodging an amendment to a draft Island Plan;

(c)     the procedures that must be followed during the period between lodging a draft Island Plan and debating it;

(d)     the manner in which the Minister’s proposals, in the form of a draft Island Plan, are to be publicised;

(e)     the manner in which representations on those proposals are to be made;

(f)      the procedures to be followed when representations are required to be considered by an independent planning inspector;

(g)     the appointment, powers and general functions of an independent planning inspector.

(2)     Before lodging the first draft Island Plan after the commencement of the Planning and Building (Jersey) Amendment Law 202-, the Minister must lodge Regulations under paragraph (1) in sufficient time that those Regulations can be approved by the States and brought into force before a draft Island Plan is lodged.

(3)     The States may make Regulations to set out the procedures that must be followed for making a revision to an Island Plan or to the bridging island plan, including (but not limited to) –

(a)     the manner in which the Minister’s proposals, in the form of a draft revision of an Island Plan or of the bridging island plan, are to be publicised;

(b)     the manner in which representations on those proposals are to be made;

(c)     whether or not representations are required to be considered by an independent planning inspector;

(d)     the procedures to be followed when representations are required to be considered by an independent planning inspector;

(e)     the manner in which the Minister’s proposals, in the form of a draft revision of an Island Plan or of the bridging island plan, are to be approved.

(4)     Before preparing the first draft revision of an Island Plan or of the bridging island plan after the commencement of the Planning and Building (Jersey) Amendment Law 202-, the Minister must lodge Regulations under paragraph (3) in sufficient time that those Regulations can be approved by the States and brought into force before a draft revision is prepared.

(5)     In this Article, “amendment” includes an amendment to an amendment.

4B     Regulations for consequential amendments

The States may by Regulations amend this Law to make further or different provision that appears to the States to be necessary as a consequence of the coming into force of the Planning and Building (Jersey) Amendment Law 202-.