Building (Display of Advertisements) (Jersey) Order 2006
THE MINISTER FOR
PLANNING AND ENVIRONMENT, in pursuance of Articles 76 and 124 of the Planning and Building
(Jersey) Law 2002, orders as follows –
In this Order –
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 –
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 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;
“decision-maker” means the
Chief Officer or, as the case may be, the Planning Applications Committee;
“ground floor level”, in
respect of a building, means the level immediately below the first floor of the
building to the ground level;
“ground level” –
(a) in respect of a building, means the level of the surface of
the ground immediately adjacent to the building;
(b) in respect of an advertisement that is not displayed on a
building, means the level of the surface of the ground on which the
advertisement or the structure supporting the advertisement is situated;
“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 published register of buildings of
architectural, archaeological or historic interest.
2 Permission required for the display of
person must not display an advertisement on a building or land except with and
in accordance with the permission granted –
(a) by Article 10;
(b) on an application
made to the Chief Officer by that person and (if different) by the owner of the
building or land on which the advertisement is to be displayed.
person is not displaying an advertisement in accordance with permission if when
doing so the person fails to comply with any condition subject to which that
permission was granted.
application must be publicized in accordance with this Article.
applications will be publicized by the Chief Officer by local advertisement.
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.
(a) must be displayed
within 3 days of the applicant receiving an acknowledgement of the receipt of
the application; and
(b) must be displayed
for at least 21 days.
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 Chief Officer has advised the
applicant that the change is so minor that the change does not need to be
publicized in accordance with this Article.
applicant must show the Chief Officer that the applicant has complied with
Article 3(3) and (4) by requisite notice given to the Chief Officer
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
paragraph (1) “requisite notice” means notice in the form set
out in Schedule 3 or in a form substantially to the like effect.
representations in respect of an applications
as provided by paragraph (4), any representation in respect of an
application must be provided within 21 days of the
(a) first being
publicized by local advertisement in accordance with Article 3(2); or
(b) first being
publicized by site display by the applicant in accordance with
whichever is the later.
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
may contain such other information as the person providing the representation
the Chief Officer considers that it would be in the public interest to do so,
the Chief Officer may extend the period of 21 days mentioned in
paragraph (1) by such further period as the Chief Officer consider
Chief Officer may do so before or at any time after the end of the period of
of permission to display an advertisement
considering an application the decision-maker –
(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
(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.
decision-maker may –
(a) grant permission to
display an advertisement on a building or land unconditionally or subject to
(b) refuse to grant the
of permission for advertisement already displayed
decision-maker may, on an application, grant permission for the display of an
advertisement on a building or land where the advertisement was already being
(a) without permission;
(b) without complying
with a condition subject to which permission for the display of the
advertisement was given.
decision-maker may grant permission under paragraph (1) to have effect
from the date the advertisement was first displayed.
attached to the grant of permission to display an advertisement
The conditions which may be attached
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
(b) the materials to be used in the construction of the
(c) the position where the advertisement may be sited on the
building or land;
(d) any illumination of the advertisement.
to display advertisement attaches to land
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.
condition attached to the grant of permission to display an advertisement on a
building or land binds and is enforceable against a person for the time being
having an estate or interest in that building or land.
to the provisions of this Order, permission is hereby granted for the display
of an advertisement described as an approved advertisement in Schedule 1.
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.
(2A) An approved advertisement must be maintained in a manner
which does not impair the visual amenity of the premises on which the
advertisement is placed or the surrounding area.
(2B) Any hoarding or similar structure used to display an
approved advertisement must be maintained in a manner which does not interfere
with public safety.
Article does not apply in respect of a protected site.
restricting approved advertisements
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 decision-maker on an
application made to the Chief Officer.
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.
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.
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).
and modification of permission
to display an advertisement (including permission given by Article 10) may
be revoked or modified by giving the owner of the land on which the
advertisement is displayed at least 28 days written notice.
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.
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(6) to
(10) and 108 of the Law (in respect of compensation and appeals) shall apply to
a decision to revoke or modify permission to display an advertisement as if it
were a decision to revoke or modify planning permission.
This Order may be cited as the
Planning and Building (Display of Advertisements) (Jersey) Order 2006.