Island Planning
(Jersey) Law 1964[1]
A LAW to provide for planning the
development, use and conservation of land, for the grant of permission to
develop land and for powers of control over the use and conservation of land,
to confer powers in respect of the acquisition, development and conservation of
land, to provide for the protection, enhancement and conservation of the
natural beauties of Jersey and the preservation and improvement of its general
amenities, and to make other provision in similar respects[2]
Commencement
[see endnotes]
1 Interpretation
In this Law, unless the context
otherwise requires –
“advertisement” means any word, letter,
model, sign, placard, board,
notice, device or representation, whether illuminated or not, in the
nature of and employed wholly or in part for the purposes of advertisement,
announcement or direction, and includes any hoarding or similar structure used
or adapted for use for the display of advertisements;
“agriculture” includes horticulture, fruit
growing, seed growing, dairy farming, the breeding and keeping of livestock
(including any creature kept for the production of food, wool, skins or fur, or
for the purpose of its use in the farming of land), the use of land as grazing
land, meadow land, market gardens and nursery grounds, and the use of land for
woodlands where that use is ancillary to the farming of land for other
agricultural purposes;
“building” includes any structure or
erection of whatsoever material or in whatsoever manner constructed, and any part
of a building;
“building operations” includes rebuilding
operations, structural alterations of or additions to buildings, and other
operations normally undertaken by a person carrying on business as a builder;
“caravan” means any structure designed or
adapted for human habitation which is capable of being moved from one place to
another (whether by being towed, or by being transported on a motor vehicle or
trailer) and any motor vehicle so designed or adapted, but does not include any
tent;
“commencement date” means the date on which
this Law comes into force;
“contravention” includes, in relation to any
restriction or condition, any failure to comply with that restriction or
condition;
“development” has the meaning assigned
thereto by Article 5;
“development plan” has the meaning assigned
thereto by Article 3;
“disused vehicle” means anything constructed
for use as a vehicle or as part of a vehicle (including wheeled or tracked
equipment) which is not normally being so used and whether or not it is capable
of being so used;
“dump” includes any rubbish, rubble, refuse
or other material;
“highway authority”, “improvement” and “road” have the same meanings as in the Roads Administration (Jersey) Law 1960;[3]
“hoarding” means any hoarding or similar
structure erected or used for the purpose of advertising;
“land” means any corporeal hereditament,
including a building, and land covered with water, and, in relation to the
acquisition of land under Article 4, includes any interest in land or
water and servitudes or rights in, on or over land or water;
“Minister” means the
Minister for Planning and Environment;
“owner” includes a usufructuary, the husband
of a feme coverte, the guardian of an infant,
the curator of a person under interdiction and any other legal personal representative;
“protected habitat” means the habitat of a
wild creature or a plant to which an Order made under Article 11(1)(a) or (b)
has reference; [4]
“site of special interest” means a building
or place which is for the time being designated as such under Article 11;
and “intended site of special interest”
means a building or place which is the subject of a notice served under Article 11(3);[5]
“statutory undertakers” means persons
authorized by any enactment to carry on any undertaking for the supply of
electricity, gas or water or a person running a public telecommunication system
under a licence under the Telecommunications
(Jersey) Law 2002;[6]
“tree” includes groups of trees, shrubs,
saplings, bushes and hedges, but excludes fruit trees;
“use”, in relation to land, does not include
the use of land by the carrying out of any building or other operations
thereon.
2 Purposes
of Law
The purposes of this Law
are –
(a) to
provide for orderly planning in, and the comprehensive development of, land;
(b) to
ensure that land is used in a manner serving the best interests of the
community;
(c) to
protect and enhance the natural beauty of the landscape or the countryside;
(d) to
preserve and improve the general amenities of any part of Jersey;
(e) to
keep the coasts of Jersey in their natural state;
(f) to
control the placing of advertisements and hoardings;
(g) to
protect sites of special interest,
and generally to prevent the spoliation
of the amenities of Jersey. [7]
3 Preparation
of development plans
(1) The
Minister may from time to time prepare for the approval of the States
development plans for different parts of Jersey and any such plan may in
particular define the site of proposed roads, public or other buildings and
works, parks, pleasure grounds or other open spaces, or designate areas of land
for use for agricultural, residential, industrial, commercial or other
purposes.
(2) In
this Law, “development plan” means a plan indicating the manner in
which the Minister proposes that land should be used, whether by the carrying
out thereon of development or otherwise.
4 Power
to acquire land
(1) Where
it appears to the States that any land should be acquired by the public of Jersey
for any of the purposes of this Law as set out in Article 2, it shall be
lawful for the States to acquire such land by compulsory purchase on behalf of
the public in accordance with the provisions of the Compulsory Purchase of Land (Procedure) (Jersey)
Law 1961,[8] and, in relation to the acquisition of any land as aforesaid, the
Minister shall be the acquiring authority within the meaning of the said Law.
(2) The
power to acquire land by compulsory purchase conferred by paragraph (1)
shall include the power to –
(a) acquire a servitude or other right over land
by the creation of a new servitude or right; and
(b) extinguish or modify a servitude or other
right over land.[9]
(3) In
assessing the amount of the compensation payable to any person in relation to a
compulsory purchase under this Article, the Board of Arbitrators, in addition
to acting in accordance with the rules laid down in Article 10 of the Compulsory Purchase of Land (Procedure) (Jersey)
Law 1961,[10] shall have regard to the following further rule, namely, that where
the Board is satisfied that the value of the land to be acquired has been or
will be enhanced by reason of the expenditure of public monies the Board shall
set off against the value any increase thereof which is attributable to the expenditure
aforesaid.
5 Obligation
to obtain permission for development
(1) Subject
to the provisions of this Law, the permission of the Minister shall be required
in respect of the development of any land.
(2) In
this Law, unless the context otherwise requires, “development”
means –
(a) the carrying out of building, engineering,
mining or other operations including demolition in, on, over or under land;
(b) the creation of new means of access to land
from a road and the enlargement of any existing means of access to land from a
road, to a width exceeding 3 feet; or
(c) the making of any material change in the use
of any building or other land:
Provided that the following
operations or uses of land shall not be deemed for the purposes of this Law to
involve development of the land, that is to say –
(i) the
carrying out of works for the maintenance and repair of any building, being
works which affect only the interior of the building or which do not materially
affect the external appearance of the building,
(ii) the
carrying out by a highway authority of any works required for the maintenance
or improvement of a road, being works carried out on land within the boundaries
of the road,
(iii) the
carrying out by any public or parochial authority or any statutory undertakers
of any works for the purpose of laying, placing, inspecting, repairing or
renewing any sewers, mains, pipes, lines, cables or other apparatus, including
the breaking open of any road or other land for that purpose,
(iv) the
carrying out of works of a description specified in Regulations made by the
States under this Law,
(v) the
use of any land for any purpose incidental to the enjoyment of a dwelling-house
within the same corpus-fundi,
(vi) the
use of any land for the purposes of agriculture or forestry (including
afforestation) and the use for any of those purposes of any building occupied
together with the land so used,
(vii) in
the case of land which is used for a purpose of any class specified in Regulations
made by the States under this Law, the use thereof for any other purpose of the
same class.[11]
(3) For
the avoidance of doubt it is declared that for the purposes of this Article –
(a) the use as 2 or more separate
dwelling-houses of any building previously used as a single dwelling-house, or
the use of 2 or more dwelling-houses (whether the same be separate buildings or
parts of the same building) as a single dwelling-house, involves a material
change in the use of the building and of each part thereof which is so used;
(b) the deposit of refuse or waste materials on
land involves a material change in the use thereof, notwithstanding that the
land is comprised in a site already used for that purpose, if the superficial
area or the height of the deposit is thereby extended:
Provided that, unless the
Minister by notice served on the owner of the land otherwise directs, nothing
in sub-paragraph (b) shall be deemed to require permission in respect of
the deposit of refuse or waste materials on a site already used for that
purpose if the height of the deposit does not exceed the level of the land
adjoining such site and the superficial area of the deposit is not thereby
extended.
(4) For
the purposes of this Article, the use for the display of advertisements of any
external part of a building which is not normally used for that purpose shall
be treated as a material change in the use of that part of the building.
6 Applications
for permission to develop land
(1) An
application for permission to develop land under this Law shall be in the form
required by the Minister and shall contain or be accompanied by such
particulars as the Minister may require and shall be accompanied by the
prescribed fee.[12]
(2) If
any person, knowingly or recklessly, makes any false or misleading statement or
any material omission in any application to the Minister, or in any particulars
accompanying any application, or in any communication whether in writing or
otherwise to the Minister or any person for the purposes of this Law, the person
shall be guilty of an offence and shall be liable to a fine not exceeding level
4 on the standard scale, and, whether or not proceedings are taken either in
respect of the offence or otherwise, in any case where permission was granted
to an application to which the offence relates, the provisions of Article 9(1)
shall apply as if permission had not been granted.[13]
(3) Subject
to the provisions of this Article, where application is made to the Minister
for permission to develop land, the Minister may grant permission either
unconditionally or subject to such conditions as the Minister thinks fit, or
may refuse permission.
(4) Where
permission is granted for the erection of a building, the grant of the
permission may specify the purposes for which the building may be used; and if
no purpose is so specified, the permission shall be construed as including
permission to use the building for the purpose for which it is designed.
(5) Without
prejudice to the generality of the foregoing provisions of this Article, the
Minister may attach to the grant of permission to develop land conditions
relating to –
(a) the number or disposition of buildings on
any land;
(b) the dimensions, design, structure or
external appearance of any building, or the materials to be used in its
construction;
(c) the manner in which any land is to be laid
out for the purposes of the development, including the provision of facilities
for the parking, loading, unloading or fuelling of vehicles on the land;
(d) the use of any buildings or other land;
(e) the period within which the development is
to be commenced and completed.
(6) Where
application is made to develop land within an area shown on a map furnished to
the Minister by the Minister for Economic Development for the purposes of this paragraph,
then, in the consideration of such application, the Minister shall, insofar as
indication may be made on the map in relation to that area, consult with the
Minister for Economic Development and take into account any representations
made by the Minister for Economic Development in the matter.
(7) [14]
(8) Without
prejudice to the provisions of this Law as to the revocation or modification of
permission to develop land, any grant of such permission shall (except insofar
as the permission otherwise provides) enure for the benefit of the land and of
all persons for the time being having any estate or interest therein.
(9) Any
conditions attached by the Minister to any permission to develop land shall be
binding on, and enforceable by the Minister against, all persons for the time
being having any estate or interest therein.
(10) Where
the Minister refuses permission to develop land, the Minister shall furnish to
the applicant a statement in writing of the reasons for the decision.
(11) No
compensation shall be payable in respect of injurious affection to any estate
or interest in any land by reason of the operation of this Article.
(12) The
Minister shall keep a register, which shall be available for inspection by the
public at all reasonable hours, and which shall contain such information as the
Minister may think fit, including –
(a) particulars of any application for
permission to develop land, including the name of the applicant, the date of
the application and brief particulars of the development forming the subject of
the application;
(b) the decision of the Minister in respect of
the application and the date of such decision, and, in particular, where
permission to develop is granted by the Minister details of any conditions
attached to the permission.
(13) In
paragraph (1) “prescribed” means prescribed by Order of the
Minister.[15]
6A Delegation
of certain functions to Planning Applications Panel[16]
(1) The
Minister may delegate, either wholly or partly, the functions conferred upon or
vested in the Minister under –
(a) Articles 6, 9 and 22;
(b) an Order made under Article 13; and
(c) an Order made under Article 23,
to the Panel established under
Article 6B and may attach any condition, exception or qualification to the
delegation that he or she considers appropriate.
(2) Where
the Minister delegates a function in accordance with this Article, he or she
shall notify the States accordingly and specify the functions so delegated.
(3) The
power of the Minister under paragraph (1) to delegate a function is in
addition, and without prejudice, to the power of the Minister under Article 27
of the States of Jersey Law 2005[17].
(4) The
delegation of any functions under this Article shall not prevent the Minister
from exercising those functions personally.
(5) A
delegation of any functions under this Article (or any condition, exception or
qualification attached to a delegation) may be amended at any time.
6B Planning
Applications Panel[18]
(1) There
is established a Planning Applications Panel (the “Panel”) which shall
carry out the functions delegated to it in accordance with Article 6A.
(2) The
Panel shall, subject to Article 6C(8), consist of the following members
(“Panel members”) –
(a) an Assistant Minister appointed under
Article 6C(1)(a); and
(b) 2 persons who are elected members and
appointed under Article 6C(1)(b),
and shall, subject to this Law,
regulate its own procedures by standing orders or otherwise.
(3) The
quorum for the Panel shall be 3.
(4) Civil
proceedings in respect of a decision of the Panel that is made in exercise of a
function of the Minister delegated to the Panel under Article 6A shall be
instituted against the Minister.
6C Appointment
to, and terms of membership of, Panel[19]
(1) The
Minister shall –
(a) subject to the agreement of the Chief
Minister, appoint an Assistant Minister to the Panel; and
(b) subject to the approval by the States of the
nominations made under paragraph (2), appoint 2 elected members to the
Panel.
(2) The
Minister shall nominate to the States 2 elected members for appointment to the
Panel and the States shall either approve or reject each such nomination
and –
(a) if the States approves a nomination, the
Minister shall appoint the elected member concerned to the Panel under
paragraph (1); or
(b) if the States rejects a nomination, the
Minister shall make a new nomination for the vacancy.
(3) The
period of membership of the Panel for a Panel member shall be 3 years.
(4) The
Minister may revoke the appointment of a Panel member –
(a) subject to the agreement of the Chief
Minister, in the case of an appointment under paragraph (1)(a); and
(b) subject to the approval of the States, in
the case of an appointment under paragraph (1)(b).
(5) A
Panel member may resign from the Panel.
(6) Where
a vacancy occurs that is caused by the resignation, death, revocation of
appointment or expiry of the period of appointment of a Panel member or the
Panel member ceasing to be an elected member –
(a) paragraph (1) shall apply to the
appointment to fill that vacancy; and
(b) if that vacancy is a single vacancy to which
Article 6B(2)(b) applies, paragraphs (1) and (2) shall be construed
accordingly.
(7) There
shall be 2 reserve members of the Panel (“reserve members”) who
shall be appointed by the Minister and the Minister shall, for that purpose,
nominate to the States 2 elected members for appointment as reserve members and
the States shall either approve or reject each such nomination and –
(a) if the States approves a nomination, the
Minister shall appoint the elected member concerned as a reserve member; or
(b) if the States rejects a nomination, the
Minister shall make a new nomination for the vacancy.
(8) A
reserve member shall, in accordance with the procedures of the Panel, sit on
the Panel as a Panel member in either of the following circumstances –
(a) if a Panel member is unable to attend a
meeting of the Panel;
(b) if a vacancy specified in paragraph (6)
occurs, during the period between the vacancy occurring and the appointment to
fill that vacancy.
(9) The
period of appointment as a reserve member shall be 3 years
and –
(a) the Minister may revoke an appointment and
paragraph (4) shall apply to the revocation and be construed accordingly;
(b) a reserve member may resign; and
(c) where a reserve member resigns, dies, has
his or her appointment revoked or his or her period of appointment expires or
he or she ceases to be an elected member, paragraph (7) shall apply to the
appointment to fill that vacancy and shall be construed accordingly.
(10) An
appointment as a Panel member or a reserve member shall expire if the member
ceases to be an elected member.
(11) A
Panel member and a reserve member shall be eligible for re-appointment.
(12) In
this Article –
“Assistant Minister”
has the meaning assigned to it by the 2005 Law;
“elected member” has
the meaning assigned to it by the 2005 Law;
“2005 Law” means the
States of Jersey Law 2005[20].
6D Immunity
from legal proceedings for Panel members[21]
No civil or criminal proceedings
may be instituted against a Panel member (including a reserve member) –
(a) for
any words, arising out of the exercise of a function delegated to the Panel,
spoken or written by a Panel member (including a reserve member); or
(b) by
reason of any other matter or thing brought by the Panel member (including a
reserve member) to the Panel.
6E Immunity
from criminal proceedings for certain persons[22]
Where any permission or
authorization is granted in purported exercise of a function delegated under
Article 6A, no criminal proceedings shall lie against any person for any act
done or omitted to be done, in good faith and in accordance with the terms of
the permission or authorization by reason that the functions had not be
delegated, or that any requirement attached to a delegation of the functions
had not been complied with.
6F Minutes
of Panel to be evidence[23]
A copy of any minutes of the Panel
signed in accordance with the procedures of the Panel shall be received in
evidence without further proof.
6G Protection
in civil proceedings for publication without malice[24]
(1) This
Article applies to civil proceedings instituted for publishing any account or
summary of or any extract from or abstract of any document published under the
authority of the Panel or any of its proceedings.
(2) The
court shall enter judgement for the defendant if satisfied that such account,
summary, extract or abstract was published bona fide
and without malice.
7 Fees in connection with
applications for permission to develop land[25]
(1) The
Minister may by Order prescribe the fees payable under Article 6(1).
(2) An
Order under this Article may provide for all or any of the following
matters –
(a) specific
fees;
(b) maximum
or minimum fees;
(c) maximum
and minimum fees;
(d) the
payment of fees either generally or under specified conditions or in specified circumstances;
and
(e) the
reduction, waiver or refund, in whole or in part of such fees.
(3) Where
an Order under this Article provides for any reduction, waiver or refund, in
whole or in part of any fee, such reduction, waiver or refund may be expressed
to apply or be applicable either generally or specifically –
(a) in
respect of certain matters or classes of matter;
(b) in
respect of certain documents or classes of document;
(c) in
respect of certain persons or classes of person; or
(e) in
respect of any combination of such matters, documents, events or persons,
and may be expressed to apply or
to be applicable subject to such conditions as may be specified in the Order or
in the discretion of the Minister.
8 Revocation
and modification of permission to develop
(1) Subject
to the provisions of this Article, if it appears to the Minister that it is
expedient that any permission to develop land granted on an application made in
that behalf under this Law should be revoked or modified, the Minister may
revoke or modify the permission to such extent as appears to the Minister to be
so expedient.
(2) Where
permission to develop land is revoked or modified under this Article, the
Minister shall serve notice on the owner and on the occupier of the land
affected, and on any other person who in the Minister’s opinion will be
affected by the Minister’s decision.
(3) The
power conferred by this Article to revoke or modify permission to develop land
may be exercised –
(a) where the permission relates to the carrying
out of building or other operations, at any time before those operations have
been completed;
(b) where the permission relates to a change of
the use of any land, at any time before the change has been completed:
Provided that the revocation or
modification of permission for the carrying out of building or other operations
shall not affect so much of those operations as has been previously carried
out.
(4) Where
permission to develop land is revoked or modified under this Article, then if,
on a claim made to the Minister within one month from the date of the
notification of the decision of the Minister, it is shown that any person
interested in the land has incurred expenditure in carrying out work which is
rendered abortive by the revocation or modification, or has otherwise sustained
loss or damage which is directly attributable to the revocation or
modification, the Minister shall pay to that person such compensation in
respect of that expenditure, loss or damage, as may, in default of agreement,
be determined by arbitration.
(5) For
the purposes of this Article, any expenditure incurred in the preparation of
plans for the purposes of any work or on other similar matters preparatory
thereto shall be deemed to be included in the expenditure incurred in carrying
out that work, but except as aforesaid no compensation shall be paid under this
Article in respect of any work carried out before the grant of the permission
which is revoked or modified, or in respect of any loss or damage arising out
of anything done or omitted to be done before the grant of that permission.
9 Enforcement
of planning control
(1) If
any person develops, or causes or permits to be developed, any land without the
grant of permission required in that behalf under this Law, or if any person
bound to comply with any condition subject to which any such permission was
granted fails to comply with that condition, the person shall, without
prejudice to any other proceedings which might be taken against the person, be
guilty of an offence and shall be liable to a fine, and whether or not any
proceedings are taken either in respect of the offence or otherwise, the
Minister may serve a notice on the person requiring such steps as may be
specified in the notice to be taken within such period as may be so specified
(being a period of not less than 28 days) for restoring the land to its
condition before the development took place, or for securing compliance with
the condition, as the case may be; and in particular any such notice may, for
the purpose aforesaid, require the demolition or alteration of any buildings or
works or the discontinuance of any use of land.[26]
(2) If
within the period specified in the notice, any steps required thereby to be
taken (other than the discontinuance of any use of land) have not been taken,
the Minister may enter on the land and take those steps, and the expenses
reasonably incurred by the Minister in so doing shall be recoverable as a civil
debt from the person in default.
(3) Where
any notice requires a use of land to be discontinued or requires any condition
or limitation to be complied with in respect of a use of land, then if any person
uses the land or causes or permits it to be used, in contravention of the
notice, the person shall be guilty of an offence and shall be liable to a fine
not exceeding level 3 on the standard scale, and if the use is continued
after conviction, the person shall be guilty of a further offence and liable to
a fine not exceeding level 2 on the standard scale for each day on which
the use is so continued.[27]
10 Planning
obligations[28]
(1) The
owner of an interest in land may by agreement with the Minister enter into an
obligation (“a planning obligation”).
(2) A
planning obligation may –
(a) restrict the development or use of the land
in a specified way;
(b) require a specified operation or activity to
be undertaken in, on, under or over the land; or
(c) require the land to be used in a specified
way.
(3) The
agreement need not be limited to land on which development is to be undertaken
or to land in respect of which an application for permission to develop the
land has been made.
(4) The
agreement may provide that a sum or sums of money be paid to the Treasurer of
the States on a specified date or dates or periodically.
(5) The
agreement shall –
(a) state that the agreement is an agreement
imposing a planning obligation in accordance with this Article;
(b) identify the person entering into the
obligation;
(c) identify the land that is the subject of the
obligation; and
(d) state the nature of the interest the person
owns in that land.
(6) A
planning obligation may –
(a) be unconditional or subject to conditions;
(b) impose a restriction or requirement
mentioned in paragraph (2) either indefinitely or for a specified period
or periods;
(c) if it requires a sum or sums to be paid,
require the payment of a specified amount determined as specified in the
agreement;
(d) if it requires the payment of periodical
sums, require them to be paid indefinitely or for a specified period.
(7) Except
as provided by paragraph (8), a planning obligation in respect of land is
enforceable by the Minister against the person who entered into the obligation
and any person who derives title to the land from that person.
(8) The
agreement with the Minister may provide that a person is not to be bound by the
planning obligation when the person no longer has an interest in the land that
is the subject of the obligation.
(9) A
restriction or requirement under a planning obligation is enforceable by
injunction.
(10) Without
prejudice to paragraph (9), if there is a breach of a requirement in a
planning obligation to undertake an operation in, on, under or over the land to
which the obligation relates, the Minister may –
(a) enter the land and undertake the operation;
and
(b) recover the expenses reasonably incurred by
the Minister in so doing as a debt due to the Minister from the person or
persons against whom the obligation is enforceable.
(11) The
Minister shall give not less than 28 days’ notice to the person
against whom the planning obligation is enforceable before exercising his or
her powers under paragraph (10)(a).
(12) A
planning obligation may be modified or discharged by agreement between the
Minister and the person or persons against whom the obligation is enforceable.
(13) The
Minister shall maintain a register called the Register of Planning Obligations
containing details of each planning obligation.
(14) The
Minister shall make the register and any agreement imposing a planning
obligation (and any agreement modifying or discharging the obligation)
available for public inspection at all reasonable times.
(15) As
soon as practicable after a planning obligation has been entered into the
Minister shall apply to the Royal Court for an order that the obligation be
registered in the Public Registry of Contracts.
(16) As
soon as practicable after an agreement modifying or discharging a planning
obligation has been entered into the Minister shall apply to the Royal Court
for an order that the agreement be registered in the Public Registry of
Contracts.
11 Designation
of sites of special interest[29]
(1) The
Minister may by Order designate as sites of special interest buildings and
places of public importance by reason of –
(a) the special zoological interest;
(b) the special botanical interest; or
(c) the special archaeological, architectural,
artistic, cultural, geological, historical, scientific or traditional interest,
attaching thereto.
(2) An
Order made under paragraph (1) shall –
(a) show in relation to each building or place
included in the Order which one or more of the special interests set out in paragraph (1)
attaches to that building or place;
(b) describe each building or place included in
the Order with sufficient particularity to enable such building or place to be
easily identified;
(c) distinguish between land and buildings where
the site of special interest comprises both land and buildings;
(d) where the special interest relates to the
habitat of a wild creature or a plant, specify the species thereof by both its
common name and its scientific name.
(3) No
Order shall be made under paragraph (1) unless at least 28 days
previously the Minister has served on the owner of each building or place which
is to be included in the Order, and on every other person known to the Minister
to have an interest therein, a notice of intention to include the building or
place in the Order, and every person having an interest in the building or
place which is to be included in the Order shall be entitled to make
representations in the matter to the Minister and the Minister shall take such
representations into account.
(4) Before
making any Order under paragraph (1), the Minister shall consult with such
persons or bodies of persons as appear to the Minister appropriate as having
special knowledge of or interest in buildings or places of public importance by
reason of the attaching thereto of one of the special interests set out in paragraph (1).
(5) As
soon as may be after the inclusion of any building or place in any Order made
under paragraph (1), the Minister shall serve a notice to that effect on
the owner of such building or place and on every person known to the Minister
to have an interest therein.
(6) The
Minister may at any time by Order vary or revoke an Order made under paragraph (1).
(7) Where
an Order ceases to apply to a building or place, or to some part thereof to
which it previously applied, the Minister shall as soon as may be serve a
notice to that effect on the owner of such building or place and on every person
known to the Minister to have an interest therein.
(8) The
Minister shall as soon as may be after a notice under paragraph (5) or paragraph (7)
has been served, make application to the Royal Court for an order that the
notice be registered in the Public Registry of Contracts.[30]
12 Protection
of sites of special interest[31]
(1) Where
an Order made under Article 11(1) designating a site of special interest
describes a building in accordance with paragraph (2)(b) of that Article
and such Order has not ceased to apply to the building so described, no person
shall execute, or cause or permit to be executed, any works for the demolition
of the building or for its alteration or extension in any manner which would
seriously affect its character, except with the prior permission of the
Minister, which permission may be granted unconditionally or subject to such
conditions as the Minister may think fit to impose:
Provided that nothing in this paragraph
shall render unlawful the execution of any such works as aforesaid which are
urgently necessary in the interests of safety or health, or for the preservation
of the building or of neighbouring property, so long as the Minister is given a
reasonable opportunity for the Minister’s representative to inspect the
building as soon as possible after the necessity for the works arises.
(2) If
any person contravenes the provisions of paragraph (1), the person shall
be guilty of an offence and shall be liable to a fine, and whether or not any
proceedings are taken in respect of the offence or otherwise, the Minister may
serve on the owner and occupier of the building a notice requiring such steps
for restoring the building to its former state as may be specified in the
notice to be taken within such period (being a period of not less than 28 days)
as may be so specified.[32]
(3) If
within the period specified in the notice, any steps required thereby to be
taken have not been taken, the Minister may enter on the land and take those
steps, and the expenses reasonably incurred by the Minister in so doing shall
be recoverable as a civil debt from the person in default.
(4) No
person shall –
(a) use or operate on a site of special interest
any device designed or adapted for detecting or locating any metal or mineral
in the ground;
(b) injure or deface any site of special
interest;
(c) wilfully disturb, ill-treat or injure, or kill
or attempt to kill or take any wild creature of a species of which the site of
special interest is the protected habitat;
(d) without reasonable excuse, pick, uproot or
destroy any plant of a species of which the site of special interest is the
protected habitat;
(e) without the consent in writing of the
Minister –
(i) insert
a probe into the surface of or dig any hole on or make any excavation in,
(ii) take
or remove any sand, stone, gravel, earth or rock from, or
(iii) tip
earth, rock or any waste materials on,
a site of special interest.
(5) If
any person contravenes the provisions of paragraph (4), the person shall
be guilty of an offence and liable to a fine which, in the case of a
contravention of any of the provisions of paragraph (4)(a) to (d) shall
not exceed level 3 on the standard scale.[33]
(6) For
the purpose of protecting or repairing a site of special interest the Minister
may authorize in writing, an officer in the administration of the States for
which the Minister is assigned responsibility to enter on the land at all
reasonable times and at the Minister’s expense carry out such work or do
such other things as appear to the Minister expedient for that purpose.
(7) The
provisions of Article 11(4) shall apply to the exercise by the Minister of
his or her powers under paragraph (6) of this Article as though the
exercise of these powers was the making of an Order under the said Article 11(1).
(8) Where
it appears to the Minister –
(a) that operations which disturb the ground are
being, or are about to be carried out at an intended site of special interest;
and
(b) that the ground at the intended site of
special interest contains or is likely to contain anything of archaeological or
historical interest which will be disturbed, damaged, destroyed or removed
without proper archaeological investigation if such operations are carried out,
the Minister may direct in
writing that the provisions of paragraph (9) shall apply to such
operations.
(9) Where
the Minister has, under paragraph (8), directed that the provisions of
this paragraph shall apply to an intended site of special interest, no person
shall, during a period of 8 weeks commencing on the date on which a notice
in writing of the Minister’s decision is first served by being affixed to
some conspicuous part of the intended site of special interest, carry out any
operations which disturb the ground.
(10) Where
it appears to the Minister that any works for the demolition of a building
which the Minister intends as soon as may be to designate as a site of special
interest are being, or are about to be carried out, the Minister may, in
writing, direct that the provisions of paragraph (11) shall apply to such
works of demolition.
(11) Where
the Minister has, in writing, directed that the provisions of this paragraph
shall apply to a building, no person shall, during a period of 8 weeks
commencing on the date on which a notice in writing of the Minister’s
direction is first served by being affixed to some conspicuous part of the
building, carry out any works for the demolition of that building:
Provided that nothing in this paragraph
shall render unlawful the carrying out of any works of demolition which are
urgently necessary in the interests of safety, so long as the Minister is given
a reasonable opportunity for the Minister’s representative to inspect the
building as soon as possible after the necessity for the works arises.
(12) Where
a notice has been affixed to land or a building pursuant to paragraph (9)
or paragraph (11) the Minister shall serve a copy thereof on every person
known to the Minister as being the owner of or having an interest in such land
or building.
(13) If
any person contravenes the provisions of paragraphs (9) or (11), the person
shall be guilty of an offence and liable to a fine.
13 Control
of advertisements
(1) Subject
to the provisions of this Article, provision may be made by Order for
restricting or regulating the display of advertisements so far as appears to
the Minister to be expedient in the interests of amenity or public safety, and
without prejudice to the generality of the foregoing provision, any such Order
may provide –
(a) for regulating the dimensions, appearance
and position of advertisements which may be displayed, the sites on which such
advertisements may be displayed, and the manner in which they are to be affixed
to land;
(b) for requiring the consent of the Minister to
be obtained for the display of advertisements, or of advertisements of any
class specified in the Order;
(c) for applying, in relation to any such
consent and to applications therefor, any of the provisions of this Law
relating to permission to develop land and to applications for such permission,
subject to such adaptations and modifications as may be specified in the Order;
(d) for enabling the Minister to require the
removal of any advertisement which is being displayed in contravention of the Order,
or the discontinuance of the use for the display of advertisements of any site
which is being used for that purpose in contravention of the Order, and for
that purpose for applying any of the provisions of this Law relating to the
service of notices requiring certain steps to be taken, subject to such
adaptations and modifications as may be specified in the Order.
(2) Orders
made under this Article may make different provision with respect to different
areas of Jersey, and in particular may make special provision with respect to
areas defined for the purposes of the Order as areas of special control (being
either rural areas or areas other than rural areas which appear to the Minister
to require special protection on grounds of amenity) and, without prejudice to
the generality of the foregoing provision, may prohibit the display in any such
area of all advertisements except advertisements of such classes (if any) as
may be specified in the Order.
(3) Subject
as hereinafter provided, any Order made under this Article may be made so as to
apply to advertisements which are being displayed on the date on which the Order
comes into force, or to the use for the display of advertisements of any site
which was being used for that purpose on that date:
Provided that any such Order
shall provide for exempting therefrom –
(a) the continued display of any such
advertisement as aforesaid; and
(b) the continued use for the display of
advertisements of any such site as aforesaid,
during such period as may be
prescribed in that behalf by the Order and different periods may be so
prescribed for the purposes of different provisions of the Order.
(4) Before
making any Order under this Article, the Minister shall consult with such
persons or bodies of persons as appear to the Minister requisite.
14 Supplementary
provisions regarding advertisements
(1) Where
the display of advertisements in accordance with any Order made under Article 13
involves development of land, permission for that development shall be deemed
to be granted by virtue of this Article, and no application shall be necessary
in that behalf under the foregoing provisions of this Law.
(2) Without
prejudice to any provisions included, by virtue of Article 13(1)(d), in
any Order made under that Article, if any person displays an advertisement in
contravention of the provisions of the Order, the person shall be guilty of an
offence and shall be liable to a fine not exceeding level 3 on the standard
scale and, in the case of a continuing offence, to a further fine not exceeding
level 1 on the standard scale for each day during which the offence continues
after conviction thereof.[34]
(3) For
the purposes of paragraph (2), and without prejudice to the generality thereof,
a person shall be deemed to display an advertisement if –
(a) the advertisement is displayed on land of
which the person is the owner or occupier;
(b) the advertisement gives publicity to the person’s
goods, trade, business or other concerns; or
(c) the advertisement gives publicity to the person’s
candidature for election to a public or parochial office:
Provided that a person shall not
be guilty of an offence under the said paragraph (2) by reason only that
an advertisement is displayed on land of which the person is the owner or
occupier, or that the person’s goods, trade, business or other concerns
are given publicity by the advertisement, if the person proves that it was
displayed without the person’s knowledge or consent.
15 Demolition
of dilapidated buildings, dumps etc.
(1) The
Minister may serve a notice –
(a) on the owner of any building which is in a
ruinous or dilapidated condition, requiring the owner to demolish the building
and to remove any rubbish resulting from the demolition;
(b) on the owner or other person for the time
being in control of any caravan, requiring the owner or person to remove the
same outside such area as may be specified in the notice;
(c) on the owner or other person for the time
being having any estate or interest in any land on which there is a dump or a
disused vehicle (not being a caravan) requiring the owner or person to deal
with the same in such manner as may be required by the notice;
(d) on the owner of any land on which any tree
has been felled, requiring the owner to undertake the replacement thereof.
(2) No
compensation shall be payable in respect of injurious affection to any estate
or interest in any land or otherwise by reason of any requirement made under
this Article or of the compliance with any such requirement.
16 Power
to require proper maintenance of land etc.
If it appears to the Minister that
the amenities of any part of Jersey are seriously injured by the condition of
any land, the Minister may serve on the owner and occupier of the land a notice
requiring such steps for abating the injury as may be specified in the notice
to be taken within such period as may be so specified.
17 Penalty
for non-compliance with notice under Article 15 or 16
If any person on whom a notice has
been served under Article 15 or 16 fails to comply with the
requirements thereof within such period (not being less than 28 days from
the service thereof) as may be specified therein, the person shall be guilty of
an offence and liable to a fine not exceeding level 3 on the standard
scale, and, if the person’s failure to comply with those requirements
continues after conviction, he or she shall be guilty of a further offence and
liable to a fine not exceeding level 2 on the standard scale for each day
on which such failure continues, and, whether or not any proceedings are taken
in respect of any such offence, the Minister may execute the work required to
be done in such manner as the Minister thinks fit, and the expenses reasonably
incurred by the Minister in so doing shall be recoverable as a civil debt from
the person in default. [35]
18 Planting
of trees and treatment of derelict land
(1) The
Minister may cause trees to be planted on any land in Jersey for the purpose of
preserving or enhancing the natural beauty thereof.
(2) For
the purpose of restoring or improving the appearance of any derelict land in Jersey
which in the opinion of the Minister is in any way unsightly, the Minister
may –
(a) cause trees to be planted; or
(b) carry out such work or do such other things
as appear to the Minister expedient for that purpose.
(3) The
powers conferred by this Article may be exercised by the Minister on any land
with the consent of all persons interested therein; and the powers shall
include power to make arrangements whereby the planting or work is carried out,
on such terms as may be provided under the arrangements, by a person other than
the Minister.
19 Orders
for the preservation of trees
(1) If
it appears to the Minister that it is expedient in the interests of amenity to
make provision for the preservation of trees in Jersey, the Minister may make
provision by Order –
(a) for prohibiting (subject to any exemptions
for which provision may be made by the Order) the cutting down or destruction
of trees except with the consent of the Minister;
(b) for securing the replanting, in such manner
as may be prescribed by the Order, of any trees felled in the course of
operations permitted by or under the Order.
(2) Orders
under this Article may make different provision with respect to different areas
of Jersey.
(3) Without
prejudice to any other exemptions for which provision may be made by an Order
under this Article, no such Order shall apply –
(a) to the cutting down of trees which are dying
or dead or have become dangerous or so far as may be necessary for the
prevention or abatement of a nuisance;
(b) to the cutting down or destruction of trees
which are growing on agricultural land or on land immediately adjacent thereto,
so far as may be necessary to allow the economic working of that agricultural
land.
(4) If
any person contravenes any of the provisions of any Order made under this Article,
the person shall be guilty of an offence and shall be liable to a fine not
exceeding level 3 on the standard scale and, in the case of a continuing
offence, to a further fine not exceeding level 1 on the standard scale for
each day during which the offence continues after conviction thereof.[36]
20 Penalty
for destroying or damaging trees
If any person maliciously and
without lawful authority fells, breaks, barks, roots up or otherwise destroys
or damages the whole or any part of any tree, wheresoever the same may be
growing, the person shall be liable to a fine not exceeding level 3 on the
standard scale. [37]
21 Penalty
for depositing rubbish
If any person without lawful
authority places, or causes to be placed, on any road, public place or sea
beach, or on any land, whether public or private, any rubbish, refuse or waste
material, the person shall be liable to a fine not exceeding level 3 on the
standard scale. [38]
22 Restriction
on importation of caravans
(1) No
caravan shall be imported into Jersey except under the authority of a licence
granted by the Minister.
(2) The
Minister may attach to any licence granted under this Article such conditions
as the Minister thinks fit to impose.
(3) In
the event of the transfer of the ownership of a caravan imported under the
authority of a licence granted under this Article, any condition attached to
the licence shall be binding on the person to whom the ownership of the caravan
is transferred.
(4) If
any person imports a caravan in contravention of the provisions of this Article
or fails to comply with any condition attached to a licence authorizing the
importation of a caravan, the person shall be liable to a fine not exceeding
level 3 on the standard scale and, in the case of a continuing offence, to
a further fine not exceeding level 1 on the standard scale for each day
during which the offence continues after conviction thereof and, whether or not
any proceedings are taken in respect of the offence, the Minister may require
the caravan to be re-exported and if the caravan is not re-exported within such
period (not being less than 28 days) as may be so required, the caravan
shall be forfeited and shall become the property of the States.[39]
(5) Where
the seizure of a caravan as forfeited is made under this Article otherwise than
out of the possession or in the presence of the owner or the owner’s
agent, the officer seizing the caravan shall give notice in writing of such
seizure and of the grounds thereof to the owner or to the owner’s agent,
if known.
(6) In
paragraph (5), “officer” means an officer in an administration
of the States for which the Minister is assigned responsibility.
23 Movable
structures
(1) The
Minister may make Orders for restricting the erection, stationing and use of
movable structures and generally for the prevention of nuisances in connection
therewith.
(2) Before
making any Order under this Article, the Minister shall consult with the
Minister for Health and Social Services.
(3) In
this Article, “movable structure” includes any caravan, tent, van
or other conveyance, either on wheels or not.
(4) If
any person contravenes the provisions of any Order made under this Article, the
person shall be guilty of an offence and shall be liable to a fine not
exceeding level 3 on the standard scale and, in the case of a continuing
offence, to a further fine not exceeding level 1 on the standard scale for each
day during which the offence continues after conviction thereof.[40]
24 Right
of appeal
(1) Any
person aggrieved by the refusal of the Minister to grant permission under Article 6
of this Law, or by any condition attached to the grant of any such permission
or by any notice served under Article 8(2), Article 9(1), Article 11(5),
Article 12(2), (9) or (11), Article 15(1) or Article 16, may
appeal, either in term or in vacation, to the Royal Court, in the case of a
refusal to grant permission or the attaching of any condition within 2 months
of the date of the notification of the decision of the Minister in the matter,
and in the case of the service of a notice within the period specified in the
notice as the period within which the requirements of the notice are to be
complied with, on the ground that the decision of the Minister or the service
of the notice, as the case may be, was unreasonable having regard to all the
circumstances of the case. [41]
(2) Where
an appeal under this Article is brought against a notice served under Article 9(1),
Article 12(2), Article 15(1), or Article 16, the said Article 9(1),
the said Article 12(2) or Article 17, as the case may be, shall not
apply unless the appeal is abandoned or dismissed, and shall, in that case,
have effect as if for the reference therein to the period specified in the
notice there were substituted a reference to 28 days from the date on which the
appeal was abandoned or dismissed. [42]
25 Service
of notices
(1) Any
notice required or authorized by or under this Law to be served on a person
being a corporation shall be duly served if it is served on the secretary or
clerk of the corporation.
(2) Subject
to the provisions of this Article, any notice required or authorized by or
under this Law to be served on any person may be served either –
(a) by delivering it to that person;
(b) by leaving it at the person’s proper
address;
(c) by registered post; or
(d) by the recorded delivery service.
(3) For
the purposes of this Article, and of Article 7 of the Interpretation (Jersey) Law 1954,[43] in its application to this Article, the proper address of any person
on whom such a notice as aforesaid is to be served shall, in the case of the
secretary or clerk of a corporation, be that of the registered or principal
office of the corporation, and, in any other case, be the usual or last-known
place of abode of the person on whom the notice is to be served:
Provided that, where the person
on whom such a notice as aforesaid is to be served has furnished an address for
service in accordance with arrangements agreed to in that behalf, the person’s
proper address for the purposes aforesaid shall be the address furnished.
(4) If
the name or the address of any owner, lessee or occupier of premises on whom
any such notice as aforesaid is to be served cannot after reasonable enquiry be
ascertained by the person seeking to serve the notice, the notice may be served
by addressing it to the person on whom it is to be served by the description of
“owner”, “lessee” or “occupier” of the
premises (describing them) to which the notice relates, and by delivering it to
some responsible person resident or appearing to be resident on the premises,
or, if there is no such person to whom it can be delivered, by affixing it, or
a copy of it, to some conspicuous part of the premises.
26 Power
of entry
(1) Any
person authorized in that behalf by the Minister may, for any of the purposes
of this Law, at all reasonable times, on the production if so required of
evidence of the person’s authority, enter on, inspect and survey any
land.
(2) If
any person obstructs or impedes any person so authorized in the execution of the
person’s duties, the person shall be liable in respect of each offence to
a fine not exceeding level 3 on the standard scale.[44]
27 Orders
The Subordinate Legislation (Jersey) Law 1960[45] shall apply to Orders made under this Law.
28 Transitional
provisions
(1) This
Law shall have effect subject to the transitional provisions set out in the Schedule.
(2) The
mention of particular matters in the Schedule shall be without prejudice to the
general application of Article 17 of the Interpretation (Jersey) Law 1954.[46]
29 Citation
This Law may be cited as the Island
Planning (Jersey) Law 1964.