Planning and
Building (Amendment No. 7) (Jersey)
Law 2016
A LAW to amend further the Planning
and Building (Jersey) Law 2002 and the States of Jersey Law 2005
Adopted by the
States 19th January 2016
Sanctioned by
Order of Her Majesty in Council 4th May 2016
Registered by the
Royal Court 13th
May 2016
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, a reference to an Article by
number and without more is to an Article of that number in the Planning and
Building (Jersey) Law 2002[1].
2 Article 1
amended
In Article 1(1) for the words “ ‘Planning
Applications Committee’ ” there shall be substituted the words
“ ‘Planning Committee’ ”.
3 Article 6
amended
At the end of Article 6 there shall be added the following
paragraph –
“(4) In publishing guidelines and
policies under paragraph (1)(c), the Minister –
(a) may designate a particular area or type of
area as an area of archaeological potential; and
(b) may impose restrictions on development
within such an area (whether by reference to a particular area or to a type of
development, or otherwise).”.
4 Article 8
amended
In Article 8(7) at the end the full stop shall be deleted and
there shall be added the following words –
“(including different
areas, or parts of areas, of land of the same description).”.
5 Article 9
amended
In Article 9(5)(b) for the words “Planning Applications
Committee” there shall be substituted the words “Planning
Committee”.
6 Article 9A
amended
In Article 9A and the heading to that Article, for the words
“Planning Applications Committee” in each place in which they occur
there shall be substituted the words “Planning Committee”.
7 Article 12
amended
In Article 12 –
(a) for
paragraph (2) there shall be substituted the following paragraph –
“(2) Where this Article applies –
(a) the Minister, and only the Minister, shall
determine the application; and
(b) the Minister shall not do so unless and
until a public inquiry has been held concerning the application.”; and
(b) at
the end there shall be added the following paragraph –
“(10) The power to make rules of court under Article 13
of the Royal Court (Jersey) Law 1948[2] shall include the power to
make rules regulating practice and procedure in relation to appeals under paragraph (6).”.
8 Article 19
amended
In Article 19(3) for the words “Planning Applications
Committee” there shall be substituted the words “Planning
Committee”.
9 Article 20
amended
In Article 20(2A)(b) for the words “Planning Applications
Committee” there shall be substituted the words “Planning
Committee”.
10 Article 21
amended
In Article 21 –
(a) in paragraph (2),
for the word “manner,” there shall be substituted the words
“together with such fee as may be prescribed,”; and
(b) in paragraph (3)(b)
for the words “Planning Applications Committee” there shall be
substituted the words “Planning Committee”.
11 Article 22
amended
In Article 22(3) for the words “Planning Applications
Committee” there shall be substituted the words “Planning
Committee”.
12 Article 22A
amended
In Article 22A(2) to (5) for the words “Planning
Applications Committee”, in each place in which they occur, there shall
be substituted the words “Planning Committee”.
13 Article 26
amended
In Article 26(2) for the words “Planning Applications
Committee” there shall be substituted the words “Planning
Committee”.
14 Article 27
amended
In Article 27(3) for the words “Planning Applications
Committee” there shall be substituted the words “Planning
Committee”.
15 Article 35
amended
In Article 35(3) for the words “if the Chief Officer is
satisfied that there is sufficient justification for doing so.” there
shall be substituted the following words –
“if the Chief Officer –
(a) is satisfied that there is sufficient reason
for doing so; and
(b) specifies, in the grant of permission, which
provisions of the Building Bye-laws are disapplied.”.
16 Article 38A
inserted
After Article 38 there shall be inserted the following Article –
“38A Offence
of uttering false design certificate
(1) A person who is an approved Certifier of
Design commits an offence if the person knowingly or recklessly signs or issues
a design certificate containing –
(a) a material omission; or
(b) a statement or representation which is false
in a material particular.
‘approved Certifier of
Design’ means a person whose name appears on a list published by the
Minister of persons who are considered, in accordance with a scheme approved by
the Minister, to have the experience and qualifications required to be competent
to issue design certificates; and
‘design
certificate’ means a certificate which –
(a) certifies that if the specified building
work to which it relates is carried out in accordance with the plans and
certificates accompanying the certificate, that work will comply with relevant
requirements of Building Bye-Laws, and
(b) is signed by an approved Certifier of
Design.
(3) A person who is guilty of an offence under
this Article shall be liable to imprisonment for 2 years and to a
fine.”.
17 Article 40
amended
In Article 40(1) and (2) for the words “Planning
Applications Committee” in each place in which they occur there shall be
substituted the words “Planning Committee”.
18 Article 45
amended
In Article 45(1) and (2) for the words “Planning
Applications Committee” in each place in which they occur there shall be
substituted the words “Planning Committee”.
19 Article 51
amended
In Article 51(2) –
(a) in
sub-paragraph (a) for the words “zoological, ecological, botanical
or geological” there shall be substituted the words “botanical,
ecological, geological, scientific or zoological”; and
(b) in
sub-paragraph (b) for the words “historical, scientific or
traditional” there shall be substituted the words “cultural or
historical”.
20 Article 55
amended
For paragraph (1) of Article 55 there shall be substituted
the following paragraph –
“(1) This Article applies to the
carrying on, at or on a site of special interest, of any of the following –
(a) the use or operation of a device designed or
adapted to detect or locate metal or minerals in the ground;
(b) an activity which might injure or deface the
site or a part of the site;
(c) where the special interest of the site is an
archaeological interest, an activity specified in sub-paragraph (c), (d),
(e) or (f) of paragraph (2);
(d) where the special interest of the site is a
botanical, ecological, geological, scientific or zoological interest, any
activity specified in paragraph (2).”.
21 Article 57
amended
In Article 57 after the word “Chapter” there shall
be inserted the words “and in Part 7”.
22 Article 106
amended
In Article 106(4) for the words “Planning Applications
Committee” there shall be substituted the words “Planning
Committee”.
23 States
of Jersey Law 2005 amended
In Article 48(3A)(a) of the States of Jersey Law 2005[3] for the words
“Planning Applications Committee” there shall be substituted the
words “Planning Committee”.
24 Citation
and commencement
This Law may be cited as the Planning and Building (Amendment No. 7)
(Jersey) Law 2016 and shall come into force 7 days after it is
registered.
dr. m. egan
Greffier of the States