Jersey Law 28/1964
“ISLAND PLANNING (JERSEY) LAW, 1964”,
CONFIRMÉ PAR
Ordre de Sa
Majesté en Conseil
en date du 22
décembre 1964.
____________
(Enregistré
le 22 janvier 1965).
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ARRANGEMENT OF
ARTICLES.
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Article
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1.
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Interpretation……………………………………………...
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2.
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Purposes of
Law…………………………………………..
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3.
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Preparation of development
plans………………………...
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4.
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Power to acquire
land……………………………………..
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5.
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Obligation to obtain permission for
development………...
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6.
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Applications for permission to develop
land……………..
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7.
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Revocation and modification of
permission to develop…..
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8.
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Enforcement of planning
control…………………………
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9.
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List of
buildings of special architectural or historic
interest………………………………………………….
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10.
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Control of advertisements………………………………...
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11.
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Supplementary provisions regarding
advertisements…….
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12.
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Demolition of dilapidated buildings, dumps
etc………….
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13.
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Power to require proper maintenance of land
etc………...
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14.
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Penalty for non-compliance with
notice under Article 12 or
13……………………………………………………..
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15.
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Planting of trees and treatment of derelict
land…………..
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16.
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Orders for the preservation of
trees……………………….
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17.
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Penalty for destroying or damaging
trees………………...
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18.
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Penalty for depositing
rubbish……………………………
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19.
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Restriction on importation of
caravans…………………...
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20.
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Movable
structures………………………………………..
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21.
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Right of
appeal……………………………………………
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22.
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Service of
notices…………………………………………
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23.
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Power of
entry…………………………………………….
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24.
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Orders……………………………………………………..
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25.
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Repeal and transitional
provisions………………………..
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26.
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Short title and
commencement……………………………
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Schedule…………………………………………………………
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ISLAND PLANNING (JERSEY) LAW, 1964.
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A LAW to
provide for planning the development and use of land, for the grant of permission
to develop land and for powers of control over the use of land, to confer
powers in respect of the acquisition and development of land, to provide for
the protection and enhancement of the natural beauties of the Island and the
preservation and improvement of its general amenities, and to make other
provision in similar respects, sanctioned by Order of Her Majesty in Council of
the
22nd day of DECEMBER, 1964.
____________
(Registered on the 22nd day of January, 1965).
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STATES OF JERSEY.
____________
The 31st day of
March, 1964.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law : -
ARTICLE 1
INTERPRETATION
(1) 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;
“the commencement date” means the date on which this
Law comes into force;
“the Committee” means the Island Development Committee;
“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;
“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 of this Law, includes any interest in land or water and
servitudes or rights in, on or over land or water;
“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;
“statutory undertakers” means persons authorized by any
enactment to carry on any undertaking for the supply of electricity, gas or
water;
“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) References
in this Law to any other enactment include references to that enactment as
amended by any subsequent enactment.
ARTICLE 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 the Island ;
(e) to keep the coasts of
the Island in their natural state ;
(f) to control the
placing of advertisements and hoardings ;
(g) to protect buildings of
special architectural or historic interest ;
and generally to prevent the spoliation of the amenities of the
Island.
ARTICLE 3
PREPARATION OF DEVELOPMENT PLANS
(1) The
Committee may from time to time prepare for the approval of the States
development plans for different parts of the Island 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 Committee proposes that land should be used, whether by the carrying
out thereon of development or otherwise.
ARTICLE 4
POWER TO ACQUIRE LAND
(1) Where
it appears to the States that any land should be acquired by the public of the
Island 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, and, in
relation to the acquisition of any land as aforesaid, the Committee shall be
the acquiring authority within the meaning of the said Law.
(2) 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 9 of the Compulsory
Purchase of Land (Procedure) (Jersey) Law, 1961, 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.
ARTICLE 5
OBLIGATION TO OBTAIN PERMISSION FOR DEVELOPMENT
(1) Subject
to the provisions of this Law, the permission of the Committee 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 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 three 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.
(3) For
the avoidance of doubt it is hereby declared that for the purposes of this
Article –
(a) the use as two or more
separate dwelling-houses of any building previously used as a single
dwelling-house, or the use of two 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 Committee by notice served on the owner
of the land otherwise directs, nothing in sub-paragraph (b) of this paragraph 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.
ARTICLE 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 Committee and shall contain or be accompanied by such
particulars as the Committee may require.
(2) Subject
to the provisions of this Article, where application is made to the Committee
for permission to develop land, the Committee may grant permission either
unconditionally or subject to such conditions as it thinks fit, or may refuse
permission.
(3) 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.
(4) Without
prejudice to the generality of the foregoing provisions of this Article, the
Committee 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.
(5) Where
application is made to develop land within an area shown on a map furnished to
the Committee by the Harbours and Airport Committee for the purposes of this
paragraph, then, in the consideration of such application, the Committee shall,
insofar as indication may be made on the map in relation to that area, consult
with the Harbours and Airport Committee and take into account any
representations made by that Committee in the matter.
(6) Where
application is made to do any such work as is referred to in sub-paragraph (b) of paragraph (2) of Article 5 of this
Law, or where in respect of any application for permission to develop land it
appears to the Committee that the work, or any part thereof, would be a source
of danger to persons using any road bordering the land or would involve an
increase in public expenditure in the event of the improvement of any such road
at any future time, or would hinder any proposals for the improvement of any
such road previously notified to the Committee by the highway authority, then
in the consideration of such application, the Committee shall consult with the
highway authority and take into account any representations made by the highway
authority in the matter :
Provided that the Committee shall not exercise its powers under
this Article in such a manner as to deny reasonable access to land either to
persons or to vehicles.
(7) Where
application is made for permission to develop land within an area shown on a
map furnished to the Committee by the Sewerage Board for the purposes of this
paragraph, then, in the consideration of such application, the Committee shall
consult with the Board and shall take into account any representation made by
the Board as to the effect of the development on the sufficiency of the
sewerage and drainage systems or with a view to the prevention of damage to, or
hindrance to the repair and maintenance of, sewers and watercourses, and the
limitation of damage by surface water.
(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) ensure 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 Committee to any permission to develop land shall be
binding on, and enforceable by the Committee against, all persons for the time
being having any estate or interest therein.
(10) Where
the Committee refuses permission to develop land, it shall furnish to the
applicant a statement in writing of its 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
Committee 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
Committee 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
Committee in respect of the application and the date of such decision, and, in
particular, where permission to develop is granted by the Committee details of
any conditions attached to the permission.
(13) In
paragraph (7) of this Article, “drainage” and
“watercourse” have the same meanings as in the Drainage (Jersey)
Law, 1962.
ARTICLE 7
REVOCATION AND MODIFICATION OF PERMISSION TO DEVELOP
(1) Subject
to the provisions of this Article, if it appears to the Committee 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, it may revoke or
modify the permission to such extent as appears to it to be so expedient.
(2) Where
permission to develop land is revoked or modified under this Article, the
Committee shall serve notice on the owner and on the occupier of the land
affected, and on any other person who in its opinion will be affected by its
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 Committee within one month from the date of the
notification of the decision of the Committee, 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 Committee 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.
ARTICLE 8
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, he shall, without prejudice to any
other proceedings which might be taken against him, be guilty of an offence and
shall be liable to a fine not exceeding one thousand pounds, and whether or not
any proceedings are taken either in respect of the offence or otherwise, the
Committee may serve a notice on him 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 twenty-eight 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.
(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 Committee may enter on the land and take those steps, and the expenses
reasonably incurred by the Committee 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, he shall be guilty of an offence and shall be liable to a fine not
exceeding one hundred pounds, and if the use is continued after conviction, he
shall be guilty of a further offence and liable to a fine not exceeding twenty
pounds for each day on which the use is so continued.
ARTICLE 9
LIST OF BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST
(1) The
Committee may by order prescribe a list of buildings of special architectural
or historic interest but no such order shall be made unless at least
twenty-eight days previously the Committee has served on the owner of each such
building, and on every other person known to the Committee to have an interest
therein, a notice of its intention to include the building in the order, and
every person having an interest in the building shall be entitled to make
representations in the matter to the Committee and the Committee shall take
such representations into account.
(2) Before
making any order under this Article, the Committee shall consult with such
persons or bodies of persons as appear to it appropriate as having special
knowledge of or interest in buildings of architectural or historic interest.
(3) As
soon as may be after the inclusion of any building in any order made under this
Article, the Committee shall serve a notice to that effect on the owner of the
building and on every other person known to the Committee to have an interest
therein.
(4) So
long as any building is included in any order made under this Article, 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, unless at least six months before
the works are executed notice in writing of the proposed works has been given
to the Committee :
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 notice is given as aforesaid as soon as may
be after the necessity for the works arises.
(5) If
any person contravenes the provisions of paragraph (4) of this Article, he
shall be guilty of an offence and shall be liable to a fine not exceeding one
thousand pounds, and whether or not any proceedings are taken in respect of the
offence or otherwise, the Committee 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 twenty-eight days) as may be so specified.
(6) If
within the period specified in the notice, any steps required thereby to be
taken have not been taken, the Committee may enter on the land and take those
steps, and the expenses reasonably incurred by the Committee in so doing shall
be recoverable as a civil debt from the person in default.
ARTICLE 10
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 Committee 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 Committee 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
Committee 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 the Island, 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
Committee 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 Committee shall consult with such
persons or bodies of persons as appear to it requisite.
ARTICLE 11
SUPPLEMENTARY PROVISIONS REGARDING ADVERTISEMENTS
(1) Where
the display of advertisements in accordance with any order made under Article
10 of this Law 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 sub-paragraph (d) of paragraph (1) of Article 10 of
this Law, in any order made under that Article, if any person displays an
advertisement in contravention of the provisions of the order, he shall be
guilty of an offence and shall be liable to a fine not exceeding fifty pounds
and, in the case of a continuing offence, to a further fine not exceeding two
pounds for each day during which the offence continues after conviction
thereof.
(3) For
the purposes of paragraph (2) of this Article, 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 he is the owner or occupier ;
(b) the advertisement gives
publicity to his goods, trade, business or other concerns ; or
(c) the advertisement gives
publicity to his 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 he is the owner or occupier, or that his goods, trade, business or other
concerns are given publicity by the advertisement, if he proves that it was
displayed without his knowledge or consent.
ARTICLE 12
DEMOLITION OF DILAPIDATED BUILDINGS, DUMPS ETC
(1) The
Committee may serve a notice –
(a) on the owner of any
building which is in a ruinous or dilapidated condition, requiring him 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 him 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 him 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 him 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.
ARTICLE 13
POWER TO REQUIRE PROPER MAINTENANCE OF LAND ETC
If it appears to the Committee that the amenities of any part of
the Island are seriously injured by the condition of any land, the Committee
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.
ARTICLE 14
PENALTY FOR NON-COMPLIANCE WITH NOTICE UNDER ARTICLE 12 OR 13
If any person on whom a notice has been served under Article 12 or
13 of this Law fails to comply with the requirements thereof within such period
(not being less than twenty-eight days from the service thereof) as may be
specified therein, he shall be liable to a fine not exceeding fifty pounds,
and, whether or not any proceedings are taken in respect of the offence, the
Committee may execute the work required to be done in such manner as it thinks
fit, and the expenses reasonably incurred by the Committee in so doing shall be
recoverable as a civil debt from the person in default.
ARTICLE 15
PLANTING OF TREES AND TREATMENT OF DERELICT LAND
(1) The
Committee may cause trees to be planted on any land in the Island 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
the Island which in the opinion of the Committee is in any way unsightly, the
Committee may –
(a) cause trees to be
planted ; or
(b) carry out such work or
do such other things as appear to it expedient for that purpose.
(3) The
powers conferred by this Article may be exercised by the Committee 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 Committee.
ARTICLE 16
ORDERS FOR THE PRESERVATION OF TREES
(1) If
it appears to the Committee that it is expedient in the interests of amenity to
make provision for the preservation of trees in the Island, it 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 Committee ;
(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 the Island.
(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, he shall be guilty of an offence and shall be liable to a fine not
exceeding fifty pounds and, in the case of a continuing offence, to a further
fine not exceeding two pounds for each day during which the offence continues
after conviction thereof.
ARTICLE 17
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, he shall be liable to a fine
not exceeding fifty pounds.
ARTICLE 18
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, he shall be liable to a fine
not exceeding fifty pounds.
ARTICLE 19
RESTRICTION ON IMPORTATION OF CARAVANS
(1) No
caravan shall be imported into the Island except under the authority of a
licence granted by the Committee.
(2) The
Committee may attach to any licence granted under this Article such conditions
as it 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, he shall be liable to a fine not exceeding fifty
pounds and, in the case of a continuing offence, to a further fine not
exceeding five pounds 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 Committee may require the caravan to be re-exported and if the
caravan is not re-exported within such period (not being less than twenty-eight
days) as may be so required, the caravan shall be forfeited and shall become
the property of the States.
(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 his agent, the officer
seizing the caravan shall give notice in writing of such seizure and of the
grounds thereof to the owner or to his agent, if known.
ARTICLE 20
MOVABLE STRUCTURES
(1) The
Committee may make orders for restricting the erection, stationing and use of
movable structures and generally for the prevention of nuisances in connexion
therewith.
(2) Before
making any order under this Article, the Committee shall consult with the
Public Health Committee.
(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, he
shall be guilty of an offence and shall be liable to a fine not exceeding fifty
pounds and, in the case of a continuing offence, to a further fine not
exceeding two pounds for each day during which the offence continues after
conviction thereof.
ARTICLE 21
RIGHT OF APPEAL
(1) Any
person aggrieved by the refusal of the Committee 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 paragraph (2) of Article 7, or paragraph (1) of
Article 8, or paragraph (3) or paragraph (5) of Article 9, or paragraph (1) of
Article 12, or Article 13, of this Law, 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 two months of the date of the
notification of the decision of the Committee 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 Committee or the service of the notice, as the
case may be, was unreasonable having regard to all the circumstances of the
case.
(2) Where
an appeal under this Article is brought against a notice served under paragraph
(1) of Article 8, paragraph (5) of Article 9, paragraph (1) of Article 12, or
Article 13, of this Law, the said paragraph (1) of Article 8, the said paragraph
(5) of Article 9 or Article 14, 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 twenty-eight days from the date on which the appeal
was abandoned or dismissed.
ARTICLE 22
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 ; or
(b) by leaving it at his
proper address ; or
(c) by registered post ; or
(d) by the recorded
delivery service.
(3) For
the purposes of this Article, and of Article 12 of the Interpretation (Jersey)
Law, 1954, 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, his 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.
ARTICLE 23
POWER OF ENTRY
(1) Any
person authorized in that behalf by the Committee may, for any of the purposes
of this Law, at all reasonable times, on the production if so required of
evidence of his authority, enter on, inspect and survey any land.
(2) If
any person obstructs or impedes any person so authorized in the execution of
his duties, he shall be liable in respect of each offence to a fine not
exceeding fifty pounds.
ARTICLE 24
ORDERS
The Subordinate Legislation (Jersey) Law, 1960, shall
apply to orders made under this Law.
ARTICLE 25
REPEAL AND TRANSITIONAL PROVISIONS
(1) The
following enactments are hereby repealed, namely –
(a) the Movable Dwellings
(Control) (Jersey) Regulations, 1948 ;
(b) the Preservation of
Amenities (Jersey) Law, 1952 ;
(c) the Preservation of
Amenities (Amendment) (Jersey) Law, 1954 ;
(d) the Preservation of
Amenities (Amendment No. 2) (Jersey) Law, 1960 ;
(e) Article 4 of the Roads
Administration (Jersey) Law, 1960 ;
(f) Article 7 of the
Drainage (Jersey) Law, 1962.
(2) This
Law shall have effect subject to the transitional provisions set out in the
Schedule to this Law.
(3) The
mention of particular matters in the Schedule to this Law shall be without
prejudice to the general application of Article 19 of the Interpretation
(Jersey) Law, 1954 (which
relates to the effect of repeals).
ARTICLE 26
SHORT TITLE AND COMMENCEMENT
(1) This
Law may be cited as the Island Planning (Jersey) Law, 1964.
(2) This
Law shall come into force on the first day of the third month next following
that in which it is promulgated.
SCHEDULE
(Article 25)
TRANSITIONAL PROVISIONS
1. In
this Schedule, “the 1952 Law” means the Preservation of Amenities
(Jersey) Law, 1952
2.-(1) Insofar as any application,
determination, decision or appeal made, consent given, licence or permission
granted, compensation paid or recovered, notice served, condition imposed,
requirement made or other thing done, under the 1952 Law could have been made,
given, granted, paid, recovered, served, imposed or done under a corresponding
provision of this Law, it shall not be invalidated by the repeal of the 1952
Law but shall have effect as if made, given, granted, paid, recovered, served,
imposed or done under that corresponding provision.
(2) For
the purposes of this paragraph, consent to make, extend or externally alter a building
under the 1952 Law, and the giving of such consent, shall be treated as the
equivalent of permission to develop land under this Law, and the granting of
such permission.
3. Any
proceedings in respect of any of the matters referred to in paragraph 2 of this
Schedule which could have been taken under any provision of the 1952 Law, if
that Law had not been repealed by this Law, may be taken under the
corresponding provision of this Law, and any proceedings pending at the
commencement of this Law under the 1952 Law may be continued under the
corresponding provision of this Law.
A.D. LE
BROCQ,
Greffier of the States.