PLANNING AND BUILDING (JERSEY) LAW 2002
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A LAW to
provide the means to establish a plan for the sustainable development of land
and to control development in accordance with that plan, to prescribe the
functional requirements of buildings and to provide the means to enforce those
requirements, to provide the means to protect, enhance, conserve and to use
wisely the natural beauties, natural resources and biodiversity of the Island
and to preserve and improve the Island’s general amenities, to confer
powers to acquire land for the purposes of the Law, and to make other
provisions in similar respects; sanctioned by Order of Her Majesty in Council
of the
22nd day of OCTOBER 2002
____________
(Registered on the 8th day
of November 2002)
____________
STATES OF JERSEY
____________
The 17th day of April 2002
____________
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council,
have adopted the following Law -
PART 1
PRELIMINARY
ARTICLE 1
Interpretation
(1) In this Law, unless the
context otherwise requires -
“advertisement” has the meaning given to that expression
by Article 75(1);
“breach of development controls” has the meaning given
to that expression by Article 39;
“building” includes -
(a) a structure or erection
of any material and constructed in any manner;
(b) a
part of a building; and
(c) the
inside of a building including its internal services;
“Building Bye-laws” means Building Bye-laws made by the
Committee in accordance with Article 30;
“building operation” includes -
(a) a
rebuilding operation;
(b) a structural alteration
of a building including its services;
(c) a structural addition
to a building including an addition to its services;
(d) an operation similar to
an operation referred to in sub-paragraph (a), (b) or (c); and
(e) the demolition or
removal of the whole or any part of a building including its services;
“building permission” means permission to undertake
prescribed building work;
“building work” means work the carrying out of which
amounts to development or a change of use that amounts to development;
“caravan” has the meaning given to that expression by
Article 98;
“Commission” means the Planning and Building Appeals
Commission established by Article 107(1);
“Committee” means the Planning and Environment
Committee;
“completion notice” means a notice served in accordance
with Article 26(2);
“condition” includes a limitation, restriction or
requirement;
“condition notice” means a notice served in accordance
with Article 47;
“contravention”, in relation to a condition, limitation,
restriction or requirement, includes -
(a) to fail to comply with
the condition, limitation, restriction or requirement; and
(b) to cause or permit
another person to contravene or to fail to comply with the condition,
limitation, restriction or requirement;
“dangerous building notice” means a notice served by the
Committee in accordance with Article 66(2);
“develop” has the meaning given to that expression by
Article 5 and “development” shall be construed accordingly;
“Development Order” means an Order made by the Committee
under Article 8(1);
“enforcement notice” means a notice served in accordance
with Article 40(2) and where the notice has been amended in accordance with
Article 42 means the notice as so amended;
“highway authority”, in relation to a road that is
repairable at the expense of the States or a Parish, means -
(a) the Public Services
Committee in relation to a main road;
(b) the Roads Committee of
the Parish in which the road is situated in relation to a by-road;
“Island Plan” means the
Island Plan approved for the time being by the States in accordance with
Article 3;
“land” means a corporeal hereditament, and includes -
(a) a
building;
(b) land covered with water
including sea water within the outermost limits of the territorial sea of the Island; and
(c) in relation to the
acquisition of land by the States under Article 119, an interest in land or
water and a servitude or right in, on or over land or water;
“land condition notice” has the meaning given to that
expression by Article 83(1);
“list”, in respect of a list to be maintained by the
Committee by virtue of this Law, means a list kept in any form determined by
the Committee so long as the contents of the list may be easily retrieved in
legible form;
“List of Sites of Special Interest” has the meaning
given to that expression by Article 50;
“List of Protected Trees” has the meaning given to that
expression by Article 57;
“means of access” includes any means of access, whether
private or public, for vehicles or animals, or for pedestrians;
“notice” means written notice;
“owner” includes -
(a) a usufructuary;
(b) the
husband of a “feme covert”;
(c) the
guardian of an infant;
(d) the
curator of a person under interdiction; and
(e) any
other legal personal representative of a person;
“planning obligation” means an obligation entered into
in accordance with Article 25;
“planning permission” means permission to develop land
granted -
(a) by the Committee by a
Development Order or on an application made to the Committee in accordance with
Article 9;
(b) under
the Island Planning (Jersey)
Law 1964; or
(c) under
a Law repealed by that Law;
“prescribed building work” means building work for which
permission is required under the Building Bye-laws;
“register”, in respect of a register to be maintained by
the Committee by virtue of this Law, means a register kept in any form
determined by the Committee so long as the contents of the register may be
easily retrieved in legible form;
“Register of Building Applications” means the register
maintained by the Committee in accordance with Article 38(1);
“Register of Dangerous Building Notices” means the
register maintained by the Committee in accordance with Article 74(1);
“Register of Development Notices” means the register
maintained by the Committee in accordance with Article 49(1);
“Register of Land Condition Notices” means the register
maintained by the Committee in accordance with Article 97(1);
“Register of Planning Applications” means the register
maintained by the Committee in accordance with Article 29(1);
“Register of Planning Obligations” means the register
maintained by the Committee in accordance with Article 25(13);
“road” means a -
(a) road;
(b) bridge;
(c) viaduct;
or
(d) subway,
and includes its carriageway, footpath and any other part of it;
“site notice” means a notice displayed by the Committee
in accordance with Article 45(9);
“stop notice” means a notice served in accordance with
Article 45(2);
“tree” has the meaning given to that expression by
Article 57.
(2) A reference in this Law
to a person being guilty of an offence includes a person who aids, abets,
counsels or procures the commission of the offence and such a person shall be
liable to be dealt with, tried and punished as a principal offender.
(3) A reference in this Law
to a Part, Chapter, Article or Schedule by number only and without further
identification is a reference to the Part, Chapter, Article or Schedule of that
number in this Law.
(4) A reference in an
Article or other division of this Law to a paragraph, sub-paragraph or clause
by number or letter only and without further identification is a reference to
the paragraph, sub-paragraph or clause of that number or letter in the Article
or other division of this Law.
(5) Unless the context
otherwise requires, a reference in this Law to an enactment is a reference to
that enactment as amended from time to time and includes a reference to that
enactment as extended or applied under another enactment, including another
provision of this Law.
ARTICLE 2
Purposes of Law
(1) The purpose of this Law
is to conserve, protect and improve the Island’s
natural beauty, natural resources and general amenities, its character, and its
physical and natural environments.
(2) Accordingly it is the
intention of this Law -
(a) to ensure that when
land is developed the development is in accordance with a development plan that
provides for the orderly, comprehensive and sustainable development of land in
a manner that best serves the interests of the community;
(b) to protect sites,
buildings, structures, trees and places that have a special importance or value
to the Island;
(c) to provide for the
orderly management of transport and travel, both on, and from and to the Island;
(d) to ensure that the
coast of the Island is kept in its natural
state;
(e) to control
advertisements on the Island; and
(f) to impose other
necessary controls on the development and use of land on the Island.
(3) In paragraph (1) the
reference to -
(a) the natural resources
of the Islands includes its biodiversity; and
(b) the natural environment
of the Island includes the natural environment
around the Island.
(4) It is also the purpose
of this Law to secure the health, safety and welfare of people in or about
buildings by establishing functional requirements in respect of buildings and
ensuring that buildings comply with those requirements.
PART 2
THE ISLAND PLAN
ARTICLE 3
Committee to prepare an
Island Plan
(1) The Committee shall
prepare and present to the States for approval an Island Plan.
(2) Thereafter the
Committee shall present a revision of that plan to the States for approval
within 10 years of the approval of the Plan by the States or of the previous
approval by the States of a revision of that Plan.
(3) In preparing the Island
Plan or a revision of it the Committee shall publicize its proposals and seek
representations from the public.
(4) The Committee shall by
Order prescribe the manner in which -
(a) its proposals in
respect of the Island Plan shall be publicized; and
(b) representations may be
provided by members of the public.
(5) The Order must
prescribe the manner in which representations may be heard in public.
(6) The Committee shall
consider representation it has received when preparing the Island Plan or any
revision of it for approval by the States.
ARTICLE 4
Form of Island Plan
(1) The Island
Plan shall be in 2 Parts.
(2) Part 1 shall be a
written statement of the Committee’s policies in respect of the
development and use of land together with a reasoned justification of each of
those policies.
(3) Those policies must -
(a) further the purpose
referred to in Article 2(1) and the intention referred to in Article 2(2); and
(b) in so doing, designate
land for particular development or use.
(4) That designation may include
designating land to be used to provide residential accommodation, whether it be
accommodation for renting or accommodation for purchase, for persons who would
otherwise have financial difficulties renting or acquiring residential
accommodation in the general market for residential accommodation prevailing in
Jersey.
(5) Part 2 of the Island
Plan shall consist of -
(a) a map or maps that
illustrate the Committee’s proposals for the development or use of land
on a geographical basis; and
(b) such additional
diagrams, illustrations and other descriptive explanatory matter as the
Committee considers necessary to explain and illustrate its proposals.
PART 3
PLANNING
CONTROL
Chapter 1 - Develop defined
ARTICLE 5
Meaning of “develop”
(1) Except as provided by
paragraph (5), in this Law “develop”, in respect of land,
means -
(a) to undertake a
building, engineering, mining or other operation in, on, over or under the
land;
(b) to make a material
change in the use of the land or a building on the land.
(2) Without prejudice to
the generality of paragraph (1), “develop”, in respect of land,
includes -
(a) to demolish or remove
the whole or any part of a building on the land;
(b) to create a new means
of access to the land from a road;
(c) to enlarge an existing
means of access to the land from a road;
(d) to remove a hedgerow or
banque or other physical feature defining a boundary of the land or of any part
of it;
(e) to use a building on
the land previously used as a single dwelling-house as 2 or more separate
dwelling-houses;
(f) to use 2 or more
premises on the land (whether they are in separate buildings or are parts of
the same building) previously used as separate dwelling-houses as a single
dwelling-house;
(g) to use a building or
part of a building on the land previously used as a dwelling-house for short
term holiday lettings;
(h) to create a time
sharing scheme in respect of a building on the land, being a scheme whereby a
person is granted a right entitling the person to occupy the building or a part
of it for a specified period each year while the right subsists;
(i) to display an
advertisement on a part of a building on the land not normally used for that
purpose;
(j) to deposit refuse
or waste material on the land except to the extent set out in paragraph (3).
(3) Unless paragraph (4)
applies, the deposit of refuse or waste material on land already lawfully used
for that purpose is not development of that land unless the deposit of that
refuse or waste material means that -
(a) the height of the
refuse or waste material on the land exceeds the level of the adjoining land;
or
(b) the superficial area of
the land covered by the refuse or waste material deposited on it is extended.
(4) The deposit of refuse
or waste material on land lawfully used for that purpose becomes development of
that land if the Committee serves notice on the owner of the land declaring
that any further use of the land for the deposit of refuse or waste material
will constitute development of the land for the purposes of this Law.
(5) In
this Law “develop” does not include -
(a) an operation carried
out within the boundaries of a road by the highway authority to maintain or
improve the road; or
(b) an operation carried
out by a public or parochial authority to lay, place, inspect, repair or renew
a sewer, a main, an underground line or cable, or any other underground
apparatus.
Chapter 2 - Guidelines
ARTICLE 6
Committee may publish guidelines, etc.
(1) The Committee may
publish guidelines and policies in respect of -
(a) development generally;
(b) any class of
development;
(c) the development of any
area of land; or
(d) the development of a
specified site.
(2) Before doing so the
Committee shall consult any other Committee or statutory authority with an
interest in the development.
(3) The Committee shall
take into account when considering an application for permission to develop
land the extent to which the proposed development complies with any relevant
guidelines and other policies it has published.
Chapter 3 - Application of planning controls
ARTICLE 7
Land not to be developed without permission
(1) A person who develops
land except with, and in accordance with, planning permission shall be guilty
of an offence and liable to a fine or imprisonment, or both.
(2) A person shall be
guilty of an offence under paragraph (1) if when undertaking development the
person contravenes any condition subject to which planning permission for the
development was granted.
(3) In determining the
amount of any fine to be imposed on a person convicted of an offence under this
Article, the court shall in particular have regard to any financial benefit
which has accrued or appears likely to accrue or could have accrued to the
person in consequence of the offence.
(4) A person may be
convicted of an offence under this Article despite the fact that -
(a) an enforcement notice
or a condition notice has been served in respect of the breach of development
controls; and
(b) every step required by
the notice to be taken has been taken.
ARTICLE 8
Development Orders
(1) The Committee may by
Order (a “Development Order”) grant planning permission in respect
of a class or classes of development specified in the Order.
(2) A Development Order
shall not be used to grant planning permission for development that would be
inconsistent with the Island Plan.
(3) A Development Order may
be made either -
(a) as a General
Development Order applicable to all land in the Island, except so far as the
Order otherwise provides; or
(b) as a Special
Development Order applicable only to such land or description of land as is
specified in the Order.
(4) Planning permission
granted by a Development Order may be granted unconditionally or subject to
conditions specified in the Order.
(5) If planning permission
is granted by a Development Order to erect, extend or alter a class of
buildings specified in the Order the Order may require that the approval of the
Committee shall first be obtained with respect to the design or external
appearance of those buildings.
(6) A Development Order may
enable the Committee to direct that planning permission for a class of
development specified in the Order shall not apply -
(a) in a particular area of
the Island;
(b) in respect of a
specified class of building or land; or
(c) to a specified
development site.
(7) A Development Order may
make different provisions with respect to different descriptions of land or
different areas of the Island.
(8) If part of the
development of land is approved by a Development Order and part on an
application made to the Committee, the Committee may on granting the latter
consent cancel or modify the planning permission granted by the Development
Order.
ARTICLE 9
Applications for planning
permission not granted by a Development Order
(1) A person who requires
planning permission not granted by a Development Order must apply to the
Committee for it.
(2) The application shall -
(a) be in the form required
by the Committee;
(b) contain or be
accompanied by particulars the Committee reasonably requires to determine the
application; and
(c) be accompanied by the
prescribed fee.
(3) Before making a
decision in respect of an application the Committee may require the applicant
to provide it with any necessary further details.
(4) If the applicant fails
to provide those details within a reasonable time the Committee may refuse the
application.
(5) If it does so the
Committee is under no obligation to refund the prescribed fee.
ARTICLE 10
False information, etc. in application for planning
permission
(1) If when making an
application for planning permission a person knowingly or recklessly makes a
false or misleading statement or representation or a statement or
representation with a material omission the person shall be guilty of an
offence and liable to a fine or imprisonment, or both.
(2) If a person has made
such a statement or representation and the planning permission has been
granted, the Committee may -
(a) revoke or modify the
permission; and
(b) if the development has
been started or undertaken, serve a notice on the owner of the land to which
the permission relates.
(3) The notice may require
the owner of the land, within a period specified in the notice -
(a) to undertake work
specified in the notice to restore the land to its condition before the
development was undertaken; or
(b) to modify the
development to the extent specified in the notice.
(4) The work to be
undertaken may include -
(a) the demolition or
alteration of the whole or any part of a building; or
(b) the discontinuance of a
use of land.
(5) The Committee may act
in accordance with paragraph (2) whether or not proceedings have been taken in
respect of the offence under paragraph (1).
(6) A person who -
(a) fails to comply with a
notice served on the person in accordance with paragraph (2)(b); or
(b) uses land in
contravention of the notice,
shall be guilty of an offence and liable to a fine not exceeding
level 3 on the standard scale.
(7) If at the end of the
period for compliance specified in a notice under paragraph (2)(b), work
required by the notice to be undertaken has not been undertaken, the Committee
may enter the land and undertake the work.
(8) The expenses reasonably
incurred by the Committee in undertaking work in accordance with paragraph (7)
shall be recoverable as a debt due to the Committee from the person in default.
(9) The Committee may
undertake work in accordance with paragraph (7) whether or not proceedings have
been taken under paragraph (6).
(10) Action taken by the Committee under
this Article does not give any person the right to claim compensation in
respect of any loss or damage the person may suffer as a result of the action.
ARTICLE 11
Committee shall prescribe
manner in which application for planning permission is to be publicized
(1) The Committee shall by
Order prescribe the manner in which -
(a) an application for
planning permission shall be publicized or otherwise notified; and
(b) representations may be
provided by members of the public.
(2) For the purpose of
paragraph (1) an application for planning permission shall be taken to include
any environmental impact statement relating to the application prepared and
provided in accordance with Article 13.
(3) The Committee shall not
make a decision on an application for planning permission until it is satisfied
that the application has been publicized or notified in the manner prescribed
in accordance with paragraph (1).
(4) The Committee shall
take into account in determining the application any representations provided
by the public under this Article.
(5) The Committee may
require an applicant for planning permission to produce evidence to the Committee
showing that the application has been publicized or notified in the prescribed
manner.
(6) The copyright in
anything forming part of an application for planning permission is not
infringed if the Committee provides a person with a copy of it for
consideration and comment.
ARTICLE 12
Public inquiries
(1) This Article applies in
respect of an application for planning permission where the Committee is
satisfied that if the proposed development were to be carried out -
(a) the development would
be likely to have a significant effect on the interests of the whole or a
substantial part of the population of the Island;
or
(b) the development would
be a departure (other than an insubstantial one) from the Island Plan.
(2) Where this Article
applies the Committee shall not determine the application until a public
inquiry has been held.
(3) The Committee shall
take into account in determining the application representations made at the
public inquiry.
(4) The Committee shall by
Order prescribe the manner in which a public inquiry shall be held.
(5) The Order shall, in
particular, prescribe -
(a) the manner in which
notice of the inquiry shall be given;
(b) the procedure to be
followed at an inquiry; and
(c) the persons who may
appear and be heard at an inquiry.
ARTICLE 13
Environmental impact of proposed development
(1) This Article applies in
respect of an application for planning permission -
(a) to carry out
development that falls within a class of development prescribed for the purpose
of this sub-paragraph; or
(b) where the Committee is
satisfied that if the proposed development were to be carried out it would be
likely to have a significant effect on the environment of the Island
or elsewhere.
(2) Where this Article
applies the Committee shall not consider the application until the applicant
has provided the Committee with an environmental impact statement.
(3) The Committee shall
take the statement into account in determining the application.
(4) The Committee shall by
Order prescribe for the purpose of paragraph (1)(a) classes of development in
respect of which an environmental impact statement is required.
(5) The Order shall also
prescribe -
(a) the particulars an
environmental impact statement must contain;
(b) the qualifications of
the people by whom those particulars are to be provided;
(c) the form an
environmental impact statement is to take; and
(d) such other matters as
the Committee consider relevant to the preparation and provision of an
environmental impact statement.
ARTICLE 14
Development of concern to
highway authority
(1) This Article applies in
respect of an application for planning permission -
(a) where the proposed
development involves the creation of a new means of access or the enlargement
of an existing means of access to a road; or
(b) where it appears to the
Committee that if the development were to be undertaken it might create a
problem specified in paragraph (2).
(2) Those problems are that
the development of the land might -
(a) be a source or cause of
danger to people using or entering a road bordering the land;
(b) have a significant
effect on the volume or type of traffic using the roads leading to and from or
in the vicinity of the development;
(c) involve an increase in
the cost of undertaking any improvement of a road bordering the land; or
(d) hinder the improvement
of a road bordering the land which the highway authority has notified the
Committee it intends to improve.
(3) Where this Article
applies the Committee shall refer the application to the highway authority (if
any) in respect of the road.
(4) The Committee shall
take into account in determining the application any comment made by that
authority.
ARTICLE 15
Development of concern to the Harbours and Airport
Committee
(1) This Article applies in
respect of an application for planning permission to develop land within an
area shown on a map provided to the Committee by the Harbours and Airport
Committee for the purpose of this Article.
(2) Where this Article
applies the Committee shall refer the application to the Harbours and Airport
Committee for comment.
(3) The Committee shall
take into account in determining the application any comment made by that Committee
in respect of the possible effect the proposed development could have on the
operation of a harbour or the airport.
ARTICLE 16
Development of concern to
the Public Services Committee
(1) This Article applies in
respect of an application for planning permission for development that falls
within an area of responsibility or concern of the Public Services Committee.
(2) Where this Article
applies the Committee shall refer the application to the Public Services
Committee for comment.
(3) The Committee shall in
determining the application take into account any comment made by that
Committee in respect of the matters specified in paragraph (4).
(4) Those matters are -
(a) the sufficiency of any
sewerage or drainage system, flood defence work or water course that may be
affected by the development, the prevention of damage to it, and any hindrance
to its repair or maintenance;
(b) the limitation of
damage by surface water that could be caused by the development;
(c) the effect of the
development on water quality (including sea water quality).
ARTICLE 17
Development of concern to
other Committees, etc.
(1) This Article applies in
respect of an application for planning permission for development -
(a) that falls within the
area of responsibility or concern of a Committee (other than the Harbours and
Airport Committee or the Public Services Committee) or a body or person created
by statute; or
(b) that is development of
a type or class, or within an area of the Island,
in respect of which a body or person created by statute has informed the
Committee that it has an interest or concern.
(2) Where this Article
applies the Committee shall refer the application to the relevant Committee, or
body or person for comment.
(3) The Committee shall in
determining the application take into account any comment made by that
Committee, or body or person in respect of the proposed development.
ARTICLE 18
Public may attend Committee meeting when application
for planning permission being considered
(1) The Committee shall
permit members of the public to attend a meeting of the Committee when the
Committee is considering an application for planning permission.
(2) The presiding member of
the Committee at a meeting of the Committee when it is open to members of the
public may request a member of the public to leave the meeting if the presiding
member is satisfied that the person is behaving in a manner that is interfering
with the Committee’s deliberations.
(3) A person who fails to
comply with a request made in accordance with paragraph (2) shall be guilty of
an offence and liable to a fine not exceeding level 2 on the standard scale.
(4) The Committee shall
give at least 3 days’ notice in the Jersey Gazette of any of its meetings
that will be open to the public.
(5) The notice shall state
the date, time and place of the meeting and indicate the applications for
planning permission the Committee intends to consider at the meeting.
ARTICLE 19
Grant of planning
permission
(1) The Committee in determining
an application for planning permission shall take into account all material
considerations.
(2) In general the
Committee shall grant planning permission if the proposed development is in
accordance with the Island Plan.
(3) The Committee may grant
planning permission that is inconsistent with the Island Plan but shall not do
so unless it has satisfied itself that there is sufficient justification for
doing so.
(4) The Committee may grant
planning permission in detail or in outline only, reserving specified matters
to be subsequently approved by the Committee.
(5) The Committee may grant
planning permission unconditionally or subject to conditions.
(6) It may also refuse to
grant planning permission.
(7) Action taken by the
Committee under this Article does not give any person the right to claim
compensation in respect of any loss or damage the person may suffer as a result
of that action.
ARTICLE 20
Application for planning
permission for development already undertaken
(1) This Article applies
where development has been undertaken -
(a) without planning
permission; or
(b) without complying with
a condition subject to which planning permission was granted.
(2) Where this Article
applies a person may apply to the Committee for planning permission or for an
amendment to the permission already granted.
(3) The Committee may grant
the planning permission sought or amend the planning permission already
granted, otherwise it shall refuse the application.
(4) Planning permission granted
or amended in accordance with paragraph (3) shall have effect from the date the
development was undertaken.
(5) Action taken by the
Committee under this Article does not give any person the right to claim
compensation in respect of any loss or damage the person may suffer as a result
of that action.
ARTICLE 21
Committee may vary, etc. conditions subject to which
planning permission was granted
(1) This Article applies
where a person would like a condition of planning permission removed or varied.
(2) Where this Article
applies a person may apply to the Committee for the permission to be amended
accordingly.
(3) On an application under
paragraph (2) the Committee shall only consider the question of the conditions
to which the planning permission should be subject.
(4) If it decides that the
condition should be varied or removed it shall amend the permission
accordingly, otherwise it shall refuse the application.
(5) Action taken by the
Committee under this Article does not give any person the right to claim
compensation in respect of any loss or damage the person may suffer as a result
of that action.
ARTICLE 22
Committee to give reasons
for certain decisions
(1) This Article applies
where the Committee decides -
(a) to refuse to grant
planning permission;
(b) to grant planning
permission in circumstances in respect of which a right of appeal would lie
under Article 114 in respect of that decision;
(c) to grant planning
permission subject to conditions (other than by virtue of a Development Order);
or
(d) to grant planning
permission for development that is inconsistent with the Island Plan.
(2) Where this Article
applies the Committee shall explain the reasons for its decision.
ARTICLE 23
Conditions attached to the
grant of planning permission
(1) A condition the
Committee attaches to the grant of planning permission (including permission
given by a Development Order) shall fairly and reasonably relate to the
proposed development.
(2) In respect of the land
to be developed a condition may, in particular, relate to -
(a) the number or
disposition of buildings on the land;
(b) the manner in which the
land shall be laid out for the purpose of the development;
(c) the use of the land;
(d) the occupation and use
of any building on the land in so far as it serves a planning purpose,
including, in particular, the use of any building for a purpose referred to in
Article 4(4) (affordable residential accommodation);
(e) the undertaking, at the
applicant’s cost, of archaeological or other investigations on the land;
(f) the preservation
and planting of vegetation on the land;
(g) the salvaging of
materials from the land;
(h) the removal from the
land and disposal of spoils arising from the development;
(i) the restoration
of the land and of any vegetation on it after the development has been carried
out.
(3) A condition may also
relate to -
(a) the dimensions, design,
structure or external appearance of a building on the land, or the materials to
be used in its construction;
(b) the period within which
the development shall be begun;
(c) in respect of the grant
of planning permission in outline only, the period within which an application
must be made to the Committee for its approval in respect of any reserved
matter.
(4) The Committee may
impose a condition on the grant of planning permission -
(a) to regulate the
development or use of land under the control of the developer (whether or not
it is land on which the development is to be undertaken); or
(b) to require work to be
undertaken on any such land,
in so far as it appears to the Committee to be expedient for the
purpose of or in connection with the development authorized by the permission.
(5) Action taken by the
Committee under this Article does not give any person the right to claim
compensation in respect of any loss or damage the person may suffer as a result
of that action.
(6) If the Committee grants
planning permission that permits the erecting of a building, the permission may
specify the purpose for which the building may be used but if no purpose is
specified the permission shall be construed as including permission to use the
building for the purpose for which it is designed.
ARTICLE 24
Planning permission
attaches to land
(1) The grant of planning
permission enures (except insofar as the permission otherwise provides) for the
benefit of the land to which it relates and of each person for the time being
having an estate or interest in that land.
(2) A condition attached by
the Committee to the grant of planning permission binds and is enforceable by
the Committee against a person for the time being having an estate or interest
in the land subject to the condition.
ARTICLE 25
Planning obligations
(1) The owner of an
interest in land may by agreement with the Committee 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 planning permission 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
Committee 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
Committee 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
Committee may -
(a) enter the land and
undertake the operation; and
(b) recover the expenses
reasonably incurred by the Committee in so doing as a debt due to the Committee
from the person or persons against whom the obligation is enforceable.
(11) The Committee shall give not less
than 28 days’ notice to the person against whom the planning obligation
is enforceable before exercising its powers under paragraph (10)(a).
(12) A planning obligation may be
modified or discharged by agreement between the Committee and the person or
persons against whom the obligation is enforceable.
(13) The Committee shall maintain a
register called the Register of Planning Obligations containing details of each
planning obligation.
(14) The Committee 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 Committee 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 Committee shall apply to the Royal
Court for an order that the agreement be
registered in the Public Registry of Contracts.
ARTICLE 26
Committee may terminate
planning permission by reference to time limit
(1) This Article applies
where -
(a) planning permission has
been granted subject to a condition that the development to which the
permission relates shall be begun before the expiration of a specified period;
and
(b) the development was
begun within that period but the period has elapsed without the development
having been completed.
(2) If the Committee is of
the opinion that the development will not be completed it may serve a notice
stating that the planning permission shall cease to have effect at the
expiration of a further period specified in the notice.
(3) The period specified
shall not be less than 12 months after the date when the notice is served.
(4) The notice shall be
served on -
(a) the owner of the land;
(b) the occupier of the
land (if different); and
(c) any other person who in
the opinion of the Committee will be affected by the notice.
(5) The Committee may
withdraw the notice at any time before the end of the period specified in it.
(6) If the Committee does
so it shall immediately serve notice of the withdrawal on each person who was
served with the notice in accordance with paragraph (4).
(7) The planning permission
referred to in the notice shall become invalid at the expiration of the period
specified in the notice except to the extent that it relates to development
undertaken under the permission before the expiration of that period.
(8) Action taken by the
Committee under this Article does not give any person the right to claim
compensation in respect of any loss or damage the person may suffer as a result
of that action.
ARTICLE 27
Revocation and modification of planning permission
(1) The Committee may revoke
or modify planning permission to undertake a building or other operation on
land at any time before the building or operation has been completed.
(2) The Committee may
revoke or modify planning permission to change the use of land at any time before
the change of use has been completed.
(3) The Committee shall
serve notice of any revocation or modification of planning permission in
respect of land on the owner of the land and (if different) the occupier of the
land.
(4) The revocation or
modification of planning permission shall not affect that permission insofar as
it relates to development undertaken under it before the revocation or
modification.
(5) If the Committee
revokes or modifies planning permission it shall pay compensation to a person
to whom paragraph (6) applies.
(6) Compensation is payable
to a person with an interest in the land who -
(a) has incurred
expenditure in undertaking work that is rendered abortive by the revocation or
modification; or
(b) has otherwise sustained
loss or damage that is directly attributable to the revocation or modification.
(7) The amount of
compensation shall be an agreed amount or, failing agreement, an amount
determined by arbitration.
(8) Except as provided by
paragraph (9), compensation is not payable in respect of -
(a) work undertaken before
the grant of the planning permission; or
(b) loss or damage arising
out of anything done or omitted to be done before the grant of that permission.
(9) Expenditure incurred to
prepare plans for the purposes of the work referred to in paragraph (6) or on
other similar work preparatory to the development shall be taken to be included
in the expenditure incurred in undertaking the work referred to in that
paragraph.
(10) Except as provided by paragraph
(5), action taken by the Committee under this Article does not give any other
person the right to claim compensation in respect of any loss or damage the
person may suffer as a result of that action.
ARTICLE 28
Committee may provide certificate of completion
(1) The Committee may issue
a certificate stating that a development of land specified in the certificate
has been undertaken with and in accordance with planning permission granted by
the Committee.
(2) The certificate shall
be conclusive evidence that the development of land specified in it was
undertaken with and in accordance with planning permission granted by the
Committee.
(3) An application for a
certificate may be made by any person on payment of any prescribed fee.
ARTICLE 29
Committee to keep register
of applications for planning permission
(1) The Committee shall
maintain a register, called the Register of Planning Applications, containing
details of each application for planning permission it receives and the manner
in which it was dealt with.
(2) The Committee shall
make the register available for public inspection at all reasonable hours.
PART 4
BUILDING
CONTROLS
Chapter 1 - Building Bye-laws
ARTICLE 30
Committee to make Building Bye-laws
(1) The Committee shall
make Building Bye-laws.
(2) In preparing the
Building Bye-laws or a revision of them the Committee shall publicize its
proposals and seek comments and input from the public.
(3) The Committee shall by
Order prescribe -
(a) the manner in which its
proposals in respect of the Building Bye-laws shall be publicized;
(b) the manner in which the
Committee shall seek representations in respect of those proposals and the
manner in which it shall consider them; and
(c) the manner in which
representations may be made by members of the public in respect of the
Committee’s proposals.
ARTICLE 31
Purposes of Building Bye-laws
(1) Building Bye-laws shall
prescribe procedures and the functional requirements of buildings necessary to
achieve the results set out in paragraph (2).
(2) Those results are -
(a) to secure the health,
safety and welfare of people in or about buildings;
(b) to secure access to
buildings and the convenient use of buildings by people with disabilities;
(c) to prevent the waste,
undue consumption or misuse of fuel and energy in or about buildings;
(d) to prevent the waste,
undue consumption, misuse and contamination of water in or about buildings;
(e) to secure the safe and
efficient use of public services provided to buildings;
(f) to promote
sustainable development generally.
(3) The Building Bye-laws
shall prescribe procedures and requirements for the construction, alteration,
demolition or removal of buildings necessary -
(a) to secure the health,
safety and welfare of people; and
(b) to minimise the
disturbance of and nuisance to people,
in or about buildings during their construction, alteration,
demolition or removal.
(4) The Schedule shall
apply in respect of Building Bye-laws.
ARTICLE 32
Committee may publish
technical guidance documents in respect of Building Bye-laws
(1) The Committee may
publish a technical guidance document on any requirement of the Building
Bye-laws.
(2) The document may be
prepared by the Committee or may be a document prepared by another person that
has the approval of the Committee.
(3) If it is a document
prepared by another person it may be published with amendments and additions
made by the Committee.
(4) Before publication the
Committee may consult any person with an interest or concern in respect of the
relevant requirement of the Building Bye-laws.
(5) Proof that a person has
failed to comply with a technical guidance document published in respect of a
requirement of the Building Bye-laws is not proof that the person has failed to
comply with that requirement.
(6) However in proceedings
where it is alleged that a person has failed to comply with a requirement of
the Building Bye-laws -
(a) proof of a failure to
comply with a technical guidance document published by the Committee in respect
of the requirement may be relied upon as tending to establish non-compliance
with that requirement; and
(b) proof of compliance
with the document may be relied upon as tending to establish compliance with
the requirement.
Chapter 2 - Enforcement of the Building Bye-laws
ARTICLE 33
Prescribed building work not to be undertaken without
building permission
(1) A person who undertakes
prescribed building work except with, and in accordance with, permission to do
so granted by the Committee in accordance with the Building Bye-laws shall be
guilty of an offence and liable to a fine or imprisonment, or both.
(2) A person shall be
guilty of an offence under paragraph (1) if when undertaking prescribed
building work the person contravenes -
(a) a condition subject to
which building permission to undertake that building work was granted; or
(b) an applicable provision
of the Building Bye-laws.
(3) In determining the
amount of any fine to be imposed on a person convicted of an offence under this
Article, the court shall in particular have regard to any financial benefit
which has accrued or appears likely to accrue or could have accrued to the
person in consequence of the offence.
(4) A person may be
convicted of an offence under this Article despite the fact that -
(a) an enforcement notice
or condition notice has been served by the Committee in respect of the breach
of development controls; and
(b) every step required by
the notice to be taken has been taken.
ARTICLE 34
Applications for building permission
(1) A person who requires
building permission must apply to the Committee for it.
(2) The application shall -
(a) be in the form required
by the Committee;
(b) contain or be
accompanied by particulars the Committee reasonably requires to determine the
application; and
(c) be accompanied by the
prescribed fee.
(3) The Committee may
require the applicant to provide it with any necessary further details before
making a decision in respect of the application.
(4) If the applicant fails
to provide those details within a reasonable time the Committee may refuse the
application.
(5) If it does so the
Committee is under no obligation to refund the prescribed fee.
ARTICLE 35
Grant of building
permission
(1) The Committee in
determining an application for building permission shall take into account the
provisions of the Building Bye-laws.
(2) The Committee may grant
building permission that is inconsistent with the Building Bye-laws if it is
satisfied that there is sufficient justification for doing so.
(3) The Committee may grant
building permission unconditionally or subject to conditions.
(4) It may also refuse to
grant building permission.
(5) Action taken by the
Committee under this Article does not give any person the right to claim
compensation in respect of any loss or damage the person may suffer as a result
of that action.
ARTICLE 36
Committee to give reasons
for refusal to grant building permission
If
the Committee refuses to grant building permission it shall explain its reason
for doing so.
ARTICLE 37
Conditions attached to the
grant of building permission
(1) A condition the
Committee attaches to the grant of building permission shall fairly and
reasonably relate to the proposed prescribed building work.
(2) A condition may, in
particular, relate to -
(a) the manner in which the
building work is to be undertaken;
(b) the material,
equipment, fittings and accessories to be used in undertaking the building
work; and
(c) any requirement of the
Building Bye-laws applicable to the building work.
ARTICLE 38
Committee to keep register of applications for
building permission
(1) The Committee shall
maintain a register, called the Register of Building Applications, containing
details of each application it receives for building permission and the
decision made in respect of it.
(2) The Committee shall
make the register available for public inspection at all reasonable hours.
PART 5
ENFORCEMENT OF DEVELOPMENT CONTROLS
ARTICLE 39
Interpretation - breach of
development controls
(1) For the purposes of
this Part there has been a breach of development controls if there has been -
(a) a breach of planning
controls; or
(b) a breach of building
controls.
(2) There has been a breach
of planning controls if -
(a) land has been developed
without planning permission; or
(b) land has been developed
with planning permission but there has been a contravention of a condition of
that permission.
(3) Land is to be taken to have
been developed without planning permission if it is developed otherwise than in
accordance with plans of the development approved for the purpose of granting
planning permission for the development.
(4) There has been a breach
of building controls if -
(a) prescribed building
work has been undertaken without building permission; or
(b) prescribed building
work has been undertaken with building permission but there has been a
contravention of a condition of that permission or any applicable provision of
the Building Bye-laws.
(5) Prescribed building
work is to be taken to have been undertaken without building permission if it
is undertaken otherwise than in accordance with plans approved for the purpose
of granting the building permission.
ARTICLE 40
Committee may serve an enforcement notice in respect
of breach of development controls
(1) This Article applies
where it appears to the Committee that there has been a breach of development
controls and that it is expedient that action should be taken to remedy the
breach.
(2) Where this Article
applies the Committee may serve an enforcement notice on -
(a) the owner of the land;
(b) the occupier of the
land (if different); and
(c) any other person who
appears to the Committee to be causing or responsible for the breach.
(3) The notice shall
specify -
(a) the matter that appears
to the Committee to constitute the breach of development control;
(b) the steps the Committee
requires to be taken or the activity the Committee requires to cease to remedy
the breach or to make good any injury to amenity caused by the breach; and
(c) the period within which
those steps are required to have been taken or that activity is required to
have ceased.
(4) Where there has been a
breach of development controls action taken by the Committee under this Article
in respect of that breach does not give any person the right to claim
compensation in respect of any loss or damage the person may suffer as a result
of that action.
ARTICLE 41
Enforcement notice may require replacement building
(1) This Article applies to
an enforcement notice served in respect of a breach of development control
consisting of the demolition or removal of the whole or any part of a building.
(2) Where this Article applies
the notice may require the construction of a building or part of a building
that is as similar as possible to the demolished building or that part of the
building.
(3) A building or part of a
building built in compliance with the notice -
(a) shall be built in
compliance with any requirement imposed by or under this or any other enactment
applicable to the construction and functional requirements of buildings; and
(b) may differ from the
demolished building or the part of the building demolished in any respect
which, if the demolished building or that part of the building had been altered
in that respect, would not have required the Committee’s permission on an
application made to it in accordance with Article 9.
(4) Any necessary planning
or building permission shall be taken to have been granted to undertake work in
compliance with the notice.
ARTICLE 42
Committee may vary or
withdraw an enforcement notice
(1) The Committee may
withdraw an enforcement notice or waive or relax a requirement of an
enforcement notice.
(2) In particular the
Committee may extend the period specified in the notice as the period within
which specified steps are required to have been taken or an activity is
required to have ceased.
(3) If the Committee
exercises a power under paragraph (2) it shall immediately serve notice on each
person who was served with the enforcement notice.
(4) The withdrawal of an
enforcement notice shall not affect the power of the Committee to serve another
one.
ARTICLE 43
Committee may execute work
required by an enforcement notice
(1) If a step required by
an enforcement notice to be taken has not been taken by the end of the period
for compliance specified in the notice the Committee may enter the land and
take that step.
(2) The Committee may
recover the expenses reasonably incurred by the Committee in doing so as a debt
due to the Committee from the person who is then the owner of the land.
ARTICLE 44
Offence when enforcement notice is not complied with
(1) The owner of land to
which an enforcement notice relates who -
(a) fails to take a step
within the period specified in the notice to take that step; or
(b) carries on an activity
after the period specified in the notice to cease the activity,
shall be guilty of an offence and liable to a fine.
(2) It shall be a defence
to show that all reasonable measures were taken to secure compliance with the
notice.
(3) A person -
(a) who has control of or
an interest in the land to which an enforcement notice relates (being a person
other than the owner of the land); and
(b) who carries on on that
land an activity that is required by the notice to cease at any time after the
period specified in the notice for compliance with the notice,
shall be guilty of an offence and liable to a fine.
(4) A person upon whom an
enforcement notice has been served as a person appearing to the Committee to be
the person causing or having responsibility for the breach of development
controls who, at any time after the period specified in the notice for
compliance with the notice, carries on an activity that is required by the
notice to cease shall be guilty of an offence and liable to a fine.
(5) An offence under
paragraph (1), (3) or (4) may be charged by reference to a day or any longer
period of time and a person may be convicted of a second offence or subsequent
offences under paragraph (1), (3) or (4) by reference to any period of time
following the preceding conviction for such an offence.
(6) If -
(a) a person charged with
an offence under this Article has not been served with a copy of the
enforcement notice; and
(b) the notice is not
contained in the Register of Development Notices,
it shall be a defence to show that the person was unaware of the
existence of the notice.
(7) In determining the
amount of any fine to be imposed on a person convicted of an offence under this
Article, the court shall in particular have regard to any financial benefit
that has accrued or appears likely to accrue or could have accrued to the
person in consequence of the offence.
ARTICLE 45
Stop notices
(1) This Article applies
where it appears to the Committee that there has been a breach of development
controls and that it is expedient that an activity constituting or forming part
of that breach should cease -
(a) before an enforcement
notice can be prepared and served; or
(b) before the expiry of
the period for compliance with an enforcement notice already served in respect
of the breach of development controls.
(2) Where this Article
applies the Committee may serve a notice requiring the activity specified in
the notice to cease immediately.
(3) A stop notice may be
served by the Committee on any person who appears to the Committee -
(a) to be the owner or
occupier of the land on which the activity is being carried on; or
(b) to be engaged in the
activity.
(4) The Committee may at
any time withdraw a stop notice by notice to that effect served on each person
served with the stop notice.
(5) The withdrawal of a stop
notice does not prejudice the Committee’s power to serve another one.
(6) If a stop notice is not
sooner withdrawn it ceases to have effect 7 days after its service if -
(a) at the time of its
service an enforcement notice had not been served in respect of the breach of
development controls; and
(b) an enforcement notice
is not served within those 7 days.
(7) A stop notice also
ceases to have effect if at the time that it was served an enforcement notice
had already been served in respect of the breach of development controls and it
is withdrawn or the period for compliance specified in it expires.
(8) A stop notice also
ceases to have effect if within 7 days after its service an enforcement notice
is served in respect of the breach of development controls and it is withdrawn
or the period for compliance specified in it expires.
(9) The Committee shall
display on land affected by a stop notice a notice stating that a stop notice
has been served in respect of the land and that a person contravening it may be
prosecuted.
(10) The notice shall specify the date
when the stop notice took effect and indicate its requirements.
(11) A person who removes or defaces a
site notice without lawful authority shall be guilty of an offence and liable
to a fine not exceeding level 2 on the standard scale.
(12) Where there has been a breach of
development controls action taken by the Committee under this Article in
respect of that breach does not give any person the right to claim compensation
in respect of any loss or damage the person may suffer as a result of that
action.
ARTICLE 46
Penalty for contravention of stop notice
(1) A person who fails to
comply with a stop notice after -
(a) the notice has been
served on the person; or
(b) a site notice has been
displayed,
shall be guilty of an offence and liable to a fine or imprisonment,
or both.
(2) An offence under
paragraph (1) may be charged by reference to a day or any longer period of time
and a person may be convicted of a second offence or subsequent offences under
paragraph (1) by reference to any period of time following the preceding
conviction for such an offence.
(3) In determining the
amount of any fine to be imposed on a person convicted of an offence under
paragraph (1), the court shall in particular have regard to any financial
benefit which has accrued or appears likely to accrue or could have accrued to
the person in consequence of the offence.
(4) It shall be a defence
for a person accused of an offence under this Article to prove -
(a) that the stop notice
was not served on the person; and
(b) that the person did not
know and could not reasonably have been expected to know of its existence.
ARTICLE 47
Enforcement of development
conditions
(1) This Article applies where
the Committee is of the opinion that a condition subject to which it granted
planning or building permission is not being or has not been complied with.
(2) Where this Article
applies the Committee may serve a notice on -
(a) a person who is undertaking
or who undertook the development; or
(b) a person having control
of the land to which the permission relates,
requiring the person to secure compliance with the condition.
(3) The notice shall
specify -
(a) the condition to be
complied with; and
(b) the steps which the
Committee requires to be taken or the activities the Committee requires to
cease, to secure compliance with the condition.
(4) The notice shall also
specify the period allowed for compliance with the notice.
(5) The Committee may
withdraw a condition notice served on a person by notice served on that person.
(6) The withdrawal of a
condition notice shall not affect the power of the Committee to serve another
one in respect of either the condition specified in the earlier notice or any
other condition.
(7) A person who fails to
comply with the requirements of a condition notice served on the person shall
be guilty of an offence and liable to a fine not exceeding level 3 on the
standard scale.
(8) An offence under paragraph
(7) may be charged by reference to a day or any longer period of time and a
person may be convicted of a second offence or subsequent offences under
paragraph (7) by reference to any period of time following the preceding
conviction for such an offence.
(9) It shall be a defence
for a person charged with an offence under paragraph (7) to prove -
(a) that the person took
all reasonable measures to secure compliance with the requirements of the
condition notice; or
(b) if the notice was
served on the person by virtue of paragraph (2)(b), that the person no longer
has control of the land.
ARTICLE 48
Injunctions restraining
breaches of development controls
(1) The Committee may apply
to the Royal Court
for an injunction if it considers it necessary or expedient for an actual or
apprehended breach of development controls to be restrained by injunction.
(2) Paragraph (1) has
effect whether or not the Committee has exercised or is proposing to exercise
any of its other powers under this Part.
(3) The Royal Court may grant any injunction it
considers appropriate to restrain the breach.
ARTICLE 49
Committee to maintain
Register of Development Notices
(1) The Committee shall
maintain a register, called the Register of Development Notices, containing
details of each -
(a) enforcement notice;
(b) stop notice; and
(c) condition notice,
it serves.
(2) The Committee shall
make the register available for inspection by the public at all reasonable
hours.
PART 6
ADDITIONAL CONTROLS
Chapter 1 - Sites of
special interest
ARTICLE 50
Interpretation - sites of
special interest
In
this Chapter -
“List
of Sites of Special Interest” or “List” means the List
maintained by the Committee in accordance with Article 51(1);
“site
of special interest” means a building or place included in the List of
Sites of Special Interest;
“special
interest”, in respect of a site of special interest, means the special
characteristics of the site that justified its inclusion on the List of Sites of
Special Interest.
ARTICLE 51
Committee to maintain a
List of Sites of Special Interest
(1) The Committee shall
maintain a list, called the List of Sites of Special Interest.
(2) The Committee shall
include on the List each building or place that the Committee is satisfied has
public importance by reason of -
(a) its special zoological,
ecological, botanical or geological interest; or
(b) the special
archaeological, architectural, artistic, historical, scientific or traditional
interest that attaches to the building or place.
(3) On the List the
Committee shall, in respect of each site of special interest -
(a) specify the
site’s special interest;
(b) describe the site
either in words or by reference to a plan, or both, with sufficient particularity
to enable it to be easily identified;
(c) if the site relates to
the habitat of a wild creature or a plant, specify the type of habitat; and
(d) specify any activity
referred to in Article 55(1) which may be undertaken on the site without the
Committee’s permission.
(4) The Committee shall
make the List available for inspection by the public at all reasonable hours.
(5) The Committee shall
remove a building or place from the List if it is satisfied that its special
interest has ceased to exist.
(6) At least 28 days before
doing so the Committee shall serve a notice of its intention to do so.
(7) The notice shall be
served -
(a) on the owner of the
building; or
(b) by displaying it in a
conspicuous place in or near the building or place.
ARTICLE 52
Listing of building or
place on the List of Sites of Special Interest
(1) Except as provided by
Article 53, the Committee shall not include a building or place on the List of
Sites of Special Interest unless at least 28 days previously it has served a
notice of its intention to do so.
(2) The notice shall be
served -
(a) on the owner of the
building or place; or
(b) by displaying it in a
conspicuous place on or near the building or place.
(3) A person with an
interest in the building or place referred to in the notice may make written
representations to the Committee in respect of the proposed inclusion of the
building or place on the List of Sites of Special Interest.
(4) In determining whether
to include a building or place on the List the Committee -
(a) shall take into account
any representations made under paragraph (3) to the extent that they relate to
the special interest of the proposed site of special interest; and
(b) where the building or
place falls within the area of responsibility or concern of a Committee or a
body or person created by statute, shall consult that Committee, body or person
and shall take into account any representations made;
(c) may consult any person
it considers has a special knowledge of or interest in the building or place.
(5) The Committee shall
serve notice of its decision on whether to include a building or place on the
List on the owner and (if different) any occupier of the building or place as
soon practicable after it has made the decision.
(6) A person who removes or
defaces a notice referred to in paragraph (2)(b) without lawful authority shall
be guilty of an offence and liable to a fine not exceeding level 2 on the
standard scale.
ARTICLE 53
Provisional listing
(1) This Article applies
where the Committee considers it necessary or expedient to restrain an actual
or apprehended -
(a) operation in, on, over
or under a building or place it believes is suitable to be added to the List of
Sites of Special Interest; or
(b) change (either
permanent or temporary) in the use of such a building or place,
which, whether or not it amounts to development, the Committee is
satisfied would adversely affect the special interest of the building or place
were it a site of special interest.
(2) Where this Article
applies the Committee may serve a notice declaring the building or place to
have been provisionally included in the List of Sites of Special Interest.
(3) The notice shall be
served -
(a) on the owner of the building
or place; or
(b) by displaying it in a
conspicuous place on or near the building or place.
(4) On service of the
notice the Committee shall enter details of the building or place on the List
of Sites of Special Interest.
(5) The Committee shall
remove details of the building or place from the List 3 months after the
service of the notice unless by then the Committee has determined in accordance
with Article 52 that the building or place should remain on the List.
(6) The Committee shall
also remove details of the building or place from the List if it serves a
notice, in accordance with Article 52(5), of its decision not to include
the building or place on the List.
(7) A person who removes or
defaces a notice referred to in paragraph (3)(b) without lawful authority shall
be guilty of an offence and liable to a fine not exceeding level 2 on the
standard scale.
ARTICLE 54
Control of certain
operations, etc. not amounting to development
(1) This Article applies to
-
(a) an operation in, on,
over or under a site of special interest; or
(b) a change (either
permanent or temporary) in the use of a site of special interest,
which, while not amounting to development, adversely affects the
special interest of the site.
(2) A person who -
(a) undertakes an operation
or makes a change of use to which this Article applies without the
Committee’s permission; or
(b) when undertaking the
operation or making the change contravenes any condition subject to which
permission to do so was granted,
shall be guilty of an offence and liable to a fine or imprisonment,
or both.
(3) In determining the
amount of any fine to be imposed on a person convicted of an offence under
paragraph (2), the court shall in particular have regard to any financial benefit
which has accrued or appears likely to accrue or could have accrued to the
person in consequence of the offence.
(4) The provisions of
Part 5 (development controls) and of Part 7 (appeals) apply in
respect of an operation or change of use to which this Article applies as if -
(a) that operation or
change of use amounted to development; and
(b) the undertaking of the
operation or the change of use except with and in accordance with planning
permission were a breach of development controls.
(5) A person may be
convicted of an offence under paragraph (2) despite the fact that -
(a) by virtue of paragraph
(4), an enforcement notice or condition notice has been issued by the Committee
in respect of the undertaking of the operation or change of use; and
(b) every step required by
the notice to be taken has been taken.
(6) A condition the
Committee may attach to the grant of permission to undertake an operation or
make a change of use to which this Article applies shall fairly and reasonably
relate to the protection of the special interest of the site.
(7) If the person convicted
of an offence under paragraph (2) is the owner of the site of special interest
the Committee may serve on that person a notice requiring the person to make
good, within the period for compliance specified in the notice, any injury
caused to the site as a result of the action taken that constituted the
offence.
(8) A person who fails to
comply with the notice shall be guilty of an offence and liable to a fine not
exceeding level 3 on the standard scale.
(9) If -
(a) the person convicted of
the offence under paragraph (2) is not the owner of the site of special
interest; or
(b) the owner of the site
fails to comply with a notice served in accordance with paragraph (7),
the Committee may enter on the site and undertake the work necessary
to make good the injury caused to the site as a result of the action taken that
constituted the offence.
(10) The Committee may recover from the
person convicted of the offence under paragraph (2) or the owner, as the case
may be, the expenses reasonably incurred in undertaking the work referred in
paragraph (9).
(11) Despite the fact that -
(a) the Committee has made
good injury to a site of special interest in accordance with paragraph (9); and
(b) the cost of undertaking
that work has been recovered by the Committee,
the owner of the site may still be convicted of an offence under
paragraph (8).
ARTICLE 55
Certain activities restricted on sites of special
interest
(1) This Article applies to
the carrying on on a site of special interest of any of the following
activities -
(a) to use or operate a
device designed or adapted to detect or locate metal or minerals in the ground;
(b) to carry on an activity
which might injure or deface the site or a part of the site; or
(c) where the special
interest in respect of the site of special interest is a zoological,
ecological, botanical or geological interest, to carry on any of the activities
specified in paragraph (2).
(2) Those activities are -
(a) to disturb, ill-treat
or injure, or kill or attempt to kill, or take a wild creature;
(b) to pick, uproot, damage
or destroy a plant;
(c) to insert a probe into
the surface of the site;
(d) to dig a hole or make
an excavation;
(e) to remove sand, stone,
gravel, earth or rock; or
(f) to tip earth,
rock or waste material.
(3) A person may undertake
an activity to which this Article applies -
(a) with the
Committee’s permission; or
(b) if the activity is
specified as a permitted activity in the entry on the List of Sites of Special
Interests relating to the site.
(4) A person who -
(a) carries on an activity
to which this Article applies without the permission referred to in paragraph
(3); or
(b) when carrying on the
activity with that permission contravenes any condition subject to which the
permission was granted,
shall be guilty of an offence and liable to a fine or imprisonment,
or both.
(5) An application to carry
on an activity to which this Article applies shall -
(a) be in a form required
by the Committee;
(b) contain or be
accompanied by particulars the Committee reasonably requires to determine the
application; and
(c) be accompanied by any
prescribed fee.
(6) The conditions the
Committee may attach to the grant of permission shall fairly and reasonably
relate to the protection of the special interest of the site.
(7) The Committee may give
permission for the purpose of paragraph (3)(a) by means of a notice displayed
on or near to the site of special interest.
(8) A person who removes or
defaces a notice displayed in accordance with paragraph (7) without lawful
authority shall be guilty of an offence and liable to a fine not exceeding
level 2 on the standard scale.
(9) If the person convicted
of an offence under paragraph (4) is the owner of the site of special interest
the Committee may serve on that person a notice requiring the person to make
good, within the period for compliance specified in the notice, any injury
caused to the site as a result of the action taken that constituted the
offence.
(10) A person who fails to comply with
the notice shall be guilty of an offence and liable to a fine not exceeding
level 4 on the standard scale.9
(11) If -
(a) the person convicted of
the offence under paragraph (4) is not the owner of the site of special
interest; or
(b) the owner of the site
fails to comply with a notice served in accordance with paragraph (9),
the Committee may enter on the site and undertake the work necessary
to make good the injury caused to the site as a result of the action taken that
constituted the offence.
(12) The Committee may recover from the
person convicted of the offence under paragraph (4) or the owner, as the case
may be, the expenses reasonably incurred in undertaking the work referred in
paragraph (11).
(13) Despite the fact that -
(a) the Committee has made
good injury to a site of special interest in accordance with paragraph (11);
and
(b) the cost of undertaking
that work has been recovered by the Committee,
the owner of the site may still be convicted of an offence under
paragraph (10).
ARTICLE 56
Committee may make funds
available in respect of sites of special interest, etc.
(1) The Committee may by
way of grant or loan make funds available to the owner or occupier of a site of
special interest or any other site or building the Committee is satisfied it is
in the public interest to preserve towards any cost necessary to protect,
repair or restore the site or building.
(2) The Committee may make
funds available on such terms as the Committee determines.
Chapter 2 - Protection of
trees
ARTICLE 57
Interpretation - protected
trees
In
this Chapter -
“List
of Protected Trees” or “List” means the List maintained by
the Committee in accordance with Article 58(1);
“protected
tree” means a tree included on the List of Protected Trees;
“tree”
includes -
(a) a single tree of
whatever age, genus, species, cultivar or variety;
(b) a group of trees;
(c) a shrub;
(d) a bush;
(e) a hedge.
ARTICLE 58
Committee to protect trees
by maintaining a List of Protected Trees
(1) The Committee shall
maintain a list, called the List of Protected Trees.
(2) The Committee shall
include on the List trees which the Committee is satisfied, in the interests of
the amenity of the Island, should not be cut
down, lopped or otherwise altered, harmed or interfered with without the
Committee’s permission.
(3) The List shall, in
relation to each tree (or group of trees or hedge) contain -
(a) details of the tree;
and
(b) a description, either
in words or by reference to a plan, or both, of its position sufficient to
identify it.
(4) The Committee shall
make the List available for inspection by the public at all reasonable hours.
(5) The Committee shall
remove a tree from the List if the tree ceases to exist or the Committee is
satisfied that it is no longer in the interests of the amenity of the Island that it should be protected.
(6) At least 28 days before
doing so the Committee shall serve a notice of its intention to do so.
(7) The notice shall be
served -
(a) on the owner of the
land on which the tree is or was growing; or
(b) by displaying it in a conspicuous
place on or near the tree or place where the tree is or was growing.
ARTICLE 59
Listing of tree on the
List of Protected Trees
(1) Except as provided by
Article 60, the Committee shall not include a tree on the List of Protected
Trees unless at least 28 days previously it has served a notice of its
intention to do so.
(2) The notice shall be
served -
(a) on the owner of the
land on which the tree is growing; or
(b) by displaying it in a
conspicuous place on or near the tree.
(3) Any person may make
written representations to the Committee in respect of the proposed inclusion
of the tree on the List.
(4) When considering
whether to include the tree on the List the Committee -
(a) shall take into account
any representations made under paragraph (3) in so far as they relate
specifically to the proposed inclusion of the tree on the List; and
(b) may consult any person
it considers has expert relevant knowledge.
(5) The Committee shall
serve notice of its decision on whether to include a tree on the List on the
owner and (if different) any occupier of the land on which the tree is growing
as soon as practicable after it has made the decision.
(6) A person who removes or
defaces a notice referred to in paragraph (2)(b) without lawful authority shall
be guilty of an offence and liable to a fine not exceeding level 2 on the
standard scale.
ARTICLE 60
Provisional listing of
trees
(1) This Article applies
where the Committee considers it necessary or expedient to restrain an apprehended
removal or damage to a tree which the Committee believes should be on the List
of Protected Trees.
(2) Where this Article
applies the Committee may serve a notice declaring the tree to have been
provisionally included in the List of Protected Trees.
(3) The notice shall be
served -
(a) on the owner of land on
which the tree is growing; or
(b) by displaying it in a
conspicuous place on or near the tree.
(4) On service of the
notice the Committee shall enter details of the tree on the List of Protected
Trees.
(5) The Committee shall
remove details of the tree from the List 3 months after the service of the
notice unless by then the Committee has determined in accordance with Article
59 that the tree should remain on the List.
(6) The Committee shall
also remove details of the tree from the list if it serves a notice, in
accordance with Article 59(5), of its decision not to include the tree on
the List.
(7) A person who removes or
defaces a notice referred to in paragraph (3)(b) without lawful authority shall
be guilty of an offence and liable to a fine not exceeding level 2 on the
standard scale.
ARTICLE 61
Protected tree not to be
felled, etc. without permission
(1) A person who -
(a) cuts down, tops, lops,
uproots, wilfully damages or wilfully destroys or otherwise alters, harms or
interferes with a protected tree without the Committee’s permission; or
(b) when undertaking any of
those activities with the Committee’s permission contravenes any
condition subject to which that permission was granted,
shall be guilty of an offence and liable to a fine or imprisonment,
or both.
(2) If a person convicted
of an offence under paragraph (1) is the owner of the land on which the tree is
or was growing the court that convicts the person may, in addition to any other
penalty it imposes, order the person to plant a suitable tree in a specified
place on that land.
(3) A condition the
Committee may attach to the grant of permission for the purpose of paragraph
(1)(b) shall fairly and reasonably relate to the protection of the tree and to
the safety of the public.
(4) However it may be made
a condition of the permission that a tree or replacement tree of a species
specified by the Committee shall be planted in a specified place during a
specified period.
(5) In determining the
amount of any fine to be imposed on a person convicted of an offence under
paragraph (1), the court shall in particular have regard to any financial
benefit which has accrued or appears likely to accrue or could have accrued to
the person in consequence of the offence.
(6) An offence under
paragraph (1) may be charged by reference to a day or any longer period of time
and a person may be convicted of a second offence or subsequent offences under
paragraph (1) by reference to any period of time following the preceding
conviction for such an offence.
(7) It shall be a defence
for a person charged with an offence under paragraph (1) to prove -
(a) that the tree was dead
or dying; or
(b) that the tree had become
dangerous.
ARTICLE 62
Committee to provide for
the planting and preservation of trees where appropriate
(1) The Committee shall,
when granting planning permission to develop land ensure, whenever appropriate,
that adequate provision is made for the preservation and planting of trees by
the imposition of a condition.
(2) Also when granting
planning permission the Committee shall provide for the listing in accordance
with Article 59 of any tree as appears to the Committee to be necessary in
connection with the grant of the permission, whether to give effect to the
condition referred to in paragraph (1) or otherwise.
ARTICLE 63
Committee may plant trees, etc.
(1) The Committee may plant
trees and undertake work or do other things it considers necessary to preserve
or enhance the amenity of land or to restore or improve the appearance of land
it considers to be unsightly.
(2) It shall not do so
without the consent of the owner and (if different) the occupier of the land.
(3) The Committee may enter
into an agreement for the work to be undertaken by a person other than the
Committee.
ARTICLE 64
Committee may make funds available for the planting
and protection of trees, etc.
(1) The Committee may by
way of grant or loan make funds available to the owner or occupier of land
towards the cost of planting or managing trees on that land or for otherwise
preserving or improving the appearance of the land.
(2) The Committee may make
funds available on such terms as the Committee determines.
Chapter 3 - Dangerous buildings
ARTICLE 65
Interpretation - dangerous buildings
In
this Chapter “work to be undertaken” includes steps to be taken.
ARTICLE 66
Committee may serve a dangerous building notice in
respect of building in a dangerous condition
(1) This Article applies
where it appears to the Committee that a building is in a dangerous condition,
or is being used to carry a load or in a manner that makes it dangerous.
(2) Where this Article
applies the Committee may serve a notice requiring work to be undertaken to
render the building safe.
(3) The notice shall be
served on the owner of the building and (if different) its occupier.
(4) The notice shall
specify -
(a) the matter which
appears to the Committee to make the building dangerous;
(b) the work to be
undertaken; and
(c) the period within which
that work must be undertaken.
ARTICLE 67
Dangerous building notice - restoration work
(1) This Article applies in
respect of a dangerous building notice that requires restoration work to be
undertaken on a part of a building.
(2) Unless the notice
specifies otherwise it shall be taken to contain a requirement that the work to
be undertaken shall be as similar as possible to the original work on that part
of the building.
ARTICLE 68
Committee may vary or withdraw a dangerous building
notice
(1) The Committee may
withdraw a dangerous building notice or waive or relax a requirement of it.
(2) In particular the
Committee may extend the period specified in the notice as the period within
which specified work is required to have been undertaken.
(3) The Committee shall as
soon as practicable serve notice of any exercise of a power in accordance with
paragraph (1) on each person who was served with the dangerous building notice.
(4) The withdrawal of a
dangerous building notice shall not affect the power of the Committee to serve
another one.
ARTICLE 69
Committee may execute work
required by dangerous building notice
(1) The Committee may enter
land and undertake work required to be undertaken by a dangerous building
notice if the work has not been undertaken by the end of the period for
compliance specified in the notice.
(2) The Committee may
recover the expenses reasonably incurred by the Committee in doing so as a debt
due to the Committee from the person who is then the owner of the building.
ARTICLE 70
Offence when dangerous
building notice is not complied with
(1) The owner of a building
to which a dangerous building notice relates who during the period specified in
the notice fails to undertake any specified work shall be guilty of an offence
and liable to a fine or imprisonment, or both.
(2) In proceedings against
a person for the offence it shall be a defence to show that the person took all
reasonable measures to secure compliance with the notice.
(3) An offence under
paragraph (1) may be charged by reference to a day or any longer period of time
and a person may be convicted of a second offence or subsequent offences under
paragraph (1) by reference to any period of time following the preceding
conviction for such an offence.
(4) If -
(a) a person charged with
an offence under paragraph (1) has not been served with a copy of the dangerous
building notice; and
(b) the notice is not
contained in the Register of Dangerous Building Notices,
it shall be a defence to show that the person was not aware of the
existence of the notice.
(5) In determining the
amount of any fine to be imposed on a person convicted of an offence under this
Article, the court shall in particular have regard to any financial benefit
which has accrued or appears likely to accrue or could have accrued to the
person in consequence of the offence.
ARTICLE 71
Committee may take
immediate action to ensure safety
(1) This Article applies
where it appears to the Committee -
(a) that a building is in a
dangerous condition or is being used to carry such a load or in a manner so as
to be dangerous; and
(b) that immediate action
is necessary to remove or reduce the danger.
(2) Where this Article
applies the Committee may, as soon as practicable and whether or not it serves
a dangerous building notice, enter the building and undertake work necessary to
reduce or remove the danger.
(3) If the Committee
decides to act in accordance with paragraph (2) it shall serve notice of its
decision on the owner of the building and (if different) its occupier but it is
not a requirement that the notice be served before the building is entered and
the work undertaken.
(4) The Committee may
recover the costs reasonably incurred in taking action under paragraph (2) from
the owner of the building as a debt due to the Committee.
ARTICLE 72
No compensation payable
Action
taken by the Committee under this Chapter does not give any person the right to
claim compensation in respect of any loss or damage the person may suffer as a
result of that action.
ARTICLE 73
Planning permission and building permission
(1) Work undertaken in
compliance with a dangerous building notice shall be undertaken in compliance
with any requirement imposed by or under this or any other enactment applicable
to the construction and functional requirements of buildings.
(2) In so far as it is
required, planning and building permission shall be taken to have been granted
to undertake work in compliance with a dangerous building notice.
ARTICLE 74
Committee to maintain Register of Dangerous Building
Notices
(1) The Committee shall
maintain a register, called the Register of Dangerous Building Notices,
containing details of each dangerous building notice it serves.
(2) The Committee shall
make the register available for inspection by the public at all reasonable
hours.
Chapter 4 - Control of advertisements
ARTICLE 75
Interpretation - advertisements
(1) In this Chapter
“advertisement” means a word, letter, model, sign, placard, board,
notice, awning, blind, device or representation, whether illuminated or not, in
the nature of and employed wholly or partly for the purpose of -
(a) advertisement;
(b) announcement; or
(c) direction.
(2) In this Chapter
“Order” means an Order made in accordance with this Chapter.
ARTICLE 76
Committee may make Orders
to control advertisements
(1) The Committee may by
Order restrict or regulate the display of advertisements to ensure that the Island’s amenities are not spoilt.
(2) In particular an Order
may -
(a) regulate the
dimensions, appearance and position of advertisements, the sites on which they
may be displayed, and the manner in which they may be affixed to land;
(b) require the permission
of the Committee to be obtained for the display of advertisements, or of
advertisements of a specified class, or of advertisements in a particular area
or in a specified type of area;
(c) make different
provision with respect to different areas of the Island;
(d) make special provision
with respect to advertisements or prohibit their display in areas of the Island that appear to the Committee to require special
protection on grounds of amenity.
ARTICLE 77
Order may apply to existing advertisements
(1) An Order may be made to
apply -
(a) to advertisements that
are being displayed on the date on which the Order comes into force; and
(b) to the use for the
display of an advertisement of a site that was being used for that purpose on
that date.
(2) An Order to which
paragraph (1) applies shall allow sufficient time for compliance with the Order
and shall provide for the payment by the Committee of compensation in
appropriate cases.
ARTICLE 78
Penalty for contravention of Order
(1) A person who displays
an advisement contrary to the provisions of an Order shall be guilty of an
offence and liable to a fine not exceeding level 2 on the standard scale.
(2) A person who fails to
comply with a notice served by the Committee requiring the person -
(a) to remove an
advertisement displayed by the person in contravention of an Order; or
(b) to discontinue the use
by the person of a site to display an advertisement in contravention of an
Order,
before the date specified in the notice for compliance, shall be
guilty of an offence and liable to a fine not exceeding level 2 on the standard
scale.12
(3) An offence under
paragraph (1) or (2) may be charged by reference to a day or any longer period
of time and a person may be convicted of a second offence or subsequent
offences under paragraph (1) or (2) by reference to any period of time
following the preceding conviction for such an offence.
(4) Without prejudice to
the generality of paragraph (1), a person shall be taken to display an
advertisement if the advertisement -
(a) is displayed on land
the person owns or occupies;
(b) gives publicity to the
person’s goods, trade, business or other concerns; or
(c) gives publicity to the
person’s candidature for election to a public or parochial office.
(5) It shall be a defence
for a person charged with an offence under paragraph (1) to prove that the
advertisement was displayed without the person’s knowledge or consent.
ARTICLE 79
Committee may remove or obliterate advertisement
(1) The Committee may
remove or obliterate an advertisement that in its opinion is displayed in
contravention of an Order and recover, as a debt due to the Committee, the cost
of doing so from the person displaying the advertisement.
(2) Action taken by the
Committee under paragraph (1) does not give any person the right to claim
compensation in respect of any loss or damage the person may suffer as a result
of that action.
Chapter 5 - Control of moveable structures
ARTICLE 80
Moveable structures defined
(1) In this Chapter the
term “moveable structure” means a structure the placing of which
in, on, over or under land does not constitute development of the land.
(2) It includes, for
example, a marquee, tent, caravan or other conveyance, with or without wheels,
a flagpole, or radio or television mast temporarily placed upon land.
(3) In this Chapter
“Order” means an Order made in accordance with this Chapter.
ARTICLE 81
Committee may make Orders in respect of moveable structures
(1) The Committee may by
Order regulate or restrict the erection, stationing and use of moveable
structures -
(a) to ensure that the Island’s amenities are not spoilt; and
(b) to secure the health,
safety and welfare of people in or about moveable structures.
(2) The Order may, in
particular -
(a) require the permission
of the Committee to be obtained for the erection, stationing and use of
moveable structures; and
(b) include provisions to
prevent nuisances that may arise from moveable structures.
(3) The Order may be made
to apply to all moveable structures or to moveable structures specified in the
Order.
ARTICLE 82
Penalty for contravening
an Order
(1) A person who
contravenes an Order shall be guilty of an offence and liable to a fine not
exceeding level 2 on the standard scale.
(2) A person who fails to
comply with a notice served by the Committee requiring the person -
(a) to remove a mobile
structure placed on land in contravention of an Order; or
(b) to discontinue the use
by the person of land for the placement of a mobile structure in contravention
of an Order,
before the date specified in the notice for compliance, shall be
guilty of an offence and liable to a fine not exceeding level 2 on the standard
scale.
(3) An offence under
paragraph (1) or (2) may be charged by reference to a day or any longer period
of time and a person may be convicted of a second offence or subsequent
offences under paragraph (1) or (2) by reference to any period of time
following the preceding conviction for such an offence.
Chapter 6 - Control of land
condition
ARTICLE 83
Interpretation - land
condition
(1) In this Chapter -
“land
condition notice” means a notice served by the Committee in accordance
with an Article of this Chapter;
“work
to be undertaken” includes steps to be taken.
(2) Where in accordance
with this Chapter a notice is not served on a person but is instead displayed
it shall be taken to have been served on -
(a) the owner of the land
on which it is displayed and (if different) the occupier of the land; and
(b) any owner, as the case
may be, of the building, caravan, vegetation or disused vehicle on or in
respect of which the notice is displayed.
ARTICLE 84
Committee may require
repair or removal of ruinous or dilapidated buildings.
(1) If it appears to the
Committee that a building is in a ruinous or dilapidated condition it may serve
a notice requiring that the building or a specified part of it be demolished,
repaired, decorated or otherwise improved and that any resulting rubbish be
removed.
(2) The notice shall be
served -
(a) on the owner of the
land on which the building is situated; or
(b) by displaying it in a
conspicuous place on or near the building.
ARTICLE 85
Committee may require
action to be taken in respect of drainage nuisance
(1) If it appears to the
Committee that the drainage or lack of drainage of a building is a danger to
health or a nuisance it may serve a notice requiring that measures specified in
the notice be taken to eliminate the danger or nuisance.
(2) The notice shall be
served -
(a) on the owner of the
land on which the building is situated and (if different) its occupier; or
(b) by displaying it in a
conspicuous place on or near the building.
(3) In this Article
“drainage”, in respect of a building, includes a cesspool, private
sewer, septic tank, drain, soil pipe, rainwater pipe and other necessary
drainage facilities in respect of the building.
ARTICLE 86
Power of Committee to
require proper maintenance of land, etc.
(1) If it appears to the
Committee that the amenities of a part of the Island
are being adversely affected by the condition or use of any land, the Committee
may serve a notice requiring work specified in the notice be undertaken to
abate the injury.
(2) The notice shall be
served -
(a) on the owner of the
land and (if different) its occupier; or
(b) by displaying it in a
conspicuous place on the land.
ARTICLE 87
Committee may require
removal of caravans
(1) If it appears to the
Committee that for amenity reasons a caravan should not be on a particular area
of land it may serve a notice requiring the removal of the caravan to outside
the area specified in the notice.
(2) The notice shall be
served -
(a) on the owner or other
person for the time being in control of the caravan, or the owner and (if
different) the occupier of the land on which the caravan is situated; or
(b) by displaying it in a
conspicuous place on or near the caravan.
ARTICLE 88
Committee may require action to be taken in respect of
dumps
(1) If it appears to the
Committee that for amenity reasons action should be taken in respect of a dump
it may serve a notice requiring the dump to be dealt with in the manner
specified in the notice.
(2) The notice shall be
served -
(a) on the owner of the
land on which the dump is situated and (if different) the occupier of the land;
or
(b) by displaying it in a
conspicuous place on or near the dump.
ARTICLE 89
Committee may take action in respect of disused
vehicles
(1) If it appears to the
Committee that for amenity reasons a disused vehicle should be moved or
otherwise disposed of it may serve a notice requiring the vehicle to dealt with
in the manner specified in the notice.
(2) The notice shall be
served -
(a) on the owner of the
land on which the vehicle is situated or (if different) the occupier;
(b) the owner of the
vehicle; or
(c) by displaying it in a
conspicuous place on or near the vehicle.
(3) In this Article
“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.
ARTICLE 90
Committee may require
vegetation to be replaced or removed
(1) If it appears to the
Committee that the amenities of a part of the Island
are being adversely affected by the removal or destruction of vegetation it may
serve a notice requiring -
(a) the removal or
destruction to stop; and
(b) that other vegetation
of a type and species be planted in a place on that land as specified in the
notice.
(2) If it appears to the
Committee that the amenities of an area of land on the Island are being or are
likely to be adversely affected by the presence of vegetation on adjoining land
owned by some other person it may serve a notice requiring -
(a) the removal of the
vegetation or any part of it; or
(b) that other action
specified in the notice be taken in respect of the vegetation.
(3) The notice shall be
served -
(a) on the owner of the
land on which the vegetation is growing or (if different) the occupier of the
land; or
(b) by displaying it in a
conspicuous place on or near the vegetation.
ARTICLE 91
Contents of land condition notice
(1) A land condition notice
shall specify in sufficient detail the work to be undertaken and the period
within which that work is to be undertaken.
(2) The period shall be a
period that is reasonable having regard to what is required.
(3) A person who removes or
defaces a land condition notice displayed in accordance with this Chapter
without lawful authority shall be guilty of an offence and liable to a fine not
exceeding level 2 on the standard scale.
ARTICLE 92
Committee may vary or
withdraw a land condition notice
(1) The Committee may
withdraw a land condition notice or waive or relax a requirement of a land
condition notice.
(2) In particular the
Committee may extend the period specified in the notice as the period within
which specified work is required to have been undertaken.
(3) The Committee shall as
soon as practicable serve notice of the exercise of a power under paragraph (1)
on each person who was served with the land condition notice except that,
despite Article 83(2), if the notice was merely displayed the Committee need
only display an amended land condition notice at the same place.
(4) The withdrawal of a
land condition notice shall not affect the power of the Committee to serve
another one.
ARTICLE 93
Penalty for failure to comply with land condition
notice
(1) A person who fails to
undertake the work specified in a land condition notice served on the person in
accordance with this Chapter before the end of the period for compliance
specified in the notice shall be guilty of an offence and liable to a fine.
(2) In proceedings against
a person for an offence under paragraph (1) it shall be a defence for the
person to show that all reasonable measures to secure compliance with the
notice were taken.
(3) An offence under
paragraph (1) may be charged by reference to a day or any longer period of time
and a person may be convicted of a second offence or subsequent offences under
paragraph (1) by reference to any period of time following the preceding
conviction for such an offence.
(4) If -
(a) a person charged with
an offence under paragraph (1) has not been served with a copy of the land
condition notice; and
(b) the notice is not
contained in the Register of Land Condition Notices,
it shall be a defence to show that the person was not aware of the
existence of the notice.
(5) In determining the
amount of any fine to be imposed on a person convicted of an offence under this
Article, the court shall in particular have regard to any financial benefit
which has accrued or appears likely to accrue or could have accrued to the
person in consequence of the offence.
ARTICLE 94
Committee may undertake work, etc.
If
a person fails to undertake the work specified in a land condition notice
before the end of the period of compliance specified in the notice then,
whether or not the person is convicted of an offence under Article 93, the
Committee may -
(a) undertake the work; and
(b) recover from that
person, as a debt due to the Committee, the expenses reasonably incurred by the
Committee in doing so.
ARTICLE 95
No compensation payable
Action
taken by the Committee under this Chapter does not give any person the right to
claim compensation in respect of any loss or damage the person may suffer as a
result of that action.
ARTICLE 96
Planning permission and
building permission
(1) Work undertaken in
compliance with a land condition notice shall be undertaken in compliance with
any requirement imposed by or under this or any other enactment applicable to the
construction and functional requirements of buildings.
(2) In so far as it is
required, planning and building permission shall be taken to have been granted
to undertake work in compliance with a land condition notice.
ARTICLE 97
Committee to maintain Register of Land Condition
Notices
(1) The Committee shall
maintain a register, called the Register of Land Condition Notices, containing
details of each land condition notice it serves.
(2) The Committee shall
make the register available for inspection by the public at all reasonable
hours.
Chapter 7 - Controls on caravans
ARTICLE 98
Definitions in respect of caravans
In
this Chapter “caravan” means -
(a) a structure designed or
adapted for human habitation which is capable of being moved from place to
place (whether by being towed, or by being transported on a motor vehicle or
trailer); and
(b) a motor vehicle
designed or adapted for human habitation,
but does not include a tent.
ARTICLE 99
Committee may control
importation and use of caravans
(1) A person shall not -
(a) import a caravan into
the Island; or
(b) use a caravan on the Island,
except with and in accordance with permission to do so granted by
the Committee.
(2) An application for
permission shall -
(a) be in a form required
by the Committee;
(b) contain or be
accompanied by particulars the Committee reasonably requires to determine the
application; and
(c) be accompanied by any
prescribed fee.
ARTICLE 100
Offence of importing, etc.
caravan without permission of Committee
(1) A person who
contravenes Article 99 shall be guilty of an offence and liable to a fine not
exceeding level 2 on the standard scale.
(2) A person shall be
guilty of an offence under paragraph (1) if, when importing a caravan or using a
caravan on the Island, the person contravenes
any condition subject to which the permission to do so was granted.
(3) An offence under
paragraph (1) may be charged by reference to a day or any longer period of time
and a person may be convicted of a second offence or subsequent offences under
paragraph (1) by reference to any period of time following the preceding
conviction for such an offence.
ARTICLE 101
Conditions on importation and use of caravan
(1) The Committee may
attach conditions to the grant of permission to import a caravan or to use a
caravan on the Island.
(2) Conditions imposed
under paragraph (1) shall fairly and reasonably relate to the importation of
the caravan or the use of the caravan on the Island.
(3) A condition attached by
the Committee to the grant of its permission to import a caravan or to use one
on the Island binds any person for the time
being having the control of or an interest in the caravan and is enforceable by
the Committee against such a person.
ARTICLE 102
Committee may require caravan to be exported
If
a person is convicted of an offence under Article 100 in respect of a caravan
the Committee may, by notice served on its owner or the person for the time
being having charge of it, require the caravan to be exported from the Island
within the period for compliance specified in the notice.
ARTICLE 103
Caravan may be forfeited
to Committee
(1) If a caravan is not
exported from the Island within the period for
compliance specified in a notice under Article 102 the caravan is forfeited to
the Committee on the termination of that period and becomes the property of the
Committee which may retain it or dispose of it as it thinks fit.
(2) A notice served in
accordance with Article 102 shall draw the attention of the person upon whom it
is served to the provisions of paragraph (1).
(3) If a caravan that has
been forfeited to the Committee in accordance with paragraph (1) is seized by
the Committee otherwise than from or in the presence of its owner or the owner’s
agent, the Committee shall serve on the owner or the owner’s agent notice
of the seizure specifying the grounds for the seizure.
ARTICLE 104
Committee may seize and
retain caravan
(1) This Article applies
where the Committee is satisfied that -
(a) a caravan has been
imported into the Island without the
Committee’s permission; or
(b) a caravan has been
imported or is being used in the Island
without compliance with a condition subject to which the Committee’s
permission to import or use the caravan was granted.
(2) Where this Article
applies the Committee may seize and retain possession of the caravan.
(3) The Committee may
retain possession of the caravan for 2 months unless during that period -
(a) the owner or person
having possession of the caravan at the time of the seizure exports the caravan
from the Island; or
(b) if the owner or person
having possession of the caravan at the time of the seizure is charged with an
offence under Article 100, that charge is determined.
(4) If in respect of the
charge referred to in paragraph (3)(b) a person is found guilty of an offence
under Article 100, the Committee may retain possession of the caravan until it
is exported from the Island in accordance with
a notice served in accordance with Article 102.
Chapter 8 - Control of rubbish
ARTICLE 105
Person shall not deposit rubbish
(1) A person shall not
without lawful authority place rubbish on land - whether private land, land
used by the public or land covered by water.
(2) A person who
contravenes paragraph (1) shall be guilty of an offence and liable to a fine.
(3) In determining the
amount of any fine the court shall, in particular, have regard to -
(a) any financial benefit
which has accrued or appears likely to accrue or could have accrued to the
person in consequence of the offence;
(b) the type of rubbish
placed on the land;
(c) the amount of the
rubbish placed on the land;
(d) any damage the rubbish
caused or was capable of causing to the environment; and
(e) the cost of clearing
the rubbish and making good any damage caused by it.
(4) In this Article rubbish
includes refuse and waste material, and whether in solid or liquid form.
PART 7
APPEALS
Chapter 1 - The Planning and Building Appeals
Commission
ARTICLE 106
Interpretation - “persons interested in the
appeal” defined
(1) In this Part
“persons interested in the appeal”, in respect of an appeal under
this Part, means -
(a) the Committee;
(b) the appellant; and
(c) any other person who
made a submission to the Committee in respect of the matter the subject of the
appeal prior to the Committee making its decision in respect of that matter.
(2) For the purpose of
paragraph (1)(c) a person who has made a submission to the Committee
includes any highway authority, Committee, or a body or person created by
statute that has commented on an application as a result of the
Committee’s compliance with Article 14, 15, 16 or 17.
ARTICLE 107
Planning and Building
Appeals Commission
(1) There is established a
Planning and Building Appeals Commission.
(2) The Commission shall
consist of at least 5 but not more than 8 Commissioners appointed by the States
by Act.
(3) Whenever there are less
than 8 Commissioners the Committee may recommend to the States a person to be a
Commissioner.
(4) The States shall not
appoint a person to be a Commissioner unless the States are satisfied that the
person has the experience and professional qualifications necessary to enable
the person to carry out the duties of a Commissioner in a professional and
impartial manner.
(5) A Commissioner may
resign from office by written notice given to the Committee.
(6) If, in the opinion of
the Committee, a Commissioner is guilty of any malpractice or is incapable of
the proper performance of his functions as a Commissioner or is otherwise
unsuitable to continue in office, the Committee shall report the facts to the
States and the States, after deliberating thereon in camera, may remove the
Commissioner from office.
(7) A Commissioner ceases
to hold office on attaining the age of 70 years.
(8) The States shall
appoint one Commissioner to be the Chief Commissioner.
(9) The Committee shall
appoint a Registrar of the Commission.
(10) Commissioners shall receive
allowances and expenses agreed with the Committee, which shall be paid by the
Committee.
(11) Commissioners need not receive the
same allowances and expenses.
(12) A vacancy in the minimum number of
Commissioners does not affect a determination made on behalf of the Commission.
ARTICLE 108
Appeals
(1) An appeal cannot be
made to the Commission except in accordance with Chapter 2 (which provides for
appeals from certain decisions and actions of the Committee).
(2) An appeal to the Commission
shall be made by sending to its Registrar a notice of appeal on a form provided
or approved for the purpose by the Registrar.
(3) The notice shall
specify the grounds of the appeal, which need only be set out in general terms.
ARTICLE 109
Procedure on receipt of an
appeal
(1) The Registrar shall,
within 7 days of receiving notice of an appeal, inform each person interested
in the appeal that they may submit written submissions to the Commission in
respect of the appeal within such period as the Registrar may determine as
appropriate having regard to the circumstances, being a period of not less than
28 days.
(2) The Registrar shall,
within 7 days of the end of that period, send a copy of each submission
received from a person interested in the appeal to every other person
interested in the appeal and inform them that they may make written comments to
the Commission in respect of the submission within such period as the Registrar
may determine as appropriate having regard to the circumstances, being a period
of not less than 28 days.
(3) The Registrar shall,
within 7 days of the end of that period, send to the Chief Commissioner the
notice of appeal and any submissions and comments received under paragraphs (1)
and (2).
(4) The Chief Commissioner
shall, within 14 days of the receipt of the notice of appeal, and of any
submissions and comments -
(a) appoint a Commissioner
to determine the appeal on behalf of the Commission; or
(b) on behalf of the
Commission, dismiss the appeal on the grounds that it is without foundation or
frivolous.
(5) A Commissioner
appointed to determine an appeal may do so by holding a hearing or, unless a
person interested in the appeal objects, solely by considering the written
submissions and any comments on them.
(6) A Commissioner
appointed to determine an appeal may obtain expert or legal advice.
(7) Any Bank or Public
holiday shall not be included when calculating the period specified in
paragraph (1), (2) or (3).
ARTICLE 110
Hearings
(1) If a hearing is to be
held the Commissioner holding the hearing shall settle the date, time and place
for the hearing with the Registrar.
(2) The Registrar shall
give at least 7 days’ written notice of the date, time and place for the
hearing to each person interested in the appeal.
(3) At the hearing -
(a) each person interested
in the appeal may appear and be heard, either in person or by a representative,
who need not be legally qualified; and
(b) the Commissioner may
examine witnesses and may be assisted by any person the Commissioner determines
and without limiting the Commissioner’s discretion, may take into account
anything that the Committee ought to have considered,
but the Commissioner shall otherwise determine the procedure to be
followed at the hearing.
ARTICLE 111
Commissioner may carry out
inspection
(1) A Commissioner
appointed to determine an appeal may enter any land the Commissioner considers
it necessary to inspect to make the determination.
(2) The right conferred by
paragraph (1) is not limited to the land the subject of the appeal.
(3) Except with the
approval of its owner and any occupier, the Commissioner shall not enter land
unless the Commissioner -
(a) has given at least 48
hours written notice of an intention to do so; and
(b) does so at a reasonable
time having regard to the use of the land.
(4) A person who obstructs
a Commissioner from entering land in accordance with this Article is guilty of
an offence and is liable to a fine not exceeding level 3 on the standard scale.
ARTICLE 112
Determination of appeal
(1) A Commissioner
appointed to determine an appeal must give notice of the determination in
respect of the appeal to the Registrar.
(2) The Commissioner shall
give reasons for the decision.
(3) The Registrar must
furnish a copy of the determination and reasons to the Chief Commissioner and
to each person interested in the appeal.
(4) If the Chief
Commissioner dismisses an appeal on the grounds that it is without foundation
or frivolous the Registrar must inform each person interested in the appeal.
(5) A Commissioner
appointed to determine an appeal on behalf of the Commission has full
jurisdiction to determine any matter of fact or law relating to the appeal, and
the determination of the Commissioner (including a dismissal of an appeal by
the Chief Commissioner) is final.
Chapter 2 - Appeals
ARTICLE 113
Applicants may appeal against certain refusals
(1) This Article applies to
a refusal by the Committee -
(a) to grant planning
permission on an application made to it in accordance with Article 9(1);
(b) to grant planning
permission or to amend planning permission already granted on an application
made to it in accordance with Article 20(2);
(c) to amend planning
permission on an application made to it in accordance with Article 21(2);
(d) to issue a certificate
of completion on an application made to it in accordance with Article 28(3);
(e) to grant building
permission on an application made to it in accordance with Article 34(1);
(f) to grant
permission to undertake on a site of special interest an activity referred to
in Article 55(1) on an application made to it in accordance with Article 55(5);
(g) to grant permission to
import or use a caravan on the Island on an
application made to it in accordance with Article 99(2).
(2) A person aggrieved by a
refusal to which this Article applies may within 28 days of being notified of
the refusal appeal to the Commission against the refusal.
(3) On the appeal the
Commission may -
(a) confirm the decision of
the Committee; or
(b) order the Committee to
grant the permission, amendment or certificate sought subject to such
conditions as the Commission may specify.
(4) The Committee shall
comply with an order made under paragraph (3)(b).
ARTICLE 114
Persons who may appeal against grant of planning
permission
(1) This Article applies to
a decision by the Committee to grant planning permission on an application made
to it in accordance with Article 9(1), if any person other than the applicant
has made a submission to the Committee in respect of the application prior to
the Committee making its decision.
(2) For the purpose of
paragraph (1), a person who has made a submission to the Committee
includes a highway authority, Committee, or a body or person created by statute
that has commented on the application as a result of the Committee’s
compliance with Article 14, 15, 16 or 17.
(3) A decision to which
this Article applies shall not have effect during the period of 28 days
immediately after the decision is made.
(4) If during that period a
person appeals in accordance with this Article the period shall be extended
until either the appeal is withdrawn or is determined.
(5) When the appeal is
determined the decision shall have effect, if at all, in accordance with the
determination.
(6) The Committee shall
serve a copy of the notice informing the applicant of the decision on each
other person who made a submission to which paragraph (1) refers.
(7) The copy of the notice
must -
(a) be served within
7 days of the decision being made; and
(b) be accompanied by a
notice informing the person that the person may appeal against the decision or
any part of it (including any condition of the planning permission) within 14
days of the service of the notice,
and that person, if aggrieved by the decision, may appeal to the
Commission accordingly.
(8) On the appeal the
Commission may -
(a) confirm the decision of
the Committee; or
(b) order the Committee to
vary its decision or any part of it (including any condition of the planning
permission) as the Commission may specify; or
(c) order the Committee to
cancel its decision to grant the planning permission.
(9) The Committee shall
comply with an order made under paragraph (8)(b) or (c).
ARTICLE 115
Appeal against condition
subject to which planning permission, etc. granted
(1) This Article applies to
a person aggrieved by -
(a) a condition subject to
which planning permission was granted;
(b) a condition subject to
which building permission was granted;
(c) a condition subject to
which permission to undertake on a site of special interest an activity
referred to in Article 55(1) was granted; or
(d) a condition subject to
which permission to import or use a caravan was granted.
(2) In paragraph (1) a
reference to a person aggrieved by a condition subject to which any permission
was granted includes a person being aggrieved by a requirement or term of any
such condition.
(3) A person to whom this
Article applies may within 28 days of being notified of the imposition of the
condition appeal to the Commission.
(4) On the appeal the
Commission may -
(a) confirm the imposition
of the condition; or
(b) order the Committee to
remove the condition from its permission or to vary the requirement or term of
the condition in such manner as the Commission considers appropriate.
(5) The Committee shall
comply with an order made under paragraph (4)(b).
ARTICLE 116
Appeal against revocation or modification of planning
permission
(1) This Article applies to
a decision made by the Committee in accordance with Article 10(2)(a), or 27(1)
or (2) to revoke or modify planning permission.
(2) A person aggrieved by a
decision to which this Article applies may within 28 days of being notified of
the decision appeal to the Commission against the decision.
(3) On the appeal the
Commission may -
(a) confirm the
Committee’s decision; or
(b) order the Committee to
cancel its decision; or
(c) order the Committee to
cancel its decision but to modify the permission to which it relates or any
condition subject to which that permission was granted as the Commission
considers appropriate.
(4) The Committee shall
comply with an order made under paragraph (3)(b) or (c).
(5) Until the Commission
makes a decision in accordance with paragraph (3) the decision of the Committee
to revoke or modify the permission to develop the land shall remain in effect.
ARTICLE 117
Appeal against service or
terms of certain notices, etc.
(1) This Article applies to
the following notices -
(a) a notice served in
accordance with Article 5(4);
(b) a notice served in
accordance with Article 10(2)(b) requiring the person upon whom it is
served to undertake certain work or to modify development that has been
undertaken;
(c) a completion notice
served in accordance with Article 26(2) specifying a period at the end of
which planning permission shall cease to have effect;
(d) an enforcement notice
served in accordance with Article 40(2);
(e) a stop notice served in
accordance with Article 45(2);
(f) a condition
notice served in accordance with Article 47(2);
(g) a notice served in
accordance with Article 54(7) requiring the person upon whom it is served
to make good injury to a site of special interest;
(h) a dangerous building
notice served in accordance with Article 66(2);
(i) a land condition
notice served in accordance with Article 84(1), 85(1), 86(1), 87(1),
88(1), 89(1), or 90(1) or (2).
(2) This Article also
applies to an entry to a building made in accordance with Article 71(2) (in
respect of a dangerous building) and the undertaking of work necessary to
reduce or remove a danger.
(3) This Article applies to
a person aggrieved by -
(a) the service on the
person of a notice to which this Article applies, a requirement of the notice
or a time limit imposed by the notice; or
(b) an entry to a building
to which this Article applies, any work undertaken as a result of that entry,
or both.
(4) A person to whom this Article
applies may appeal to the Commission within 28 days of the service of the
notice or the entry onto the land.
(5) On the appeal the
Commission may -
(a) confirm the decision of
the Committee to serve the notice or to enter onto the land and to undertake
the work undertaken;
(b) in the case of the
service of a notice to which this Article applies, confirm the decision of the
Committee to serve the notice but order the Committee to vary a requirement of
the notice or the period specified in the notice as the period in which the
requirement specified in the notice must be complied with, or order the
Committee to withdraw the service of the notice; or
(c) in the case of an entry
to building and the undertaking of work to which this Article applies,
determine that the Committee was not justified in taking all or any of the
actions it took.
(6) The Committee shall
comply with an order made under paragraph (5)(b).
(7) If the Commission
determines in the case of an entry to a building and the undertaking of work to
which this Article applies that the Committee was not justified in taking all
or any of the actions it took the Committee shall not be entitled to recover
its costs in accordance with Article 71(4), and Article 72 will not
apply in this case.
(8) On an appeal made in
accordance with paragraph (4) any notice to which the appeal relates shall
cease to have effect until -
(a) the Commission makes a
decision in accordance with paragraph (5); or
(b) the appeal is
withdrawn.
(9) If -
(a) the Commission confirms
the service of a notice, with or without amendment; or
(b) an appeal in respect of
a notice is withdrawn,
the notice or the amended notice shall have effect as if it had been
served on the date of the Commission’s decision or the day of the
withdrawal of the appeal.
ARTICLE 118
Appeals against certain
listings
(1) This Article applies in
respect of -
(a) the inclusion in
accordance with Article 51(2) of a building or place on the List of Sites of
Special Interest;
(b) the inclusion in
accordance with Article 58(2) of a tree on the List of Protected Trees.
(2) A person aggrieved by
an inclusion to which this Article applies may within 28 days of being notified
of the inclusion, appeal to the Commission.
(3) On the appeal the
Commission may -
(a) confirm the inclusion;
or
(b) order the Committee to
remove the building, place or tree from the relevant list.
(4) The Committee shall
comply with an order made in accordance with paragraph (3)(b).
(5) Until the Commission
makes an order in accordance with paragraph (3)(b) an inclusion to which this
Article applies shall continue to have effect.
PART 8
POWER OF STATES TO ACQUIRE LAND BY COMPULSORY PURCHASE
ARTICLE 119
Power of States to acquire
land
(1) The States may acquire
land by compulsory purchase in accordance with the Compulsory Purchase of Land
(Procedure) (Jersey) Law 1961 if the States are satisfied that the land should be acquired for a
purpose of this Law specified in Article 2.
(2) The Committee shall be
the acquiring authority within the meaning of the Compulsory Purchase of Land
(Procedure) (Jersey) Law 196118 in respect of land purchased in accordance with paragraph (1).
(3) The power to acquire
land conferred by paragraph (1) includes the power -
(a) to acquire a servitude
or other right over land by the creation of a new servitude or right; and
(b) to extinguish or modify
a servitude or other right over land.
(4) The Board of
Arbitrators in assessing the amount of compensation to be paid to a person in
respect of land compulsorily purchased under this Article shall set off against
the value of that land -
(a) any increase in its
value which the Board is satisfied is attributable to the expenditure or
proposed expenditure of public money; and
(b) any increase in the
value of other land owned by that person which the Board is satisfied is
attributable to the use to which the land compulsorily acquired is to be put.
(5) The Board of
Arbitrators shall otherwise act in accordance with the rules laid down in
Article 9 of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961.
PART 9
ADMINISTRATIVE PROVISIONS
ARTICLE 120
Committee may prescribe
fees
(1) The Committee may by
Order prescribe fees payable under this Law.
(2) An Order under this
Article may provide for -
(a) specific fees;
(b) maximum fees, minimum
fees or both;
(c) the payment of fees
generally, under specified conditions or in specified circumstances;
(d) the reduction, waiver
or refund of fees, in whole or in part.
ARTICLE 121
Service of notices
(1) A notice to be served
under this Law on a body corporate may be served on the secretary or clerk of
the body corporate.
(2) Unless otherwise
specifically provided by this Law, a notice to be served under this Law on a
person may be served on that person -
(a) by delivering it to the
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 12 of the Interpretation (Jersey)
Law 1954, in its application to this Article, the proper address of a person
is -
(a) in the case of the
secretary or clerk of a body corporate, the registered or principal office of
the body corporate; and
(b) in any other case -
(i) the usual or
last-known place of abode of the person, or
(ii) if the person has given
the Committee an address for service, that address.
(4) If the Committee is
unable to ascertain after reasonable enquiry the name or address of the owner,
lessee or occupier of land upon whom a notice under this Law is to be served,
the notice may be served -
(a) by addressing it to the
person upon whom it is to be served by the description of “owner”,
“lessee” or “occupier” of the land (describing it) to
which the notice relates; and
(b) by delivering it to
some responsible person resident or appearing to be resident on the land, or,
if there is no such person, by affixing it, or a copy of it, to a conspicuous
part of the land.
ARTICLE 122
Power of entry
(1) A person authorized to
do so by the Committee may for a purpose of this Law enter land or a building
to inspect it, to survey it or to record information in respect of it.
(2) A person authorized to
do so by the Committee may enter land or a building to undertake on behalf of
the Committee any work the Committee is authorized to undertake under this Law.
(3) A person referred to in
paragraph (1) or (2) shall not enter land unless, if requested by a person apparently
in control of the land or building, the person produces authorization from the
Committee to do so.
(4) A person referred to in
paragraph (1) or (2) shall not enter land except at a reasonable time.
(5) A person who obstructs
or impedes a person referred to in paragraph (1) or (2) in the execution of the
person’s duties shall be guilty of an offence and liable to a fine not
exceeding level 4 on the standard scale.
ARTICLE 123
Offences by bodies corporate
(1) If an offence under
this Law committed by a limited liability partnership or body corporate is
proved to have been committed with the consent or connivance of, or to be
attributable to neglect on the part of -
(a) a person who is a
partner of the partnership, or director, manager, secretary or other similar
officer of the body corporate; or
(b) a person purporting to
act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for that
offence.
(2) If the affairs of a
body corporate are managed by its members, paragraph (1) shall apply in
relation to acts and defaults of a member in connection with the member’s
functions of management as if the member were a director of the body corporate.
ARTICLE 124
Orders and Building
Bye-laws
(1) The Committee may by
Order or, as the case may be, Building Bye-laws prescribe anything which may be
prescribed under this Law.
(2) The Subordinate
Legislation (Jersey) Law 1960 applies to Orders (including Development Orders) and Building
Bye-laws made under this Law.
PART 10
APPLICATION OF
THE LAW TO THE CROWN AND TO CROWN LAND
ARTICLE 125
Interpretation - the Crown and Crown land
In
this Part -
“Crown
land” means land in which there is a Crown interest;
“Crown
interest” means an interest belonging to Her Majesty in right of the
Crown, or belonging to a department of the government of the United Kingdom or
held in trust for Her Majesty for the purpose of a department of the government
of the United Kingdom;
“department
of the government of the United
Kingdom” includes any Minister of the
Crown.
ARTICLE 126
Application of Law to the Crown and to Crown land
(1) Except as otherwise
provided by this Article, this Law applies to the Crown and to Crown land.
(2) The Island
Plan may include proposals relating to the use of Crown land.
(3) Nothing in this Law
renders the Crown liable to prosecution for an offence under this Law.
(4) Planning permission and
any required building permission shall be taken to have been granted to the
Crown in respect of development carried out by or on behalf of the Crown on
Crown land.
(5) Nothing in paragraph
(4) shall be taken as prohibiting the Crown from applying for planning
permission or building permission.
(6) The Committee shall not
have power under Article 119 to acquire by compulsory purchase a Crown
interest in land.
(7) A restriction or
requirement under a planning obligation shall not be enforceable in respect of
the Crown by injunction.
PART 11
REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
ARTICLE 127
Interpretation - Repeals,
etc.
In
this Part -
“1956
Law” means the Public Health (Control of Buildings) (Jersey)
Law 1956;
“1964
Law” means the Island Planning (Jersey) Law
1964.
ARTICLE 128
Repeals
(1) The 1956 Law and the 1964 Law are repealed.
(2) The following Laws are
also repealed -
(a) the Public Health
(Control of Building) (Amendment) (Jersey) Law
1980;
(b) the Public Health
(Control of Building) (Amendment No. 2) (Jersey)
Law 1994;
(c) the Public Health
(Control of Building) (Amendment No. 3) (Jersey)
Law 1996;
(d) the Island
Planning (Amendment) (Jersey) Law 1979;
(e) the Island
Planning (Amendment No. 2) (Jersey) Law
1980;
(f) the Island Planning (Amendment No. 3) (Jersey)
Law 1983;
(g) the Island
Planning (Amendment No. 4) (Jersey) Law
1991;
(h) the Island
Planning (Amendment No. 5) (Jersey) Law
1993;
(i) the Island Planning (Amendment No. 6) (Jersey)
Law 1996;
(j) the Building
Bye-laws (Validation) (Jersey) Law 1997;
(k) the Island
Planning (Fees) (Validation) Law 1997.
ARTICLE 129
Savings
(1) Anything done under the
1956 Law or the 1964 Law that could have been done under this Law, was not
invalidated on the repeal of the 1956 Law and the 1964 Law but continues to
have effect as if done under this Law.
(2) Proceedings in respect
of anything done under the 1956 Law or the 1964 Law which could have been taken
under that Law if it had not been repealed by this Law may be taken under this
Law.
(3) Proceedings pending
under the 1956 Law or the 1964 Law immediately before the commencement of this
Law may be continued under this Law.
(4) An application made
under the 1956 Law or the 1964 Law before the repeal of that Law and
outstanding on that repeal shall have effect as if it were an application made
under this law and shall be dealt with accordingly.
(5) Nothing in this Article
prejudices the general application of Article 19 of the Interpretation (Jersey) Law 1954 (which relates to the effect of repeals).
ARTICLE 130
Transitional provisions
(1) An Order made under
Article 9(1) of the 1964 Law (preservation of site of special interest) and in force immediately
before the commencement of Chapter 1 of Part 6 of this Law shall be taken to
have had effect on that commencement as if the site of special interest to
which the Order related were listed, as from the date the Order was made, on
the List of Sites of Special Interest, and the Committee shall add it to that
list accordingly.
(2) An Order made under
Article 16(1) of the 1964 Law (preservation of tree) and in force immediately before the
commencement of Chapter 2 of Part 6 of this Law shall be taken to have had
effect on that commencement as if the tree to which the Order related were
listed, as from the date the Order was made, on the List of Protected Trees,
and the Committee shall add it to that list accordingly.
(3) Until an Island Plan
for the Island has been approved by the States in accordance with this Law any
development plan (as that term was defined by Article 3 of the 1964 Law) in respect of a part of the Island, which had been approved by the
States under the 1964 Law and was in force immediately before the commencement
of Part 2 of this Law shall be taken as the Island Plan for that part of the
Island.
(4) Until Building Bye-laws
have been approved by the States in accordance with this Law Building
Bye-laws made under the 1956 Law and in force immediately before the
commencement of Part 4 of this Law shall be taken as Building Bye-laws made
under this Law (except to any extent to which they may be inconsistent with
this Law).
ARTICLE 131
Short title and
commencement
(1) This Law may be cited
as the Planning and Building (Jersey) Law 2002.
(2) This Law shall come
into force on such day or days as the States may by Act appoint and different
days may be appointed for different purposes or different provisions of this
Law.
M.N.
DE LA HAYE
Deputy Greffier of the
States.
SCHEDULE
(Article 31(4))
Contents of Building
Bye-laws
(1) Building Bye-laws may
specify the functional requirements of buildings in respect of -
(a) the design and
construction of buildings;
(b) the alteration of
buildings; and
(c) the provision of services,
fittings, appliances, equipment and accessories in or in connection with
buildings.
(2) In particular, and
without prejudice to the generality of paragraph (1), Building Bye-laws may
specify functional requirements in respect of -
(a) the preparation of
sites for buildings;
(b) the suitability,
durability and use of materials and components (including surface finishes)
used in buildings;
(c) structural strength and
stability of buildings;
(d) fire safety in
buildings;
(e) resistance of buildings
to moisture and decay;
(f) measures in
buildings affecting the transmission of heat;
(g) measures in buildings
affecting the transmission of sound;
(h) measures in buildings
to prevent infestation;
(i) measures in
buildings affecting the emission of smoke, gases, fumes or dust or other
noxious or offensive substances;
(j) drainage in
respect of buildings;
(k) the storage, treatment,
collection and removal of waste arising in buildings;
(l) installations in
buildings and standards for heating, ventilation, air-conditioning and other
services;
(m) installations in buildings
that use solid fuel, oil, gas, electricity or any other fuel or power including
any associated storage tanks, heat exchangers, ducts and fans;
(n) facilities in and in
respect of buildings for the supply and storage of water including associated
fittings and fixed equipment;
(o) sanitary equipment in
buildings;
(p) lifts, escalators,
hoists, conveyors and moving footways in buildings.
(3) Building Bye-laws may
also be made with respect to -
(a) the height of buildings
including the height of chimneys, ducts or outlets above the roof of buildings
of which they form part or of any adjacent building;
(b) open spaces about
buildings and the natural lighting and ventilation of buildings;
(c) accommodation for
specific purposes in or in connection with buildings including the dimension of
rooms and other spaces within buildings;
(d) the means of access to
and egress from buildings, and movement within buildings;
(e) the prevention of
danger and obstruction to people in or about buildings.
(4) Building Bye-laws may
specify functional requirements in respect of buildings designed to ensure that
people with disabilities are able to -
(a) gain access to and
egress from buildings;
(b) move within buildings;
and
(c) use the facilities of
buildings.
(5) Building Bye-laws may
relate to -
(a) new, altered or
extended services, fittings and equipment in or in connection with buildings;
and
(b) any change of use of
all or any part of a building.
(6) Building Bye-laws may
prescribe -
(a) the method by which;
and
(b) the standard to which,
building work specified in the Building Bye-laws is to be
undertaken.
(7) Building Bye-laws may
prescribe -
(a) the procedure to be
followed and the documents and particulars to be supplied to apply for any
permission required under the Building Bye-laws;
(b) the manner in which
that permission may be granted; and
(c) procedures to be
followed after the grant of permission.
(8) Building Bye-laws may
provide for the grant of permission in respect of building work that has been
undertaken -
(a) without building
permission or permission required under Building Bye-laws; or
(b) without compliance with
a condition subject to which permission was granted.
(9) Building Bye-laws may
provide for -
(a) the issue by the
Committee on payment of any prescribed fee of a certificate stating that
building work specified in the certificate was undertaken in compliance with
permission granted by the Committee; and
(b) the extent to which
such a certificate shall be admitted in evidence.
(10) Building Bye-laws may provide that
permission required by the Bye-laws is valid for a specified period or is
subject to revocation in specified circumstances.
(11) Building Bye-laws may provide that
the Committee may determine that permission that would otherwise be required by
the Bye-laws in respect of a building or works or a class of building or works
is not required either absolutely or to any extent determined by the Committee
and either subject to compliance with conditions determined by the Committee or
unconditionally.
(12) In this Schedule -
“drainage
in respect of buildings” includes -
(a) waste disposal units,
drains, sewers and communications between drains and sewers and between sewers;
(b) cesspools, septic tanks
and other means for the reception, treatment and disposal of foul matter;
“fire
safety in buildings” includes -
(a) structural measures to
resist the outbreak and spread of fire and to mitigate its effects;
(b) services, fittings and
equipment designed to mitigate the effects of fire, to facilitate fire fighting
or to detect fire, smoke, and associated warning systems;
(c) means of escape from
buildings in case of fire and means to secure that those means of escape can be
safely and effectively used at all material times;
“sanitary
equipment in buildings” includes -
(a) closets and urinals;
(b) washing and laundry
facilities;
(c) fittings and fixed
equipment associated with sanitary equipment;
“structural
strength and stability of buildings” includes -
(a) precautions against
overloading, impact and explosion;
(b) measures to safeguard
adjacent buildings and services;
(c) underpinning of
buildings.