Planning and
Building (Amendment of Law) (Jersey) Regulations 2015
Made 24th February 2015
Coming into force 10th
March 2015
THE STATES, in pursuance of Article 8 of the Planning and Building (Amendment
No. 6) (Jersey) Law 2014[1], have made the following
Regulations –
1 Interpretation
In these Regulations, the “Law” means the Planning and Building
(Jersey) Law 2002[2], and a reference to an
Article, paragraph or any other subdivision by number is, unless otherwise
indicated, a reference to the Article, paragraph or subdivision of that number
in the Law.
2 Article 1
amended
In Article 1(1) –
(a) after the definition “caravan” there shall be
inserted the following definition –
“ ‘Chief Officer’ –
(a) means the person appointed from time to time
as the chief executive officer (or equivalent) of the administration of the
States responsible for planning and building; and
(b) when referred to in relation to the exercise
of any function under this Law, includes any officer of that administration
designated by the Chief Officer as carrying out that function;”;
(b) in each of the definitions “dangerous building
notice” and “site notice”, the words “by the
Minister” shall be deleted;
(c) in the definition “planning permission”, in paragraph (a)
the words “to the Minister” shall be deleted.
3 Article 5
amended
In Article 5(4) for the words “the Minister” there
shall be substituted the words “the Chief Officer”.
4 Article 9
amended
(1) In Article 9(1)
for the words “the Minister” there shall be substituted the words
“the Chief Officer”.
(2) For
Article 9(2) there shall be substituted the following paragraph –
“(2) The application must –
(a) be in the required
form; and
(b) contain or be
accompanied by –
(i) such particulars as may reasonably be required to determine
the application, and
(ii) the matters
mentioned in paragraph (3).”.
(3) In Article 9(4)
for the words “the Minister may nevertheless accept the
application” there shall be substituted the words “the application
may nevertheless be accepted”.
(4) For
paragraphs (5) to (7) of Article 9 there shall be substituted the
following paragraphs –
“(5) Following receipt of an application
duly made under this Article, the Chief Officer may –
(a) determine the
application; or
(b) refer the application
to the Planning Applications Committee for determination by that Committee.
(6) The Chief Officer or, as the case may be,
the Committee may require the applicant to provide such further particulars as
may reasonably be required to determine the application.
(7) If the applicant fails to provide those
particulars within a reasonable time, the application may be refused and upon
such a refusal no obligation to refund the prescribed fee shall arise.”.
5 Article 9A amended
In Article 9A, after paragraph (1)
there shall be inserted the following paragraph –
“(1A)Functions shall be allocated to the Planning Applications
Committee by agreement between the Chief Officer and that Committee, and in
default of such agreement, the Minister shall determine which functions shall
be so allocated.”.
6 Article 10
amended
(1) For
Article 10(2) there shall be substituted the following paragraph –
“(2) If a person has made such a statement
or representation and planning permission has been granted (whether wholly or
partly as a consequence of that statement or representation), the Chief Officer
may –
(a) revoke or modify the
permission; and
(b) if the development
has been started or undertaken, serve a notice in accordance with paragraph (3)
on the owner of the land to which the permission relates,
and for these purposes it does not matter whether or not proceedings
have been taken in respect of an offence under paragraph (1).”.
(2) Paragraph (5)
of Article 10 shall be deleted.
(3) In Article 10(10),
after the words “the Minister” there shall be inserted the words
“or the Chief Officer”.
7 Article 11
amended
(1) In
the heading to Article 11 for the words “Minister shall prescribe
manner” there shall be substituted the word “Manner”.
(2) For
paragraphs (3) to (5) of Article 11 there shall be substituted the
following paragraphs –
“(3) No decision shall be taken on
an application for planning permission unless the application has been
publicized or notified in the prescribed manner, and the applicant may be
required to provide evidence of such publication or notification.
(4) In determining the application there shall
be taken into account any representations provided by members of the public in
the prescribed manner.”.
8 Article 12
amended
At the end of Article 12 there shall be added the following
paragraphs –
“(6) A person aggrieved by a
determination by the Minister under this Article may appeal against the
determination to the Royal Court only on a point of law (and for the avoidance
of doubt, no appeal arises under Part 7).
(7) An appeal under paragraph (6) must be
made within the period of 28 days beginning with the date of the
determination.
(8) On hearing the appeal the Royal Court
may –
(a) confirm the determination of the Minister wholly or in part;
(b) quash the determination of the Minister wholly or in part;
(c) remit the determination, wholly or in part, to the Minister
to be retaken.
(9) In paragraph (6), a “person
aggrieved” means –
(a) where the Minister determines that planning permission
should be granted, the applicant for planning permission and any third party;
(b) where the Minister determines –
(i) that conditions should be attached to a grant of planning
permission, or
(ii) that planning permission should be refused,
the applicant for planning permission,
and for the purposes of sub-paragraph (a), “third
party” has the same meaning as is given to that expression by
Article 108(4).”.
9 Article 13
amended
For paragraphs (2) and (3) of Article 13 there shall be
substituted the following paragraph –
“(2) Where this Article applies,
the application shall not be determined until the applicant has provided such
an environmental impact statement as may be prescribed, and the statement shall
be taken into account in the determination of the application.”.
10 Article 14
amended
(1) In Article 14(1)(b) the words “to the Minister” shall be
deleted.
(2) In Article 14(2)(d) the words “has notified the Minister it”
shall be deleted.
(3) For
paragraphs (3) and (4) of Article 14 there shall be substituted the
following paragraph –
“(3) Where this Article applies,
the application shall not be determined until the highway authority (if any) in
respect of the road has been consulted, and any comment by the authority shall
be taken into account in the determination of the application.”.
11 Article 15
amended
(1) In Article 15(1)
the words “to the Minister” shall be deleted.
(2) For
paragraphs (2) and (3) of Article 15 there shall be substituted the
following paragraph –
“(2) Where this Article applies,
the application shall be referred to the Minister for Economic Development for
comment, and any comment made by that Minister in respect of the possible
effect of the proposed development on the operation of a harbour or of the airport
shall be taken into account in the determination of the application.”.
12 Article 16
amended
For paragraphs (2) and (3) of Article 16 there shall be
substituted the following paragraph –
“(2) Where this Article applies,
the application shall be referred to the Minister for Transport and Technical
Services for comment, and any comment made by that Minister in respect of any
of the matters specified in paragraph (4) shall be taken into account in
the determination of the application.”.
13 Article 17
amended
For paragraphs (2) and (3) of Article 17 there shall be
substituted the following paragraph –
“(2) Where this Article applies,
the application shall be referred to the relevant Minister, body or person and
any comment made by the Minister, body or person shall be taken into account in
the determination of the application.”.
14 Article 19
amended
(1) For
paragraphs (1) to (7) of Article 19 there shall be substituted the
following paragraphs –
“(1) All
material considerations shall be taken into account in the determination of an
application for planning permission.
(2) In general planning permission shall be
granted if the development proposed in the application is in accordance with
the Island Plan.
(3) Despite paragraph (2), planning
permission may be granted where the proposed development is inconsistent with
the Island Plan, if the Planning Applications Committee is satisfied that there
is sufficient justification for doing so.
(4) Planning permission may be granted –
(a) in detail or in
outline only; and
(b) unconditionally or
subject to conditions which must be specified in the grant of permission.
(5) Planning permission may be refused.
(6) In the case of outline planning permission
granted under paragraph (4)(a) –
(a) matters may be
reserved for further approval; and
(b) where such matters
are reserved, the permission shall specify a period of time within which an application
for approval in relation to such matters must be made (and the provisions of
this Part, except paragraph (4)(a) and this paragraph, shall apply in
relation to that application).
(7) A decision taken under this Article does not
give any person the right to claim compensation in respect of any loss or
damage which the person may suffer as a result of that decision.”.
15 Article 20
amended
(1) In Article 20(2)
for the words “the Minister” there shall be substituted the words
“the Chief Officer, in the required form and manner,”.
(2) For
paragraphs (3) to (5) of Article 20 there shall be substituted the
following paragraphs –
“(2A) Following receipt of an application under paragraph (2),
the Chief Officer may –
(a) determine the
application; or
(b) refer the
application to the Planning Applications Committee for determination by that
Committee.
(3) Where this Article applies by virtue of paragraph (1)(a), planning permission may be granted in the terms sought
by the application (and such grant shall have effect from the date when the
development was undertaken) or it may be refused.
(4) Where this Article applies by virtue of paragraph (1)(b),
a condition of planning permission already granted may be amended in the terms
sought by the application or otherwise (and such amendment shall have effect
from the date when the development was undertaken) or the application may be
refused.
(5) A decision taken under this Article does not
give any person the right to claim compensation in respect of any loss or
damage which the person may suffer as a result of that decision.”.
16 Article 21
amended
(1) In
the heading to Article 21, for the words “Minister may vary,
etc.” there shall be substituted the words “Variation etc.
of”.
(2) In Article 21(2)
for the words “the Minister” there shall be substituted the words
“the Chief Officer, in the required form and manner,”.
(3) For
paragraphs (3) to (5) of Article 21 there shall be substituted the
following paragraphs –
“(3) Following receipt of an
application under paragraph (2), the Chief Officer may –
(a) determine the
application; or
(b) refer the
application to the Planning Applications Committee for determination by that
Committee.
(4) A condition may be removed or varied in the
manner sought by the application, or the application may be refused.
(5) A decision taken 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 decision.”.
17 Article 21A amended
In Article 21A(2) –
(a) for the word “decision-maker” there shall be
substituted the words “Chief Officer”;
(b) in sub-paragraph (b), the words “between the
applicant and the decision-maker” shall be omitted.
18 Article 22
amended
(1) For
the heading to Article 22 there shall be substituted the following heading –
“Reasons to be given for
certain decisions”.
(2) In Article 22(1) –
(a) for the words “the Minister decides” there shall
be substituted the words “a decision is taken”;
(b) for sub-paragraphs (b) to (d) there shall be
substituted the following sub-paragraphs –
“(b) to
grant planning permission whether in detail or in outline, and whether subject
to conditions or not; or
(c) to grant planning
permission for development that is inconsistent with the Island Plan.”.
(3) For
Article 22(2) there shall be substituted the following paragraphs –
“(2) Where this Article applies, full
reasons for the decision shall be given to the applicant in writing by the
decision-maker.
(3) In this Article,
‘decision-maker’ means the Minister, the Chief Officer or, as the
case may be, the Planning Applications Committee.”.
19 Article 22A amended
In Article 22A(1) for the words “, other than by the Planning
Applications Committee” there shall be substituted the words “by
the Chief Officer”.
20 Article 23
amended
(1) In Article 23(1)
for the words “the Minister attaches” there shall be substituted
the word “attached”.
(2) In Article 23(3)
for the words “to the Minister for the Minister’s” there
shall be substituted the word “for”.
(3) In Article 23(4) –
(a) for the words “The Minister may impose a
condition” there shall be substituted the words “A condition may be
imposed”; and
(b) the words “to the Minister” shall be deleted.
(4) In Article 23(5) –
(a) for the words “Action taken by the Minister”
there shall be substituted the words “A decision taken”; and
(b) for the words “that action” there shall be
substituted the words “that decision”.
(5) In Article 23(6) –
(a) the words “the Minister grants” shall be
deleted; and
(b) for the words “that permits” there shall be substituted
the words “is granted for”.
21 Article 24
amended
In Article 24(2) the words “by the Minister” in
each place in which they occur shall be deleted.
22 Article 25
amended
(1) In Article 25(1)
and (12), after the words “the Minister” in each place there shall
be inserted the words “, or (as the case may be) the Chief Officer,”.
(2) In Article 25(7)
the words “by the Minister” shall be deleted.
(3) In Article 25(8)
the words “with the Minister” shall be deleted.
23 Article 26
amended
(1) In
the heading to Article 26, for the words “Minister may
terminate” there shall be substituted the words “Termination
of”.
(2) For
Article 26(2) there shall be substituted the following paragraph –
“(2) Where this Article applies, the
Chief Officer or (as the case may be) the Planning Applications Committee may
serve a notice stating that the planning permission shall cease to have effect
upon the expiration of a further period specified in the notice.”.
(3) In Article 26(4)(c), for the words “in the opinion of the Minister
will” there shall be substituted the words “appears likely
to”.
(4) In Article 26(5),
for the words “The Minister may withdraw the notice” there shall be
substituted the words “The notice may be withdrawn”.
(5) For
Article 26(6) there shall be substituted the following paragraph –
“(6) If the notice is withdrawn,
each person on whom it was served under paragraph (4) shall immediately be
notified of the withdrawal.”.
(6) In Article 26(8) –
(a) for the words “Action taken by the Minister”
there shall be substituted the words “A decision taken”; and
(b) for the words “that action” there shall be
substituted the words “that decision”.
24 Article 27
amended
(1) For
paragraphs (1) to (3) of Article 27 there shall be substituted the
following paragraphs –
“(1) Planning permission to
undertake a building or other operation on land may be revoked or modified at
any time before the building or operation has been completed.
(2) Planning permission to change the use of
land may be revoked or modified at any time before the change of use has been
completed.
(3) The Chief Officer or (as the case may be)
the Planning Applications Committee shall serve notice of any revocation or
modification of planning permission on the owner and (if different) the
occupier of the land.”.
(2) Article 27(5)
shall be deleted.
(3) At
the beginning of Article 27(6) there shall be inserted the words
“Following revocation or modification of planning permission under this
Article,”.
(4) In paragraph (6A), for the word “(6)(a)”
there shall be substituted the word “(6)(b)”.
(5) In Article 27(10) –
(a) for the words “action taken by the Minister”
there shall be substituted the words “a decision taken”; and
(b) for the words “that action” there shall be
substituted the words “that decision”.
25 Article 28
amended
(1) In
the heading to Article 28, for the words “Minister may provide
certificate” there shall be substituted the word
“Certificate”.
(2) In Article 28(1) –
(a) for the words “The Minister” there shall be
substituted the words “The Chief Officer”; and
(b) for the words “granted by the Minister” there
shall be substituted the words “duly granted”.
(3) In Article 28(2)
for the words “granted by the Minister” there shall be substituted
the words “duly granted”.
26 Article 33
amended
In Article 33(1) and (4)(a), the words
“by the Minister” shall be deleted.
27 Article 34
amended
(1) In Article 34(1)
for the word “Minister” there shall be substituted the words “Chief
Officer”.
(2) For
paragraphs (2) to (5) of Article 34 there shall be substituted the
following paragraphs –
“(2) The application shall –
(a) be in the
prescribed form;
(b) contain, or be
accompanied by, such particulars as may reasonably be required to determine the
application; and
(c) be accompanied by
the prescribed fee.
(3) An applicant for building permission under
this Article may be required to provide such further particulars as may
reasonably be necessary to reach a decision in respect of the application.
(4) If the applicant fails to provide within a
reasonable time the particulars required under paragraph (3), the
application may be refused and upon such a refusal no obligation to refund the
prescribed fee shall arise.”.
28 Article 35
substituted
For Article 35 there shall be substituted the following Article –
“35 Grant
of building permission
(1) The provisions of the Building Bye-laws must
be taken into account in the determination of an application for building
permission.
(2) In general building permission must be
granted if the work proposed in the application is in accordance with Building
Bye-laws.
(3) Despite paragraph (2), building permission
may be granted where the proposed work is inconsistent with Building Bye-laws,
if the Chief Officer is satisfied that there is sufficient justification for
doing so.
(4) Building permission may be –
(a) granted unconditionally,
or subject to conditions which must be specified in the grant of permission; or
(b) refused.
(5) A decision taken 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 decision.”.
29 Article 36
substituted
For Article 36 there shall be substituted the following Article –
“36 Reasons
to be given for refusal to grant building permission
Where a decision is taken to
refuse building permission, full reasons for the decision shall be given in
writing.”.
30 Article 37
amended
In Article 37(1) for the words “the Minister
attaches” there shall be substituted the word “attached”.
31 Article 40
amended
(1) In
the heading to Article 40 for the words “Minister may serve an
enforcement notice” there shall be substituted the words
“Enforcement notice”.
(2) In Article 40(1)
for the words “to the Minister” there shall be substituted the
words “to the Chief Officer or to the Planning Applications Committee”.
(3) In Article 40(2) –
(a) for the words “the Minister may serve” there
shall be substituted the words “the Chief Officer or, as the case may be,
the Planning Applications Committee may serve”;
(b) in sub-paragraph (c) the words “to the
Minister” shall be deleted.
(4) In Article 40(3) –
(a) in sub-paragraph (a) the words “to the
Minister” shall be deleted;
(b) in sub-paragraph (b), for the words “the Minister
requires” in each place in which they occur there shall be substituted
the word “required”.
(5) For
paragraph (4) of Article 40 there shall be substituted the following
paragraph –
“(4) Where there has been a breach
of development controls, an action or a decision taken 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 or decision.”.
32 Article 41
amended
In Article 41(3)(b), the words
“the Minister’s” and “to the Minister” shall be
deleted.
33 Article 42
substituted
For Article 42 there shall be substituted the following Article
–
“42 Variation
or withdrawal of enforcement notice
(1) An enforcement notice may be withdrawn.
(2) A requirement in an enforcement notice may
be relaxed or waived, and in particular a period specified in an enforcement
notice may be extended.
(3) Where any power is exercised under paragraph (2),
notice of the relaxation or waiver shall immediately be served on each person
who was served with the enforcement notice.
(4) The withdrawal of an enforcement notice
shall not prejudice a further exercise of the power under Article 40 to
serve another such notice.”.
34 Article 44
amended
In Article 44(4) the words “to the Minister” shall
be deleted.
35 Article 45
amended
(1) In Article 45(1)
for the words “to the Minister” there shall be substituted the
words “to the Chief Officer or to the Planning Applications Committee”.
(2) In Article 45(2)
for the words “the Minister may serve” there shall be substituted
the words “the Chief Officer or, as the case may be, the Planning
Applications Committee may serve”.
(3) In Article 45(3)
the words “by the Minister” and “to the Minister” shall
be deleted.
(4) For
Article 45(4) and (5) there shall be substituted the following paragraphs –
“(4) A stop notice may at any time
be withdrawn by a further notice served on each person who was served with the
stop notice.
(5) The withdrawal of a stop notice shall not
prejudice a further exercise of the power under paragraph (2) to serve
another such notice.”.
(5) In Article 45(9)
for the words “The Minister shall display” there shall be
substituted the words “There shall be displayed”.
(6) For
Article 45(12) there shall be substituted the following paragraph –
“(12) Where there has been a breach of
development controls an action or a decision taken 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 or decision.”.
36 Article 47
amended
(1) For
Article 47(1) there shall be substituted the following paragraph –
“(1) This Article applies where it
appears to the Chief Officer that there has been a failure to comply with a
condition subject to which planning or building permission was granted.”.
(2) In Article 47(2)
for the words “the Minister may serve a notice” there shall be
substituted the words “a notice may be served”.
(3) For
Article 47(3)(b) there shall be substituted the following
sub-paragraph –
“(b) the
steps required to be taken, or the activities required to cease, to secure
compliance with the condition.”.
(4) For
Article 47(5) and (6) there shall be substituted the following paragraphs –
“(5) A condition notice may at any
time be withdrawn by a further notice served on each person who was served with
the condition notice.
(6) The withdrawal of a condition notice shall
not prejudice a further exercise of the power under paragraph (2) to serve
another such notice.”.
37 Article 48
amended
For paragraphs (1) and (2) of Article 48 there shall be
substituted the following paragraphs –
“(1) A person mentioned in paragraph (1A) may apply to the Royal Court for an injunction if it
appears necessary or expedient to that person for an injunction to be granted
to prevent or restrain an actual or apprehended breach of development controls.
(1A) The
persons who may apply for an injunction under paragraph (1) are –
(a) the Chief Officer;
or
(b) in a case where –
(i) the time limit for any appeal has expired, or
(ii) proceedings on an appeal in that case have been concluded,
the Minister.
(2) Paragraph (1) has effect whether or not
the Chief Officer or, as the case may be, the Minister has exercised or is
proposing to exercise any other power under this Part.”.
37A Article 50 amended
In Article 50, in the definition “ “List
of Sites of Special Interest” or “List” ” the
words “by the Minister” shall be deleted.”.
38 Article 51
amended
(1) In
the heading to Article 51, the words “Minister to maintain a”
shall be deleted.
(2) In Article 51(1)
for the word “Minister” there shall be substituted the words
“Chief Officer”.
(3) In Article 51(2) –
(a) for the words “The Minister shall include on the
List” there shall be substituted the words “The List shall
include”; and
(b) for the word “Minister” in the second place in
which it occurs there shall be substituted the words “Chief Officer”.
(4) In Article 51(3) –
(a) for the words “On the List the Minister” there
shall be substituted the words “The List”;
(b) in sub-paragraph (d), for the words “the
Minister’s” there shall be substituted the words “the Chief
Officer’s”.
(5) In Article 51(4)
for the word “Minister” there shall be substituted the words
“Chief Officer”.
(6) Paragraphs
(5) to (7) of Article 51 shall be deleted.
39 Article 52
substituted
For Article 52 there shall be substituted the following Article –
“52 Notice
and procedure for inclusion on, or removal from, the List of Sites of Special
Interest
(1) Except as provided by Article 53, a
building or place shall not be included on or removed from the List of Sites of
Special Interest unless notice of the inclusion or removal has been duly served
in accordance with this Article.
(2) Notice of proposed inclusion on the List –
(i) on the owner of the building or place, or
(ii) (where such service cannot be effected) by being displayed in
a conspicuous position on or near the building or place; and
(b) shall contain a statement to the effect that
a person with an interest in the building or place to which the notice relates
may, no later than 28 days after the date of the notice, make written
representations to the Chief Officer in respect of the proposed inclusion of
the building or place on the List.
(3) A person who without lawful authority
removes or defaces a notice displayed under paragraph (2) shall be guilty
of an offence and liable to a fine of level 2 on the standard scale.
(4) In determining whether or not to include a
building or place on the List –
(a) any representations
made in response to the notice under paragraph (2) shall be taken into
account to the extent that such representations relate to the special interest
of the building or place;
(b) where the building or place falls within the
area of responsibility or concern of any Minister or body or person created by
statute, that Minister, body or person shall be consulted and any
representations made in response to the consultation shall be taken into
account; and
(c) any person
considered to have a particular knowledge of or interest in the building or
place may be consulted and the views of that person may be taken into account.
(5) A further notice of the decision as to
whether or not to include a building or place on the List shall be served on
the owner and (if different) the occupier of the building or place as soon as
practicable after the decision has been made.
(6) Where the Chief Officer is satisfied that
the special interest of a building or place has ceased to exist, the building
or place may be removed from the List, no sooner than 28 days after
service of notice of the intention to do so.
(7) Such notice as mentioned in paragraph (6)
shall be served –
(a) on the owner of the
building or place; or
(b) (where such service cannot be effected) by
being displayed in a conspicuous position on or near the building or place.”.
40 Article 53
substituted
For Article 53 there shall be substituted the following Article –
(1) This Article applies where the Chief Officer
considers it necessary or expedient to restrain –
(a) an actual or
apprehended operation in, on, over or under a building or place suitable for
inclusion on the List; or
(b) an actual or
apprehended change (either permanent or temporary) in the use of such a
building or place,
which, whether or not the operation or change amounts to development,
would adversely affect the special interest of the building or place if it were
included on the List.
(2) Where this Article applies a notice may be
served declaring the building or place to have been provisionally included on
the List, and such notice shall be served –
(a) on the owner of the
building or place; or
(b) (where such service
cannot be effected) by being displayed in a conspicuous position on or near the
building or place.
(3) A person who without lawful authority
removes or defaces a notice displayed under paragraph (2) shall be guilty
of an offence and liable to a fine of level 2 on the standard scale.
(4) On service of a notice under paragraph (2),
details of the building or place shall be entered provisionally on the List,
and shall remain on the List until –
(a) a determination has
been made under Article 52 that the building or place should or should not
be included on the List; or
(b) the expiration of a
period of 3 months beginning with the date of service of the notice under paragraph (2),
whichever is the sooner.”.
41 Article 54
amended
(1) In Article 54(2)(a) for the words “the Minister’s” there
shall be substituted the words “the Chief Officer’s”.
(2) In Article 54(5)(a) the words “by the Minister” shall be
deleted.
(3) In Article 54(6)
for the words “the Minister may attach” there shall be substituted
the word “attached”.
(4) In Article 54(7)
for the words “the Minister may serve on that person a notice”
there shall be substituted the words “a notice may be served on that
person”.
42 Article 55
amended
(1) In Article 55(3)(a) for the words “the Minister’s” there
shall be substituted the words “the Chief Officer’s”.
(2) In Article 55(5) –
(a) in sub-paragraph (a) for the words “a form
required by the Minister” there shall be substituted the words “the
required form”;
(b) in sub-paragraph (b) for the words “the Minister
reasonably requires” there shall be substituted the words
“reasonably required”.
(3) In Article 55(6)
for the words “the Minister may attach” there shall be substituted
the words “which may be attached”.
(4) In Article 55(7)
for the words “The Minister may give permission” there shall be
substituted the words “Permission may be given”.
43 Article 57
amended
In Article 57 in the definition “List of Protected
Trees” or “List”, the words “by the Minister”
shall be deleted.
44 Article 58
amended
(1) In Article 58(1)
for the word “Minister” there shall be substituted the words
“Chief Officer”.
(2) For
paragraph (2) of Article 58 there shall be substituted the following
paragraph –
“(2) The List shall include trees
which the Chief Officer is satisfied should not, in the interests of the
amenity of Jersey, be cut down, lopped, or otherwise altered or harmed without
the Chief Officer’s permission.”.
(3) In Article 58(4)
for the word “Minister” there shall be substituted the words
“Chief Officer”.
(4) Paragraphs
(5) to (7) of Article 58 shall be deleted.
45 Article 59
substituted
For Article 59 there shall be substituted the following Article –
“59 Notice
and procedure for inclusion on, or removal from, the List of Protected Trees
(1) Except as provided by Article 60, a tree
shall not be included on or removed from the List of Protected Trees unless
notice of the inclusion or removal has been duly served in accordance with this
Article.
(2) Notice of proposed inclusion on the List –
(i) on the owner of the land on which the tree is growing, or
(ii) (where such service cannot be effected) by being displayed in
a conspicuous position on or near the tree; and
(b) shall contain a
statement to the effect that any person may make written representations to the
Chief Officer in respect of the proposed inclusion of the tree on the List.
(3) A person who without lawful authority
removes or defaces a notice displayed under paragraph (2) shall be guilty
of an offence and liable to a fine of level 2 on the standard scale.
(4) In determining whether or not to include a
tree on the List –
(a) any representations
made in response to the notice under paragraph (2) shall be taken into
account to the extent that such representations relate specifically to the
proposed inclusion of the tree on the List;
(b) any person
considered to have relevant expert knowledge may be consulted and the views of
that person may be taken into account.
(5) A further notice of the decision as to
whether or not to include the tree on the List shall be served on the owner and
(if different) any occupier of the land on which the tree is growing as soon as
practicable after the decision has been made.
(6) Where –
(a) the tree ceases to
exist; or
(b) the Chief Officer is
satisfied that it is no longer in the interests of the amenity of Jersey that
the tree should be protected,
the tree may be removed from the List, no sooner than 28 days
after service of notice of the intention to do so.
(7) Such notice as mentioned in paragraph (6)
shall be served –
(a) on the owner of the
land on which the tree is or was growing; or
(b) (where such service cannot be effected) by
being displayed in a conspicuous position on or near the tree or place where
the tree is or was growing.”.
46 Article 60
substituted
For Article 60 there shall be substituted the following Article –
“60 Provisional
listing of trees
(1) This Article applies where the Chief Officer
considers it necessary or expedient to restrain the actual or apprehended
removal of, or damage to, a tree suitable for inclusion on the List of
Protected Trees.
(2) Where this Article applies a notice may be
served declaring the tree to have been provisionally included on the List, and
such notice shall be served –
(a) on the owner of the
land where the tree is growing; or
(b) (where such service
cannot be effected) by being displayed in a conspicuous position on or near the
land where the tree is growing.
(3) A person who without lawful authority
removes or defaces a notice displayed under paragraph (2) shall be guilty
of an offence and liable to a fine of level 2 on the standard scale.
(4) On service of a notice under paragraph (2),
details of the tree shall be entered provisionally on the List, and shall
remain on the List until –
(a) a determination has
been made under Article 59 that the tree should or should not be included
on the List; or
(b) the expiration of a
period of 3 months beginning with the date of service of the notice under paragraph (2),
whichever is the sooner.”.
47 Article 61
amended
(1) In Article 61(1),
in each place in which they occur, the words “the Minister’s”
shall be deleted.
(2) In Article 61(3)
for the words “the Minister may attach” there shall be substituted
the word “attached”.
(3) In Article 61(4)
for the words “a species specified by the Minister” there shall be
substituted the words “a specified species”.
48 Article 62
amended
(1) For
the heading to Article 62 there shall be substituted the following heading –
“62 Preservation and
planting of trees in connection with planning permission”.
(2) In Article 62(1)
for the words “The Minister shall, when granting planning permission to
develop land ensure” there shall be substituted the words “A decision-maker
granting planning permission to develop land shall ensure”.
(3) In Article 62(2)
for the words “Also when granting planning permission the Minister
shall” there shall be substituted the words “A decision-maker granting
such permission shall also”.
(4) At
the end of Article 62 there shall be added the following paragraph –
“(3) In this Article,
‘decision-maker’ has the meaning given by Article 22(3).”.
49 Article 66
amended
(1) In
the heading to Article 66 for the words “Minister may serve a dangerous”
there shall be substituted the word “Dangerous”.
(2) In Article 66(1)
for the word “Minister” there shall be substituted the words
“Chief Officer”.
(3) In Article 66(2)
for the words “the Minister may serve a notice” there shall be
substituted the words “a notice may be served”.
(4) In Article 66(4)(a) the words “to the Minister” shall be
deleted.
50 Article 68
substituted
For Article 68 there shall be substituted the following Article –
“68 Variation
or withdrawal of dangerous building notice
(1) A dangerous building notice may be withdrawn.
(2) A requirement (including in particular any
period specified for the undertaking of work) in a dangerous building notice
may be relaxed or waived.
(3) Where any power is exercised under paragraph (2),
notice of the relaxation or waiver shall immediately be served on each person
who was served with the dangerous building notice.
(4) The withdrawal of an dangerous building
notice shall not prejudice a further exercise of the power under Article 66
to serve another such notice.”.
51 Article 72
amended
In Article 72 after the word “Minister” there shall
be inserted the words “or Chief Officer”.
52 Article 76
amended
In Article 76(2)(b) for the words
“the permission of the Minister” there shall be substituted the
word “permission”.
53 Article 78
amended
In Article 78(2) for the words “by the Minister” there
shall be substituted the words “by the Chief Officer”.
54 Article 81
amended
In Article 81(2)(a) for the words
“the permission of the Minister” there shall be substituted the
word “permission”.
55 Article 82
amended
In Article 82(2) for the words “by the Minister” there
shall be substituted the words “by the Chief Officer”.
56 Article 83
amended
In Article 83(1) in the definition “land condition
notice” the words “by the Minister” shall be deleted.
57 Article 84
amended
(1) In
the heading to Article 84 for the words “Minister may require”
there shall be substituted the words “Notice requiring”.
(2) In Article 84(1)
for the word “Minister” in each place in which it occurs there
shall be substituted the words “Chief Officer”.
58 Article 85
amended
(1) In
the heading to Article 85 for the words “Minister may require”
there shall be substituted the words “Notice requiring”.
(2) In Article 85(1)
for the word “Minister” in each place in which it occurs there
shall be substituted the words “Chief Officer”.
59 Article 86
amended
(1) In
the heading to Article 86 for the words “Power of Minister to
require” there shall be substituted the words “Notice
requiring”.
(2) In Article 86(1)
for the word “Minister” in each place in which it occurs there
shall be substituted the words “Chief Officer”.
60 Article 87
amended
(1) In
the heading to Article 87 for the words “Minister may require”
there shall be substituted the words “Notice requiring”.
(2) In Article 87(1)
for the word “Minister” in each place in which it occurs there
shall be substituted the words “Chief Officer”.
61 Article 88
amended
(1) In
the heading to Article 88 for the words “Minister may require”
there shall be substituted the words “Notice requiring”.
(2) In Article 88(1)
for the word “Minister” in each place in which it occurs there
shall be substituted the words “Chief Officer”.
62 Article 89
amended
(1) In
the heading to Article 89 for the words “Minister may take”
there shall be substituted the words “Notice requiring”.
(2) In Article 89(1) –
(a) for the word “Minister” in each place in which
it occurs there shall be substituted the words “Chief Officer”; and
(b) for the words “to dealt” there shall be
substituted the words “to be dealt”.
63 Article 90
amended
(1) In
the heading to Article 90 for the words “Minister may require”
there shall be substituted the words “Notice requiring”.
(2) In Article 90(1)
and (2) for the word “Minister” in each place in which it occurs
there shall be substituted the words “Chief Officer”.
64 Article 92
substituted
For Article 92 there shall be substituted the following Article –
“92 Variation
or withdrawal of land condition notice
(1) A land condition notice may be withdrawn.
(2) A requirement (including in particular any
period specified for the undertaking of work) in a land condition notice may be
relaxed or waived.
(3) Notice of the relaxation or waiver shall
immediately be served –
(a) in a case where the
land condition notice was served on a person, on each person who was served
with the land condition notice; or
(b) in a case where the
land condition notice was served by being conspicuously displayed at a place,
by displaying an amended notice at the same place.
(4) The withdrawal of a land condition notice
shall not prejudice a further exercise of the power to serve another such
notice.”.
65 Article 95
amended
In Article 95 after
the words “by the Minister” there shall be inserted the words
“or Chief Officer”.
66 Article 99
amended
(1) In
the heading to Article 99 for the words “Minister may control”
there shall be substituted the words “Control of”.
(2) In Article 99(1)
for the words “the Minister” there shall be substituted the words
“the Chief Officer”.
(3) For
Article 99(2) there shall be substituted the following paragraph –
“(2) The application shall –
(a) be in the form
required by the Chief Officer;
(b) contain, or be
accompanied by, such particulars as may reasonably be required to determine the
application; and
(c) be accompanied by
the prescribed fee.”.
67 Article 100
amended
In the heading to Article 100 the words “of
Minister” shall be deleted.
68 Article 101
amended
(1) In Article 101(1)
for the words “The Minister may attach conditions” there shall be
substituted the words “Conditions may be attached”.
(2) In Article 101(2)
for the word “imposed” there shall be substituted the word
“attached”.
(3) In Article 101(3)
the words “by the Minister” in each place in which they occur shall
be deleted.
69 Article 108
amended
In Article 108(2) –
(a) in sub-paragraph (a) for the words “, (4) or
(5)” there shall be substituted the words “or (4)”;
(b) in sub-paragraph (i) for the
word “51(5)” there shall be substituted the word “52(6)”;
and
(c) in sub-paragraph (l) for the words “60(5) or
(6)” there shall be substituted the word “59(6)(b)”.
69A Article 116 amended
For paragraph (5) of Article 116 there shall be
substituted the following paragraphs –
“(5) No further appeal shall lie
from the Minister’s determination under this Article except to the Royal
Court on a point of law.
(5A) An appeal
under paragraph (5) must be made within the period of 28 days
beginning with the date of the determination.
(5B) On hearing
the appeal the Royal Court may –
(a) confirm the
determination of the Minister wholly or in part;
(b) quash the
determination of the Minister wholly or in part;
(c) remit the
determination, wholly or in part, to the Minister to be retaken.
(6) The power to make rules of court under
Article 13 of the Royal Court (Jersey) Law 1948 shall include the power to
make rules regulating practice and procedure in relation to appeals under
paragraph (5) of this Article.”.
70 Article 121
amended
(1) In Article 121(3)(b)(ii) the words “the Minister” shall be
deleted.
(2) In Article 121(4)
for the words “the Minister is unable” there shall be substituted
the words “it is not possible”.
71 Citation
and commencement
These Regulations may be
cited as the Planning and Building (Amendment of Law) (Jersey) Regulations 2015
and shall come into force immediately after the coming into force of the Planning
and Building (Amendment No. 6) (Jersey) Law 2014[3].
l.-m. hart
Deputy Greffier of the States