Royal Court
(Amendment No. 5) Rules 2007
Made 22nd March 2007
Coming into force 1st
April 2007
THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 13 of
the Royal Court (Jersey) Law 1948[1], has made the following
Rules –
1 Interpretation
In these Rules, “principal Rules”
means the Royal Court Rules 2004[2].
2 Part
15 amended
After Rule 15/3C of the principal Rules there shall be inserted the
following Rule –
“15/3D Planning
appeals by third parties
(1) This Rule applies to an appeal under Article
114 of the Planning and Building (Jersey) Law 2002.
(2) In this Rule ‘respondent’s
affidavit’ means the affidavit filed by the respondent in accordance with
Rule 15/3(1).
(3) The appellant shall, when the notice of
appeal is served on the respondent in accordance with Rule 15/2(1), cause a
copy of it to be served on the person to whom planning permission was granted
(hereinafter referred to as ‘the applicant’).
(4) The respondent shall, when the
respondent’s affidavit is served on the appellant, cause a copy of it to
be served on the applicant.
(5) Within 14 days of receiving the copy of the
respondent’s affidavit, the applicant –
(a) must inform the Greffier in writing whether
or not the applicant wishes to be heard at the appeal; and
(b) may lodge with the Greffier and cause to be
served on the appellant an affidavit setting out anything relevant to the
determination of the appeal not contained in the respondent’s affidavit.
(6) An applicant who informs the Greffier that
he or she wishes to be heard at the appeal shall thereupon be joined as a party
to the appeal.
(7) In an appeal to which this Rule
applies –
(a) Rule 15/3A shall have effect as if the
reference in paragraph (1) of that Rule to the respondent having complied
with Rule 15/3(1) were a reference to the applicant (if the applicant has
informed the Greffier that he or she wishes to be heard at the appeal) having
lodged an affidavit under paragraph (5)(b) of this Rule or the time within
which to do so having expired;
(b) subject to sub-paragraph (c), Rule
15/3B applies to such an applicant as it applies to the respondent;
(c) Rule 15/3B(4) applies to such an
applicant as it applies to the appellant;
(d) in Rule 15/3C ‘respondent’s
affidavit’ includes an affidavit lodged under paragraph (5)(b) of this Rule;
and
(e) Rule 15/4 shall be taken to empower the
Court to allow such an applicant on terms as to costs or otherwise to file
supplementary affidavits.”.
3 Schedule
4 amended
In Schedule 4 to the principal Rules, for the words
“apply to the Bailiff’s Secretary on the day of” there shall
be substituted the words “apply to the Bailiff’s Secretary
at a.m./p.m.
on”.
4 Schedule
4A substituted
For Schedule 4A to the principal Rules there shall be substituted
the Schedule set out in the Schedule to these Rules.
5 Citation
These Rules may be cited as the Royal Court (Amendment No. 5)
Rules 2007 and shall come into force on 1st April 2007.
j.G.P. wheeler
Master of the Royal Court