Royal Court
(Amendment No. 19) Rules 2015
Made 27th May 2015
Coming into force 28th
May 2015
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
(1) In
Part 15 of the principal Rules the following provisions shall be
deleted –
(a) in
Rule 15/1(2) –
(i) in the definition
of “modified procedure” the words “in relation to a planning
appeal means the procedure set out in paragraphs (2), (3) and (4) of Rule 15/3B,
and,”,
(ii) in the definition
of “ordinary procedure” the words “a planning appeal
or”,
(iii) the definition of
“planning appeal”;
(b) in
Rule 15/2(1)(a) the words “a planning appeal or”;
(c) Rule 15/2(1)(b);
and
(d) Rules 15/3(1A),
15/3A, 15/3B, 15/3C and 15/3D.
(2) In
Rule 15/2(1)(c) of the principal Rules, for the words
“Schedule 4B” there shall be substituted the words
“Schedule 4A”.
3 Part
15A inserted
After Part 15 of the principal Rules there shall be inserted
the following Part –
“PART 15A
APPEALS UNDER THE PLANNING
AND BUILDING (JERSEY) LAW 2002
15A/1 Application
of Part 15A and interpretation
(1) This Part applies to an appeal to the Royal
Court on a point of law under Article 12(6) or Article 116(5) of the
Planning and Building (Jersey) Law 2002[3].
(2) In this Part, unless the context otherwise
requires –
(a) ‘appeal’ means an appeal to
which this Part applies (and ‘appellant’ shall be construed
accordingly);
(b) ‘determination’ means the
determination by the Minister under the Planning and Building (Jersey)
Law 2002 to which the appeal relates;
(c) ‘Minister’ means the Minister
for Planning and Environment;
(d) a party includes a person served or to be
served by direction of the Court under Rule 15A/2(8);
(e) a person affected by the determination –
(i) in
relation to an appeal under Article 12(6) of the Planning and Building
(Jersey) Law 2002, is any person (other than the appellant) who is a third
party,
(ii) in
relation to an appeal under Article 116(5) of the said Law, is any person
(other than the appellant or the Greffier) to whom the Minister was required
under Article 116(3) of the said Law to give notice of his or her
determination;
(f) ‘third party’ means a
person who –
(i) has
an interest in, or is resident on, land any part of which lies within
50 metres of any part of the site to which the determination related, and
(ii) prior
to the determination, made a representation in writing in respect of it.
15A/2 Procedure
on an appeal
(1) An appeal shall be brought by serving
through the Viscount a notice of appeal in the form set out in Schedule 4B.
(2) The notice of appeal must set
out –
(a) the name and address for service of the
person bringing the appeal;
(b) the interest of the person bringing the
appeal;
(c) the nature and content of the determination
(and a copy of any written reasons given for the determination must be
included); and
(d) the point of law involved.
(3) The appellant shall not, except with the
leave of the Court, be entitled to rely on any point of law as a ground of
appeal unless it is specified in the notice of appeal.
(4) The notice of appeal must be served on the
Minister and on all persons affected by the determination.
(5) The person bringing the appeal must within
2 days after service of the notice of appeal furnish a copy of the notice
to the Greffier together with a copy of the record of the Viscount certifying
that the notice has been duly served.
(6) Within 5 days of receiving the notice
of appeal the Greffier shall inform the parties that a date is to be fixed for
a directions hearing and, in consultation with the parties, shall fix a date
for the hearing.
(7) At the hearing the Greffier shall give
directions –
(a) for the lodging of written submissions and
any other material by the parties; and
(b) for the hearing and disposal by the Court of
the appeal.
(8) If at any stage the Court is of opinion that
any person who ought to have been served has not been served, the Court may
adjourn the appeal on such terms (if any) as it may direct in order that that
person may be served.
(1) Subject to paragraph (2) the Court may
allow a party to withdraw a notice or anything else under this Part on such
terms as to costs or otherwise as may be just.
(2) An appeal may not be withdrawn unless all persons
served have been given an opportunity to be heard.”.
4 Part
17 amended
In Rule 17/3(1) of the principal Rules –
(a) in
sub-paragraph (f) the words “Article 11(5) or (7) of the Island
Planning (Jersey) Law 1964,” shall be deleted;
(b) for
sub-paragraph (k) there shall be substituted the following
sub-paragraph –
“(k) the grant of the applications
for the registration of –
(i) a
planning obligation under Article 25(15), and
(ii) an
agreement modifying or discharging a planning obligation under Article 25(16),
of the Planning and Building
(Jersey) Law 2002;”.
5 Schedule 4A
deleted
Schedule 4A to the principal Rules shall be deleted.
6 Schedule 4B
renumbered; new Schedule 4B inserted
(1) Schedule 4B
to the principal Rules shall be renumbered as Schedule 4A.
(2) After
the renumbered Schedule 4A to the principal Rules there shall be inserted
Schedule 4B set out in the Schedule to these Rules.
7 Citation
and commencement
These Rules may be cited as the Royal Court (Amendment No. 19)
Rules 2015 and shall come into force on the day after they are made.
m. thompson
Master of the Royal Court