Arrangement

SCHEDULE   7

THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 13 of the Royal Court (Jersey) Law 1948[1] and Article 107 of the Planning and Building (Jersey) Law 2002[2], has made the following Rules –

“ ‘modified procedure’ in relation to a planning appeal means the procedure set out in paragraphs (2), (3) and (4) of Rule 15/3B;

‘ordinary procedure’ in relation to a planning appeal means the procedure set out in paragraphs (2), (3) and (4) of Rule 15/3;

‘planning appeal’ means an appeal under Part 7 of the Planning and Building (Jersey) Law 2002 and ‘appellant’ in relation to such an appeal shall be construed accordingly;”.

“(1A) When paragraph (1) has been complied with in relation to a planning appeal, Rule 15/3A shall apply to the remaining procedural steps in the appeal.”.

“15/3A  Planning appeals

(1)     Within 5 days of the respondent having complied with Rule 15/3(1) the Greffier shall consider the notice of appeal and the respondent’s affidavit and any accompanying documents and, having regard to –

(a)     the nature and complexity of the issues raised;

(b)     the questions of law (if any) involved;

(c)     the extent to which any matter of pubic interest may arise in the proceedings; and

(d)     any other circumstances of the appeal,

shall, subject to Rule 15/3C, notify the parties in writing whether the Greffier is minded to treat the appeal as an appeal to be dealt with under the ordinary procedure or under the modified procedure and shall give the parties the opportunity to make written representations in that regard within such time as the Greffier may determine.

(2)     The Greffier shall consider any such representations and determine whether the appeal is to be dealt with under the ordinary procedure or under the modified procedure.

(3)     The appeal shall then proceed in accordance with that determination, but paragraph (2) does not affect the power of the Court at any stage of the proceedings of its own motion or on the application of any of the parties to order that the appeal be dealt with under whichever procedure the Court thinks fit.

15/3B  Modified procedure in planning appeals

(1)     If the Greffier determines that a planning appeal is to be dealt with under the modified procedure, the Greffier shall give such directions as the Greffier thinks fit with a view to bringing the appeal on for hearing at the earliest opportunity.

(2)     Not less than 14 days before the hearing of the appeal, the appellant must furnish to the Court (and serve upon the other parties to the appeal) a written statement of the submissions that the appellant will make at the hearing concerning the issues in dispute in the appeal.

(3)     Not less than 7 days before the hearing of the appeal the respondent must furnish to the Court (and serve upon the other parties to the appeal) a written statement of the submissions that the respondent will make at the hearing concerning the issues in dispute in the appeal.

(4)     An appellant may, at the hearing of the appeal, appear and be heard by a representative who, if not an advocate, shall be –

(a)     a solicitor (écrivain) of the Royal Court;

(b)     an architect registered under the Architects (Jersey) Law 1954[4]; a member of the Royal Institution of Chartered Surveyors or a member of the Royal Town Planning Institute; or

(c)     a person approved by the Greffier or by the Bailiff as a person appropriate to represent the appellant.

(5)     The Minister may, at the hearing of the appeal, appear and be heard by a senior officer of the Planning and Environment Department authorized by the Minister for that purpose.

(6)     Provision may be made by practice directions in respect of the mode and duration of hearings of, and awards of costs in, planning appeals under the modified procedure.

15/3C  Planning appeals ‘on the papers’

(1)     When, in accordance with paragraph (1) of Rule 15/3A, the Greffier has considered the notice of appeal and the respondent’s affidavit and any accompanying documents and has had regard to the matters referred to in sub-paragraphs (a) to (d) of that paragraph, the Greffier may, if the requirements of paragraph (2) are met, consider and determine the appeal on the basis of the documents filed with the Court and without oral arguments by the parties.

(2)     The requirements of this paragraph are that –

(a)     the appellant has in the notice of appeal stated that the appellant does not require an oral hearing of the appeal;

(b)     the Greffier has notified the parties in writing that the Greffier is minded to consider and determine the appeal under paragraph (1) and has given them the opportunity to make representations in that regard; and

(c)     the Greffier has considered any such representations.

(3)     If the Greffier decides to consider and determine the appeal under paragraph (1), the Greffier may give such directions to the parties as may be necessary for the filing of further written statements or submissions.

(4)     Provision may be made by practice directions in respect of awards of costs in relation to planning appeals considered and determined in accordance with this Rule.”.

“SCHEDULE 4a

(Rule 15/2(1))

FORM OF NOTICE OF APPEAL UNDER THE PLANNING AND BUILDING (JERSEY) LAW 2002