Planning and
Building (Application Publication) (Jersey) Order 2006
1 Interpretation
In this
Order –
“by
local advertisement”, in respect of an application for planning
permission, means in a manner –
(a) that
is likely to bring the application to the attention of the public of Jersey;
(b) that
advises members of the public of Jersey where they may obtain further details
of the application; and
(c) that
advises members of the public of Jersey of the manner in which they may provide
representations to the Chief Officer in respect of the application;
“by site display”,
in respect of a notice, means by the posting of the notice by firm affixture to
some object, sited and displayed in such a way as to be easily visible and
legible by members of the public;
“Law” means
the Planning and Building
(Jersey) Law 2002.[2]
2 Publicity
for applications for planning permission
(1) An
application for planning permission made under Article 9 of the Law must
be publicized in accordance with this Article.
(2) All
applications for planning permission will be publicized by local advertisement.[3]
(3) An
application for planning permission must also be publicized by the applicant
giving requisite notice by site display in at least one place on or near to the
land or building to which the application relates.
(4) The
notice –
(a) must
be displayed within 3 days of the applicant receiving an acknowledgement of the
receipt of the application; and
(b) must
be displayed for at least 21 days.[4]
(5) In
paragraph (3) “requisite notice” means notice in the form set
out in Schedule 1 or in a form substantially to the like effect.
(6) This
Article does not apply to any change in an application for planning permission
where the Chief Officer has advised the applicant that the change is so minor
that the change does not need to be publicized in accordance with this Article.[5]
3 Evidence
of compliance
(1) For
the purpose of Article 11(3) of the Law, evidence of compliance with
Article 2(3) shall be by requisite notice given to the Chief Officer
accompanied by a copy of the relevant site notice displayed by the applicant.[6]
(2) For
the purposes of Article 10 of the Law, a notice given under paragraph (1)
and the site notice accompanying it are part of an application for planning
permission.
(3) In
paragraph (1) “requisite notice” means notice in the form set
out in Schedule 2 or in a form substantially to the like effect.
4 Providing
representations in respect of planning applications
(1) Except
as provided by paragraph (4) or (8), any representation in respect of a
planning application must be provided within 21 days of the
application –
(a) first
being publicized by local advertisement in accordance with Article 2(2);
or
(b) first
being publicized by site display by the applicant in accordance with Article 2(3),
whichever is the later.[7]
(2) A
representation must be provided in writing and must contain the name of the
person providing the representation and details of how the person may be contacted.
(3) It
may contain such other information as the person providing the representation
considers appropriate.
(4) If
the Chief Officer considers that it would be in the public interest to do so,
the Chief Officer may extend the period of 21 days mentioned in paragraph (1)
by such further period as the Chief Officer consider appropriate.[8]
(5) The
Chief Officer may do so before or at any time after the end of the period of 21
days.[9]
(6) For
the purpose of Article 11(3) of the Law, the period during which an
application for planning approval must be publicized ends –
(a) at
the end of the period of 21 days mentioned in paragraph (1); but
(b) if
the Chief Officer extends that period in accordance with paragraph (4) –
at the end of the extended period.[10]
(7) Paragraph (8)
applies if, before the expiry of the period within which representations may be
made under this Article, a public inquiry is announced in respect of the
planning application, in accordance with the Planning and Building
(Public Inquiries) (Jersey) Order 2008.[11]
(8) A
representation made after the announcement of a public inquiry shall be made
under that Order, and not under this Article.[12]
5 Citation
This Order may be cited
as the Planning and Building (Application Publication) (Jersey) Order 2006.