Planning and
Building (Display of Advertisements) (Jersey) Order 2006
1 Interpretation[1]
In this Order –
“application” means an application to display an
advertisement made in accordance with Article 2(1)(b) or Article 7(1);
“decision-maker” means the Chief Officer or, as the case
may be, the Planning Applications Committee;
“ground floor level”, in respect of a building, means
the level immediately below the first floor of the building to the ground
level;
“ground level” –
(a) in
respect of a building, means the level of the surface of the ground immediately
adjacent to the building;
(b) in
respect of an advertisement that is not displayed on a building, means the
level of the surface of the ground on which the advertisement or the structure
supporting the advertisement is situated;
“Law” means the Planning and Building (Jersey) Law 2002;
“protected site” means –
(a) a
site of special interest, as defined in Article 50 of the Law; or
(b) a
conservation area designated by the Minister under Article 56A of the Law.
2 Permission
required for the display of advertisements
(1) A
person must not display an advertisement on a building or land except with and
in accordance with the permission granted –
(a) by
Article 10; or
(b) on an
application made to the Chief Officer by that person and (if different) by the
owner of the building or land on which the advertisement is to be displayed.[2]
(2) A
person is not displaying an advertisement in accordance with permission if when
doing so the person fails to comply with any condition subject to which that
permission was granted.[3]
3 Publicity for applications[4]
(1) An application must be
publicised –
(a) by
the Chief Officer, in accordance with paragraph (2) of this Article; and
(b) by
the applicant, in accordance with Article 4.
(2) The Chief Officer must
cause notice of an application to be published, including by publication on a
website maintained by the Minister for that purpose, in a manner
that –
(a) is
likely to bring the application to the attention of the public;
(b) advises
members of the public where they may obtain further details of the application;
and
(c) advises
members of the public of the manner in which they may provide representations
to the Chief Officer in respect of the application.
(3) Paragraph (1) does
not apply in relation to a change made to an application, if the Chief Officer
is of the opinion that the change is a marginal change which does not need to
be publicised.
4 Applicant to display site notice[5]
(1) After receiving an
application, the Chief Officer must send to the applicant a site notice in a
form that the Chief Officer provides for this purpose.
(2) The applicant must, as
soon as practicable after receiving a site notice, display the site notice on
the land or building to which the application relates.
(3) For the purpose of
compliance with paragraph (2), the site notice must be –
(a) firmly
fixed to an object, signpost or board;
(b) displayed
in the same location for at least 21 consecutive days;
(c) clear
and legible; and
(d) if
practicable, capable of being read from a public place which adjoins or is
closely adjacent to the land.
(4) The applicant
must –
(a) certify,
in a form that the Chief Officer provides for this purpose, that the site
notice has been displayed in accordance with this Article; and
(b) provide
to the Chief Officer photographic evidence of the display of the site notice.
(5) For the purposes of the
offence specified in Article 10(1) of the Law, a certificate and notice
provided under paragraph (4) is taken to form part of the application for
planning permission to which the notice relates.
5 Written
representations in respect of applications[6]
(1) During the relevant
period, any person may send to the Chief Officer a written representation in
relation to the application.
(2) A written
representation must contain the name and contact details of the person
providing the representation.
(3) If, before the expiry
of the relevant period, a public inquiry is announced in respect of the
application, any written representations received by the Chief Officer are to
be treated, under the Planning and Building
(Public Inquiries) (Jersey) Order 2008, as representations for the
purposes of the inquiry.
(4) In this Article,
“relevant period” means –
(a) the
period comprising 21 consecutive days beginning with whichever is the
later of –
(i) the
date of publication of the notice in accordance with Article 3(2), or
(ii) the
date on which the site notice is first displayed in accordance with
Article 4(2), or
(b) if
the Chief Officer considers that it would be in the public interest, a longer
period that the Chief Officer considers appropriate.
6 Grant
of permission to display an advertisement
(1) When
considering an application the decision-maker –
(a) will
take into account all representations made to him or her; and
(b) will
also take into account all material considerations including the effect the
proposed advertisement would have on the environment generally and in
particular on the environment of any protected site; and
(c) will
not grant permission to display an advertisement in a way that is inconsistent
with the Island Plan unless he or she has been satisfied by the applicant that
there is sufficient justification for doing so.[7]
(2) The
decision-maker may –
(a) grant
permission to display an advertisement on a building or land unconditionally or
subject to conditions; or
(b) refuse
to grant the permission sought.[8]
7 Grant
of permission for advertisement already displayed[9]
(1) The
decision-maker may, on an application, grant permission for the display of an
advertisement on a building or land where the advertisement was already being
displayed –
(a) without
permission; or
(b) without
complying with a condition subject to which permission for the display of the
advertisement was given.[10]
(2) The
decision-maker may grant permission under paragraph (1) to have effect
from the date the advertisement was first displayed.[11]
8 Conditions
attached to the grant of permission to display an advertisement
The conditions which may
be attached to the grant of permission to display an advertisement on a
building or land will fairly and reasonably relate to the proposed display of
the advertisement and may, in particular, relate to all or any of the
following –
(a) the
dimensions, design, structure or external appearance of the advertisement;
(b) the
materials to be used in the construction of the advertisement;
(c) the
position where the advertisement may be sited on the building or land;
(d) any
illumination of the advertisement.[12]
9 Permission
to display advertisement attaches to land
(1) The
grant of permission to display an advertisement inures (except insofar as the
permission otherwise provides) for the benefit of the building or land on which
the advertisement is displayed and of each person for the time being having an
estate or interest in that building or land.
(2) A
condition attached to the grant of permission to display an advertisement on a
building or land binds and is enforceable against a person for the time being
having an estate or interest in that building or land.[13]
10 Approved
advertisements
(1) Subject
to the provisions of this Order, permission is hereby granted for the display
of an advertisement described as an approved advertisement in Schedule 1.
(2) The
permission granted by paragraph (1) for the display of an approved
advertisement is subject to any relevant exceptions, limitations or condition
specified in Schedule 1 in respect of that advertisement.
(2A) An
approved advertisement must be maintained in a manner which does not impair the
visual amenity of the premises on which the advertisement is placed or the
surrounding area.[14]
(2B) Any
hoarding or similar structure used to display an approved advertisement must be
maintained in a manner which does not interfere with public safety.[15]
(3) This
Article does not apply in respect of a protected site.
11 Directions
restricting approved advertisements
(1) This
Article applies where the Minister is satisfied that in respect of a particular
building or area of land it is expedient that approved advertisements of a
class specified in Schedule 1 should not be displayed on the building or
area of land unless permission is granted by the decision-maker on an
application made to the Chief Officer.[16]
(2) The
Minister may give a direction that the permission granted by Article 10
shall not apply in respect of the building or area of land to the display of
advertisements of the class specified in the direction.
(3) The
Minister will serve notice of a direction given under paragraph (2) on the
owner and occupier (if different) of the building or land to which it applies.
(4) A
direction under paragraph (2) has effect from the service of the notice on
the owner of the building or land in accordance with paragraph (3).
12 Revocation
and modification of permission
(1) Permission
to display an advertisement (including permission given by Article 10) may
be revoked or modified by giving the owner of the land on which the
advertisement is displayed at least 28 days written notice.[17]
(2) If
permission to display an advertisement is revoked in accordance with paragraph (1)
the owner of the building or land must remove the advertisement or cause the
advertisement to be removed before the end of the period specified in the
notice.
(3) If
a notice under paragraph (1) requires any modification to be made to or in
respect of an advertisement that modification must be made before the end of
the period specified in the notice.
(4) Articles 27(6) to
(10) and 108 of the Law (in respect of compensation and appeals) shall apply to
a decision to revoke or modify permission to display an advertisement as if it
were a decision to revoke or modify planning permission.[18]
13 Citation
This Order may be cited
as the Planning and Building (Display of Advertisements) (Jersey)
Order 2006.