Planning and
Building (Moveable Structures) (Jersey) Order 2006
1 Interpretation[1]
In this Order –
“application” means an application made in accordance
with Article 3(2) or Article 9(1);
“decision-maker” means the Chief Officer or, as the case
may be, the Planning Applications Committee;
“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 Application[2]
This Order applies to a
moveable structure, other than a caravan, that is to remain on the same land for
28 days or more in any period of 12 consecutive months.
3 Permission
required to erect or station a moveable structure on
land
(1) A
person must not erect or station on land a movable structure to which this
Order applies except with and in accordance with the permission of the decision-maker.[3]
(2) An
application for permission must be made to the Chief Officer by the occupier of
the land and (if different) by the owner of the land.[4]
4 Publicity
for applications[5]
(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 5.
(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.
5 Applicant to display site
notice[6]
(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.
6 Written
representations in respect of applications[7]
(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 4(2), or
(ii) the
date on which the site notice is first displayed in accordance with
Article 5(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.
7 Grant
of permission to erect or station a moveable
structure
(1) When
considering an application the decision-maker –
(a) will
take into account all representations made to the Chief Officer; and
(b) will
also take into account all material considerations including the effect the
proposed moveable structure would have on the environment generally and in
particular on the environment of any protected site; and
(c) will
not grant permission to erect or station a moveable structure 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.[8]
(2) The
decision-maker may –
(a) grant
permission to erect or station a moveable structure on land unconditionally or
subject to conditions; or
(b) refuse
to grant the permission sought.[9]
8 Conditions
attached to the grant of permission to erect or station a moveable
structure
The conditions the decision-maker
may attach to the grant of permission to erect or station a moveable structure
on land will fairly and reasonably relate to the proposed erection or
stationing of the moveable structure and may, in particular –
(a) control
the type of movable structure that may be erected or stationed on the land;
(b) regulate
the position in which the movable structure is erected or stationed on the
land;
(c) require
measures be taken to prevent and detect the outbreak of fire;
(d) require
that adequate sanitary and other facilities, services and equipment are
available for the use of people using the movable structure.[10]
9 Grant
of permission for moveable structure already erected or stationed[11]
(1) The
decision-maker may, on an application made to the Chief Officer, grant permission
to erect or station a moveable structure on land where the moveable structure
is already erected or stationed on the land –
(a) without
permission; or
(b) without
complying with a condition subject to which permission was given.[12]
(2) The
decision-maker may grant permission under paragraph (1) to have effect
from the date the moveable structure was erected or stationed on the land.[13]
10 Revocation
and modification of permission
(1) The
decision-maker may revoke or modify permission given under this Order by giving
the occupier of the land to which it relates at least 7 days written notice.[14]
(2) If
permission is revoked in accordance with paragraph (1), the occupier of
the land must remove the moveable structure or cause it 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 a moveable structure, the 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 given under this Order as if it
were a decision to revoke or modify planning permission.[15]
11 Citation
This Order may be cited
as the Planning and Building (Movable Structures) (Jersey) Order 2006.