Planning
and Building (Caravans) (Jersey) Order 2023
1 Interpretation
In this Order –
“application” means an
application for permission under Article 3(2);
“designated camp site” means
a camp site registered under the Tourism (Jersey) Law 1948;
“Law” means the Planning and Building
(Jersey) Law 2002;
“motorhome”
means a motor vehicle described in sub-paragraph (b) of the definition
“caravan” in Article 98 of the Law;
“registered” and
“registration mark”, for the purposes of Articles 5 and 6, are to be construed
in accordance with the Motor
Vehicle Registration (Jersey) Law 1993.
2 Effect of this Order
(1) Article 99
of the Law prohibits the importation or use of a
caravan except in accordance with permission granted by an Order made under
that Article or, if required by an Order made under that Article, by the Chief
Officer.
(2) Accordingly,
for the purposes of Article 99 of the Law, this Order regulates and
restricts –
(a) the importation of a caravan
into Jersey; and
(b) the stationing or use of
a caravan in Jersey.
3 Regulation of
importation and use of caravans
(1) To
the extent permitted by Article 4 or 5, a person may –
(a) import a caravan into
Jersey;
(b) use a caravan in Jersey;
or
(c) station a caravan on land
in Jersey.
(2) In
any other circumstances, an application for permission to import, use or
station a caravan must be made to the Chief Officer by the person for the time
being having the control of or an interest in the caravan.
4 General permission for
temporary importation of caravans into Jersey
(1) This
Article applies if a person brings a caravan into Jersey for a period not
exceeding 31 days.
(2) If
this Article applies, the person does not commit an offence under Article 100
of the Law if –
(a) the conditions in
paragraph (3) are fulfilled; and
(b) the person removes, or
ensures the removal of, the caravan from Jersey before the end of the period of
31 days beginning with the date of its arrival in Jersey.
(3) The
conditions mentioned in paragraph (2)(a) are that –
(a) the total length of the
caravan –
(i) in the case of a motorhome, is no more
than 9.3 metres, and
(ii) in the case of any other
caravan, is no more than 16.5 metres together with any vehicle that is
towing it;
(b) the total width of the
caravan together with any vehicle towing it is no more than 2.3 metres
(excluding side mirrors and indicators);
(c) the caravan is not used
as overnight accommodation for any person, unless –
(i) it is stationed at a designated camp site,
or
(ii) in the case of a
motorhome, it complies with paragraph (4); and
(d) except in the case of a
motorhome, the caravan is not used on a public road in Jersey, unless it is
travelling from the port of entry into Jersey to the camp site following
arrival or travelling from the camp site to the port of departure immediately
before departure.
(4) A
motorhome –
(a) may be stationed in a
place which is not a designated camp site, if it is stationed out of public
view on privately owned land with the knowledge and consent of the owner of the
land; but
(b) must not be used as
overnight accommodation unless it is stationed on a designated camp site.
5 General permission for
caravans registered in Jersey
(1) This
Article and Articles 6 to 12 apply if a person wishes
to keep a caravan in Jersey for a period exceeding 31 days.
(2) If
this Article applies, the person does not commit an offence under Article 100
of the Law if the conditions in paragraph (3) are fulfilled.
(3) The
conditions mentioned in paragraph (2) are that –
(a) the caravan must be
registered and must display, in the manner prescribed under Article 6 of
the Motor Vehicle
Registration (Jersey) Law 1993, a Jersey registration mark;
(b) the caravan must be stationed
at the address at which it is registered and out of public view, unless it is –
(i) being driven or towed on a public road, or
(ii) stationed on a designated
camp site; and
(c) the caravan must not be
used for human habitation or for any purpose relating to overnight
accommodation unless during the period of that use it is stationed on a
designated camp site.
6 Publicity for caravan applications
(1) An
application for permission to import, use or station a caravan otherwise than
in accordance with Article 4 or 5 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 7.
(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) If
a person disposes of a registered caravan, whether for value or otherwise, and
fails to inform the Chief Officer, in writing, of the fact and date of the
disposal, nothing in this Article is to be taken as protecting the person from
liability under Chapter 7 of Part 6 of the Law (controls on
caravans).
7 Applicant to display
site notice
(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 any photographic evidence provided under paragraph (4) is
taken to form part of the application to which the site notice relates.
8 Written representations
in respect of caravan applications
(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 6, or
(ii) the date on which the
site notice is first displayed in accordance with Article 7(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.
9 Grant of permission to
use or station a caravan
(1) When
considering an application, the Chief Officer –
(a) must take into account
all representations made;
(b) must take into account
all material considerations, including the effect that the proposed use or
stationing of the caravan would have on the environment generally and in
particular on the environment of a protected site or conservation area; and
(c) must not grant permission
for a caravan to be used or stationed in a way which would be inconsistent with
the Island Plan, unless the Chief Officer has been satisfied by the applicant
that there is sufficient reason for doing so.
(2) The
Chief Officer may –
(a) grant permission to use
or station a caravan on land, unconditionally or subject to conditions; or
(b) refuse to grant the
permission sought.
(3) In
this Article, “protected site” means –
(a) a site of special
interest; or
(b) a building included on a
register published by the Minister of buildings of architectural,
archaeological or historic interest.
10 Conditions which may be
attached to a grant of permission
For the purposes of
Article 101 of the Law, a condition attached by the Chief Officer to the
grant of permission under Article 9 must fairly and reasonably relate to
the proposed use or stationing of the caravan and may, in particular –
(a) control the type of
caravan which may be used or stationed on the land in question;
(b) regulate the position in
which the caravan is 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 caravan.
11 Grant of permission for
caravan already stationed
(1) Following
an application made to the Chief Officer, the Chief Officer may grant
permission to station a caravan where the caravan has already been stationed on
land –
(a) without permission; or
(b) without complying with a
condition subject to which permission has been given.
(2) The
Chief Officer may grant permission under paragraph (1) to have effect from
the date on which the caravan was first stationed on the land.
12 Revocation and
modification of permission
(1) The
Chief Officer may revoke or modify permission given under this Order, by giving
at least 7 days’ notice in writing to the person for the time being having the control of or an interest in the caravan to
which the permission relates.
(2) If
permission is revoked under paragraph (1), the person for the time being
having the control of or an interest in the caravan must remove the caravan or
cause it to be removed before the end of the period specified in the notice.
(3) If
a notice under paragraph (1) requires a modification to be made in respect
of a caravan, 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) 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.
13 Citation and commencement
This Order may be cited as the Planning and Building (Caravans)
(Jersey) Order 2023 and comes into force 7 days after it is made.