Planning and
Building (Application Publication) (Jersey) Order 2023
1 Interpretation
In this Order –
“application”
means an application for planning permission in accordance with Article 9
of the Law (and includes an application under Article 20 or 21 of the Law);
“Law” means the Planning
and Building (Jersey) Law 2002.
2 Publicity for applications
(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 3.
(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.
3 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.
4 Written
representations in respect of planning 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 2(2), or
(ii) the
date on which the site notice is first displayed in accordance with Article 3(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.
5 [1]
6 Citation
and commencement
This Order may be cited as
the Planning and Building (Application Publication) (Jersey) Order 2023 and
comes into force 7 days after it is made.