Planning and
Building (Planning Applications Committee – Proceedings) (Jersey)
Order 2015
1 Interpretation
In this Order –
“Committee” means the Planning Applications Committee
established under Article 9A of the Law and Standing Order 141A of
the States of Jersey, and a reference to a member is to a member of that
Committee;
“Law” means the Planning and Building (Jersey) Law 2002, and a reference to an
Article by number and without more is a reference to an Article of the Law.
2 Quorum
etc.
(1) The quorum for
consideration of any particular matter at a meeting of the Committee shall be
3 members who are personally present, one of whom may be the chairman of
the Committee.
(2) If the quorum is
constituted, then (whether for the whole of the meeting or for consideration of
any particular matter at the meeting) –
(a) if
the chairman is present, he or she shall preside; and
(b) in
the absence of the chairman, the members present shall elect one of their
number to preside.
(3) If, in relation to
consideration of any particular matter at the meeting, a quorum is not
constituted, the matter shall be adjourned to the next meeting.
(4) The chairman shall
decide when the Committee is to meet.
3 Determination
in case of equality of votes
(1) Where, on any matter
falling to be determined by the Committee under the Law, an equality of votes
arises at a meeting, the matter shall be deemed to have been determined in the
negative.
(2) In particular, and not
in derogation from the general principle stated in paragraph (1), that
paragraph shall apply so that –
(a) for
the purposes of an appeal under Part 7 of the Law, an application which
relates to a decision (including a refusal) under Article 19, 20 or
21 shall be deemed to have been refused;
(b) no
notice terminating planning permission under Article 26 shall be served;
(c) no
decision shall be taken or deemed to have been taken to revoke or modify
planning permission under Article 27;
(d) no
enforcement notice shall be served under Article 40, or varied or
withdrawn under Article 42;
(e) no
stop notice shall be served under Article 45;
(f) permission
shall not be granted for the display of advertisements under the provisions of
any Order made in pursuance of Article 76;
(g) permission
shall not be granted for the erection, stationing, or use of moveable
structures under the provisions of any Order made in pursuance of Article 81.
(3) In paragraph (2)(a),
reference to an application includes a request for review by the Committee of
an initial decision under Article 22A.
4 Citation
This Order may be cited as the Planning and Building (Planning
Applications Committee – Proceedings) (Jersey) Order 2015.