Planning and Building (Jersey) Law 2002: Proposed Amendment

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A decision made on 18 January 2010 to endorse a proposed amendment to the Planning and Building (Jersey) Law 2002

Decision Ref:	MD–PE–2010-0002
Subject:	Planning and Building (Jersey) Law 2002, as amended: proposed amendment (no.6) - law drafting instructions
Decision Summary Title:	DS - p&b(j)l amend 6 - ld instructions
DS Author:	Assistant Director
DS Date:	14 January 2010	DS Status:	Public
Written Report Title:	WR – p&b(j)l amend 6 - ld instructions
WR Author:	Director and Assistant Director of Planning
WR Date	14 January 2010	WR Status:	Public
Oral Rapporteur:	Assistant Director of Planning
Decision(s):	The Minister for Planning and Environment: noted and endorsed the proposed amendment of the Planning and Building (Jersey) Law, 2002, and the justifications for so doing; request the Law Draftsman to prepare an amendment of the Planning and Building (Jersey) Law, 2002 to effect the desired changes, in addition to those already under consideration, on the basis of a drafting brief to be provided by the Department.
Reason(s) for Decision:	The proposed amendment seeks to address current deficiencies and desirable change in the primary Law.
Legal and Resource Implications:	Legal implications relate to an amendment of primary Law. This proposed amendment is not contained within any programme of Law drafting but existing amendments are already in train.
Action required:	The Director/ Assistant Director of Planning to liaise with the Law Draftsman to secure law drafting time to incorporate these proposed amendments into the ongoing amendment of the Planning and Building (Jersey) Law, 2002.
Signature:		Date of SMT approval:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Planning and Building (Jersey) Law 2002: Proposed Amendment

PLANNING AND ENVIRONMENT

Planning and Building (Jersey) Law 2002, as amended

Proposed amendment (no.6): law drafting instructions

Purpose of the Report

This report enables the Minister to consider the potential amendment of the Planning and Building (Jersey) Law 2002 to address what are considered to be desirable changes and deficiencies in the current Law.

Background

On 13 October 2009, the Minister for Planning and Environment approved drafting instructions for the amendment of the Planning and Building (Jersey) Law 2002 (MD-PE-2009-0135). Since then, work has been undertaken to give effect to some of these proposed revisions e.g. P189/2009 Draft Planning and Building (Amendment no.5)(Jersey) Law 200- relating to the ability of States members to amend the Island Plan. Others are being and remain to be considered by the Law Draftsman.

In the meantime, a number of other issues have emerged where further minor amendment to the principal Law would be considered advantageous and desirable by the Minister, as set out below:

Listed buildings

As part of the review of the Historic Environment protection regime, the Minister for Planning and Environment wishes to give legal effect to the term ‘Listed building’ to identify buildings and places of special archaeological, architectural, artistic, historical, and traditional interest.

In this respect, it is also considered timely and appropriate to replace the ‘traditional’ basis for listing buildings and places with the word ‘cultural’, which provides a broader definition and which may be applied to an assessment of buildings and places that have some social significance of public importance.

It is also considered appropriate to distinguish this from Sites of Special Interest which would be designated on the basis of their special zoological, ecological, botanical or geological interest. In this respect, the scientific basis for Listing would also seem to most appropriately sit with Sites of Special Interest and not Listed buildings.

The process for designation and for provisional listing would remain the same for both forms of ‘Listing.

In view of the archaeological basis for the designation of some Listed buildings and places, it is also considered appropriate that the follow activities be restricted on these sites, as these provisions only apply to SSIs of zoological, ecological, botanical or geological interest presently:

Those activities are –

(d) to dig a hole or make an excavation;

(e) to remove sand, stone, gravel, earth or rock; or

(f) to tip earth, rock or waste material.

Development Orders

There is presently no right of appeal against a Notice issued under Article 4: Directions restricting permitted development, of the Planning and Building (General Development)(Jersey) Order 2008, as permitted by Article 8 of the principal Law. It is considered appropriate that legal advice is sought about the necessity for this and, if appropriate, its amendment in the Planning and Building (Jersey) Law 2002 at Article 117: Appeal against service or terms of certain notices, etc to give effect to an appeal provision.

Legal and financial implications

Legal implications relate to an amendment of primary Law.

This proposed amendment is not contained within any programme of Law drafting but existing amendments are already in train.

Recommendations

On the basis of the above, the Minister for Planning and Environment is recommended to –

note and endorse the proposed amendment of the Planning and Building (Jersey) Law, 2002, and the justifications for so doing;
request the Law Draftsman to prepare an amendment of the Planning and Building (Jersey) Law, 2002 to effect the desired changes, in addition to those already under consideration.

Reason(s) for Decision

The proposed amendment seeks to address current deficiencies and desirable change in the primary Law.

Action Required

The Director/ Assistant Director of Planning to liaise with the Law Draftsman to secure law drafting time to incorporate these proposed amendments into the ongoing amendment of the Planning and Building (Jersey) Law, 2002.

Written by:	Kevin Pilley, Assistant Director, Policy and Projects

Endorsed by:	Peter Thorne, Director of Planning;