Changes to the procedures under which planning applicants can request that the decision on their application is reconsidered.

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A decision made (06/04/2009) regarding: Changes to the procedures under which planning applicants can request that the decision on their application is reconsidered.

Decision Reference: MD-PE-2009-0059
Decision Summary Title:	Updated process for managing Requests for Reconsideration of planning application decisions		Date of Decision Summary:	24 March 2009
Decision Summary Author:	Business Support Manager		Decision Summary: Public or Exempt?	public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	Written
Written Report Title:	Updated process for managing Requests for Reconsideration of planning application decisions		Date of Written Report:	January 2009
Written Report Author:	Peter Le Gresley		Written Report : Public or Exempt?	Public
Subject: Changes to the procedures under which planning applicants can request that the decision on their application is reconsidered.
Decision(s): The Minister has decided to make changes to the process used to manage Requests for Reconsideration of planning applications decisions. Under the revised process an applicant, whose application has been refused by a Planning Officer under delegated powers, can request that it is reconsidered in public by the Planning Applications Panel. Requests for Reconsideration will not be heard by the Minister if the Planning Applications Panel has already considered the application in public.
Reason(s) for Decision: To rationalise the process and ensure that the Planning Applications Panel can reconsider decisions relating to planning applications in a more effective and timely manner. To ensure that all applicants have an opportunity to have their application considered in public.
Resource Implications: None
Action required: Planning and Environment Department to ensure implementation of the revised process.
Signature:		Position: Minister for Planning and Environment
Date Signed:		Date of Decision (If different from Date Signed):

Changes to the procedures under which planning applicants can request that the decision on their application is reconsidered.

Updated process for managing Requests for Reconsideration of planning application decisions

Background

A review of the process for managing Requests for Reconsider (RFR) has been undertaken in order to ensure:

it operates effectively, minimising any delay for the applicant and/or objectors
there is clarity over the aims and objectives of an RFR; in essence it is to ensure that every applicant has the right to have their application reconsidered in public if the original decision was not made in public.

Public meetings

The Department wishes to offer all applicants the right to either have their application determined in public, or have their application reconsidered in public if it has been determined and refused by an Officer under delegated powers.

Planning Applications Panel meetings

The system of public meetings for the Planning Applications Panel is now embedded and working well. Applicants, their agents and other members of the public are able to access these meetings and are routinely heard on planning applications of interest. It has been decided that, in this context, it is unnecessary to review the decisions of the Panel. Hence, only the decisions of the Department (which are taken by officers without interested parties being heard) will be reviewed. These will continue to be known as Requests for Reconsideration but will operate in the following way.

Revised process

Any applicant can request that their application is reconsidered in public if: their application was determined by the department;

the application was refused and they believe that the decision to refuse was unreasonable or inconsistent and,
they wish the application to be reconsidered by the Planning Applications Panel, thus providing them with a public opportunity to have their concerns or views heard.

The process

The applicant (or their agent) must send a letter or email to the Applications Manager, Planning and Environment, South Hill, St Helier, JE2 4US within 2 months of the date of the Decision Notice informing them that their application was refused.
The letter or email must clearly state why the applicant considers the decision to refuse the application to be unreasonable. It should refer to any matters that the applicant feels have not been given sufficient weight. (Note: a copy of this letter/email will be place in the public domain enabling access by neighbours or other third parties)
The request for reconsideration must relate to the application that was submitted and refused. The application cannot be changed prior to being reconsidered by the Planning Applications Panel.
The Department will not advertise the request for reconsideration in the Jersey Evening Post and will not require a new site notice to be displayed However the Department will inform the following people that the application is being reconsidered and will inform them of the date on which the Planning Applications Panel will reconsider the application:
1. The applicant and/or their agent
2. Anyone who objected to the application
3. Anyone who was consulted about the application
The request for reconsideration will be considered at the first available meeting of the Planning Applications Panel. The agenda for these meetings will continue to be publicised in the Jersey Evening Post prior to the meeting date.
The applicant (or their agent), or any other party, may attend and speak at the Planning Applications Panel meeting.
The Planning Applications Panel may overturn or uphold the original decision EITHER in the meeting OR in some circumstances at a further meeting if additional information is required.
There is currently no charge or fee associated with a request for reconsideration in public
Only the original scheme can be reconsidered. Alterations or amendments will not be considered.
Each application can only be reconsidered once
Only an applicant or their agent can request a reconsideration in public
Applications can only be reconsidered in public if they were determined in the first instance by the Department. Applications that were refused by either the Planning Applications Panel or the Minister will not be reconsidered.

Cooling off period

It should be noted that the Cooling off process as detailed in MD-PE-2006-0012 remains the same. The Cooling off process applies when the Planning Applications Panel is minded to make a decision which is contrary to an Officer’s advice. In these cases the application will be referred to the Minister who may seek further information, issue advice to the Panel for them to decide or decide the application himself.