Planning and Building (General Development) (Jersey) Order: Proposed amendment

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A decision made on 22 February 2016:

Decision Reference: MD- PE- 2016 – 0033
Decision Summary Title:	Law Drafting Request – Amendment to Planning and Building (General Development) (Jersey) Order 2011		Date of Decision Summary:	19 February 2016
Decision Summary Author:	Senior Planner		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Amendment to Planning and Building (General Development) (Jersey) Order 2011		Date of Written Report:	19 February 2016
Written Report Author:	Senior Planner		Written Report : Public or Exempt?	Public
Subject: Law Drafting Request – Amendment to Planning and Building (General Development) (Jersey) Order 2011
Decision: The Minister requested the Law Draftsman prepare an amendment to the Planning and Building (General Development) (Jersey) Order 2011 to modify an inconsistency that has arisen due to the recent amendments made in December 2015.
Reason(s) for Decision: To ensure that the Order is appropriately drafted to reflect the intention to extend permitted development rights.
Resource Implications:- The drafting of the amendment can be accommodated within existing resources.
Action required: Request the Senior Planner to liaise with the Law Draftsman to progress the amendment to the Planning and Building (General Development) (Jersey) Order 2011.
Signature: Deputy S Luce		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Planning and Building (General Development) (Jersey) Order: Proposed amendment

DEPARTMENT OF THE ENVIRONMENT

Law Drafting Request – Amendment to Planning and Building (General Development) (Jersey) Order 2011

(Public) 19 February 2016

Purpose of the Report

The purpose of this report is to outline the inconsistency that has arisen due to the recent amendments to the Planning and Building (General Development) (Amendment No. 2) (Jersey) Order 2015 and to recommend to the Minister to request the Law Draftsman to amend the Order accordingly.

Background

The Minister for the Environment is keen to extend what people can do without planning permission, known as permitted development, to assist small businesses and home owners, to reduce bureaucracy and foster economic growth. In his decision MD-PE-2015-0079 the Minister made an Order to expand permitted development.

Discussion

In the Ministerial Decision MD-PE-2015-0079, the Minister intended to expand permitted development rights for solar panels, to allow up to 90% of the roof plane to be covered with solar panels. This was amended in Part 4, Class A(c) from 50% to 90%. However the limitation did not only cover solar panels, but dormer windows and skylights. In addition, this limitation was also found in the sections covering dormer windows and skylights but these had not been amended (for reference Part 1, Class E, E.9; Part 2, Class A, A.9; and Part 3, Class F, F.9).

As currently drafted, there are different limitations, being 50% or 90% total area, in different sections of the order that condition the same type of development. This is potentially confusing.

The intention is to permit solar panels up to a total area not exceeding 90% of the roof plane, and to permit dormer windows and skylights to a total area not exceeding 50% of the roof plane.

Conclusion

The current amendment results in a confusing situation of different conditions for the same type of development.

Recommendation

The Minister is recommended to request the Law Draftsman to amend the Planning and Building (General Development) (Jersey) Order 2011 to reflect the intention of the original decision.