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A decision made 28 March 2011:

Decision Ref:	MD–PE–2011-0030
Subject:	Revised draft Island Plan: report and proposition
Decision Summary Title:	DS - Revised draft Island Plan: report and proposition
DS Author:	Director of Planning Policy
DS Date:	27 March 2011	DS Status:	Public
Written Report Title:	Revised draft Island Plan: report and proposition
WR Author:	Director of Planning Policy
WR Date	27 March 2011	WR Status:	Public
Oral Rapporteur:	Chief Executive Officer and Director of Planning Policy
Decision(s):	The Minister for Planning and Environment approved the report and proposition in relation to the revised draft Island Plan to enable it to be lodged on Tuesday 29 March 2011 with a view to its debate on 21 June 2011.
Reason(s) for Decision:	On the basis of the revision to the initial draft Island Plan, as previously approved by the Minister (see MD–PE–2011-0020), the Minister is required to present to the States for approval a draft Island Plan.
Legal and Resource Implications:	The Minister’s decision is in accord with the legal requirements of the Planning and Building (Jersey) Law. There are no resource implications arising from the Minister’s decision
Action required:	Request the Greffier of the States to make the necessary arrangements to enable the revised draft Island Plan to be lodged in the States
Signature:		Date of CEO/ Director approval:
Position:	Senator FE Cohen, Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Island Plan 2011 - Draft: Presentation to the States

PROPOSITION

REVISED DRAFT ISLAND PLAN 2011 – APPROVAL

THE STATES are asked to decide whether they are of opinion –

to approve, in accordance with Article 3(1) of the Planning and Building (Jersey) Law 2002, the revised draft Island Plan 2011.

Financial and manpower statement

There are no financial or manpower implications arising from this proposition.

MINISTER FOR PLANNING AND ENVIRONMENT

Note: The revised draft Island Plan 2011 has been circulated separately.

REPORT

1 Introduction

1.1 For a small Island, land is a precious and finite resource of fundamental importance and it is essential that it is used wisely. The importance of land-use planning cannot be overstated. It affects the quality of life of everyone living in Jersey by balancing the competing demands for land with the need to protect the environment.

1.2 The principal document for the planning and use of land in Jersey is the Island Plan. It sits at the heart of the ‘plan-led system’ and is crucial to the success of the economy, the quality of the environment and the welfare of the community.

1.3 The current Island Plan was approved by the States of Jersey in July 2002. It has served the Island well, and its underlying principles have stood the test of time. The Island now faces new and different challenges and it is timely for the Plan to be revised: there is also a statutory obligation to do so within ten years of the last Plan.

2 The format of the Plan

2.1 In common with previous plans, the new Plan contains two major components -

Written Statement

Section 1: sets out the strategic policy framework, which is based on key principles that guide the more detailed policies set out in section 2 of the written statement.

Section 2: sets out the detailed policy framework, together with site specific proposals, which will guide development over the next ten years. This part of the Plan is divided into a series of topic based chapters.

Proposals Map

This shows site specific proposals and areas of the Island to which certain policies apply. The Proposals Map is prepared on the current States of Jersey digital map base and comprises a map for the entire Island and one for the Town. The Proposals Map indicates the main spatial policies that apply to particular areas and specific sites that are proposed for certain types of development.

Not all policies applicable to a particular development application will be shown on the Proposals Map, as some will be dependent upon the nature and form of development proposed and upon other planning constraints that may apply to a particular site.

2.2 Both parts have a ten year timescale, from 2011 to 2020.

3 The form of the Proposition

3.1 The States are asked to approve the revised draft Island Plan under Article 3 of the Planning and Building (Jersey) Law, 2002. The States consideration will thus relate to the whole of the Plan, as described above.

3.2 It is relevant to note that the revised draft Island Plan makes a number of references to supplementary planning guidance (SPG). SPG will help to inform and guide the application of Island Plan policy: this is not part of the Island Plan and will be published and adopted separately by the Minister under the auspices of Article 6 of the Planning and Building (Jersey) Law 2002 [1].

3.3 In developing the content of supplementary planning guidance the Minister will, however, seek to consult and engage with key stakeholders. States members will, therefore, have an opportunity to be involved in and engage with the development of supplementary planning guidance.

3.4 A schedule of work in relation to the development of supplementary planning guidance, is set out at Appendix A of the revised draft Island Plan.

3.5 The revised draft Island Plan is a necessarily comprehensive document given the range and depth of issues which it must address. To assist members in their deliberations on the Plan, this report includes a summary of -

 the purposes of the Island Plan;

how the Island Plan Review has been undertaken, including details about consultation, engagement and transparency;

 the context for the Island Plan Review;

 the main principles underpinning the revised draft Island Plan;

 the main policy areas covered by the revised draft Island Plan.

3.6 Purposes of Island Plan

3.7 The main purpose of the Island Plan is to provide a framework of policies and proposals as a basis for land use planning decisions up to the year 2020. In so doing, the Plan will provide -

guidance and information for the community, landowners, the development industry and other States’ bodies and agencies with an interest in the use of land relative to the Island’s objectives and needs;
incentive to stimulate necessary development on appropriate land relative to need;
control of development and the use of land to manage change and to prevent change which would be against the public interest; and
a measure of certainty about the types of development which will or will not be permitted in different parts of the Island.
1. The new Island Plan will provide a comprehensive policy basis for the determination of planning applications. It contains a wide range of specific policies addressing many forms of development, which will provide a tool for the control of development and guidance and clarity for those preparing development proposals. The Plan and the policies therein will become the primary consideration in the determination of planning applications in a plan-led system. This should ensure consistency and rigour in the planning process.
2. It also provides the framework and policy mechanism that will be used to meet the community’s needs, where that relates to land, over the next ten years.

4 The review process

4.1 The word ‘review’ implies a somewhat limited process, rolling forward the current plan to reflect changing circumstances. In reality, however, the environmental, economic and social context that the Island now faces presents new challenges that have made it necessary to embark on a much more extensive and comprehensive review process, one more akin to that required when preparing a plan anew.

4.2 The preparation and development of this Island Plan has also been carried out within a new legislative context provided by the Planning and Building (Jersey) Law, 2002 [2]. This has prescribed a far more open and engaging process of plan-preparation and scrutiny, including independent review by planning inspectors.

4.3 A summary of the review process is as follows;

Data collection and analysis, including the commissioning of specialist studies and reports. Consultation and engagement with key stakeholders, including public stakeholder groups (Oct 2007 – Mar 2008);
Publication and consultation on the Green Paper - Island Plan Review: Strategic Options Paper (July 2008). The consultation period lasted from July –Nov. 2008;
Analysis of issues and response to Green Paper consultation, resulting in the publication of and consultation on, the White Paper - Island Plan Review Draft Island Plan (Sept. 2009). The consultation period lasted from Sept. 2009 – Mar. 2010;
Independent Strategic Environmental Assessment of the draft Island Plan 2009, undertaken by Hyder Consulting, published in June 2010, resulting in the publication of the Minister’s response to SEA (August 2010);
Analysis of issues and response to White Paper consultation, resulting in the publication of the Minister’s response to consultation (May 2010) and the Schedule of potential amendments (Summer 2010);
Examination in Public, conducted by independent planning inspectors, Mr Chris Shepley CBE BA DipTP MRTPI and Mr Alan Langton DipTP CEng MRTPI MICE MCIHT (Sept. – Oct. 2010) resulting in the publication of the Report to the Minister (Nov. 2010);
Analysis and consideration of the Inspectors’ Report and all other material considerations, resulting in lodging of revised draft Island Plan (March 2011) and associated Schedule of amendments (March 2011).

The progress of the Island Plan Review has also been a standing item on the agenda of the meetings of the Environment Scrutiny Panel and the Minister for Planning and Environment throughout this process.
1. The remaining stage of the review is that which involves its consideration by the States. This is taking place within a new legislative framework [3] whereby States members may lodge their own amendments to the revised draft Plan, which the Minister may publicise and seek representations upon, before the States debate the matter [4].
2. Once the Plan is approved it is the intention of the Minister for Planning and Environment to regularly monitor its performance and effectiveness. An Annual Report will be published to include the performance of the Plan measured against a series of key indicators. The Plan will be reviewed as appropriate, and will continue to evolve to meet changing circumstances and needs.

Public consultation

4.6 Land use planning affects everyone in the Island, whether they have direct contact with the planning process or not, as it fundamentally shapes the place in which we live.

4.7 This Island Plan Review process has been the most open, engaging and rigorous to date, being carried out in accord within a new prescriptive legislative framework (provided by the Planning and Building (Island Plan)(Jersey) Order, 2009) and using all means of communication available, including use of the internet, to receive, view and submit information and representations.

4.8 Many Islanders have been engaged in and involved with the process, many throughout all stages of Plan preparation, as set out above. People have been involved in an individual capacity because they have an interest in specific issues; as landowners and homeowners; representing business and commerce; representing associations, professional bodies and the development industry. States members have also had the opportunity to be involved throughout.

4.9 The key stages and consultative events for the preparation of this revised draft Island Plan are outlined below:

Stakeholder workshops (Oct 2007 – Mar 2008): these involved individuals, organisations and businesses being invited to themed discussion to help identify issues facing the Island and to consider ideas and options to address them, in so far as they related to planning;
Green Paper consultation (July-Nov. 2008): this invited comment in the form of a questionnaire on the options set out in the strategic options Green Paper. Responses were received from 225 individuals, groups and business interests, generating a total of approximately 7,500 specific views about key issues for the draft Plan to address and about options to address them. This included submissions from landowners seeking change to the planning status of their land;
White Paper consultation (Sept. 2009 – Mar. 2010): Consultation on the draft Plan generated 1,200 comments about all aspects of the Plan from about 200 respondents. This provided people with an opportunity to comment on draft policies and site-specific aspects of the new Plan, as set out the Proposals Maps;
Examination in Public (Sept.-Oct. 2010): This was an independent process of public inquiry into the content of the draft Plan and the representations received against it. It was arranged and conducted by independent planning inspectors Chris Shepley CBE BA DipTP MRTPI and Mr Alan Langton DipTP CEng MRTPI MICE MCIHT and was also administered entirely independently by the Programme Officer, Mrs Helen Wilson.

It mainly took the form of themed round table discussions, chaired by the inspectors, but also involved an open plenary session and specific sessions dealing with individual sites. During the 12 days that the EiP ran, 97 people took part in it.

The inspectors also made over 100 site visits leading up to, during and after the EiP.

4.10 As required by law, the inspectors’ have considered all of the representations made in relation to the Plan, including all written representations as well as the supporting statements and oral evidence presented at the EiP. After diligent and thorough examination they have made their own independent recommendations to the Minister about how he might change the Plan in light of the issues raised. The inspectors’ recommendations are set out in their report [5].

4.11 The Minister has considered the inspectors report and all the material considerations, very carefully. His response to the Inspector’s recommendations is set out in the Schedule of amendments (March 2011) which has been published by the Minister. All of the Minister’s changes are incorporated in the revised draft Island Plan.

Documentation

4.12 There has been a significant amount of documentation generated in this Island Plan Review process. As stated above, the review has been entirely open and transparent and all documentation has been publicly available throughout. A comprehensive inventory of all associated documentation is available on the States website (http://www.gov.je/PlanningBuilding/LawsRegs/IslandPlan/IslandPlanReview).

5 Context for the Plan

5.1 There are numerous factors, which form the context for the new Plan. These are set out, in more detail, in the document itself, and provide the context for each topic area that the Plan addresses. There are, however, some factors of key strategic significance, as follows;

Jersey’s constitutional, legislative and institutional framework;
relevant international treaties, conventions and protocols which have been extended to Jersey;
States Strategic Plan 2009-2014;
other existing and emerging States strategic plans and polices (eg Sustainable Transport Policy (2010).
1. The over-arching strategic policy context for the new Plan remains the States’ Strategic Plan 2009-2014 which provides the principal framework within which the Island Plan must operate. A key issue for the Plan, that is addressed and provided by the Strategic Plan, relates to population and how this is expected to change over the Plan period: this is of critical importance as a basis for setting the parameters of the community’s likely needs over the next ten years.
2. The States of Jersey have considered and adopted a strategy to respond to and best manage the demographic shift in the Island's population, represented by the ageing society. In doing this, it has addressed the issue of in-migration and the Island Plan responds to this key strategic direction. Specifically, in the short term, the States have adopted a policy which allows maximum inward migration at a rolling five year average of no more than 150 heads of household per annum (an overall increase of c.325 people per annum). This is to be reviewed and reset every three years. And it is this that has been used to assess and formulate all of the planning policies contained in the Island Plan, such as, for example, the level of provision that needs to be made to meet the potential housing demand over the Plan period.
3. The performance of the Plan relative to forecast and actual population change will be kept under review.

6 Principles underpinning the Plan

6.1 The revised draft Island Plan is founded on a series of key principles. These principles are a particularly important part of the Plan because they provide the basis from which everything else in the Plan follows.

6.2 Previous Island Plans have contained similar such principles but expressed them as a series of objectives – the revised draft Island Plan takes a different approach and presents them as a set of strategic policies. In this way, these polices can be actively used to inform and explain the fundamental basis for planning decisions.

6.3 This subtle difference in approach is significant. Previously there has been a passive acceptance of strategic principles in earlier island plans and they have perhaps not enjoyed the detailed scrutiny that other, more detailed, site specific policies have been subjected to. This has, however, caused subsequent controversy and difficulties when those same strategic principles are applied and implemented: a good example of this, from the 2002 Island Plan, is the spatial strategy of that Plan. This clearly stated that the Island’s housing need would be met by extending the Built-up Area boundary and rezoning greenfield land on the edge of urban areas, specifically to meet housing needs: this was a strategic objective of the Plan. This however, was deemed to be incredibly controversial when specific sites in these locations were considered for housing development at all stages in the planning process.

6.4 In light of this, members’ attention is drawn to the strategic policy framework and the key strategic messages that this framework provides. These are set out in the revised draft Island Plan, which is summarised here:

Sustainable development, which sets out: where development should be located. Specifically, strategic Policy SP1: Spatial strategy is based on meeting the Island’s development needs according to a clear hierarchical sequence that focuses development on the Island’s Built-up Area and on brownfield land, as follows:

Development within the main Built-up Area of the Town of St Helier [6] ;
Development within the Built-up Area outside the Town of St Helier, including those parts of the Island’s urban environment identified and defined in the hierarchy of settlements and defined on the Proposals Maps;
Development of brownfield land outside the Built-up Area, to meet an identified need and where it is appropriate to do so;
In exceptional circumstances, the development of land outside the Built-up Area to support the rural economy or parish communities, to meet an identified need and where it is appropriate to do so.

This part of the Plan also sets out how different forms of development will be assessed according to the principles of a sequential test and how – at Policy SP2: Efficient use of resources - land and buildings should be used and energy use made more efficient and carbon-neutral. In particular, land should be developed at its optimum density to ensure that we use the limited developable land that we have on a small island wisely, to avoid the need of having to release significant areas of countryside to meet our development needs.

Protection of the environment, which sets out: how the Island’s unique identity and character, expressed through the nature and quality of its natural and historic environment, should be protected.

This policy (at SP4: Protecting the natural and historic environment) states that a high priority will be given to protecting the Island’s natural and historic environment. This is reinforced by a set of more detailed policies which enhance the protection of the Island’s biodiversity and countryside, including the designation of a new Coastal National Park, as well as providing new policies which reflect the recent changes to the historic environment protection regime.

Economic growth and diversification, which sets out: how the Island Plan will seek to protect and facilitate the maintenance, enhancement and provision of land and development opportunities to support the maintenance and growth of the Island’s economy.
Travel and transport, which sets out: how the planning system can help to reduce the need to travel and how it can provide choice to encourage the way we travel and in particular, reduce the extent of our dependence on the private car.
Quality of design, which sets out: how development proposals will be tested against urban design principles to ensure that they deliver quality in design and architecture.

7 Detailed polices

7.1 The main body of the Plan provides the detailed planning policy framework that will be used over the next ten years to guide planning decisions. This part of the Plan is divided into a set of themed topic chapters. Each chapter provides the policy context within which it has been developed; a set of objectives and indicators setting out the direction of policy and how it will be measured; together with a series of detailed policies, with their own reasoned justification.

7.2 To assist members, a summary of each of these topic chapters and some of the key polices within them is set out below:

General development

7.3 In the case of almost every planning application, there are a number of generic issues against which development proposals are to be tested to see of they are acceptable, and these are contained in this chapter of the plan.

7.4 Specifically policy GD1: General development considerations sets out a comprehensive set of criteria against which all planning applications can be considered. It provides a useful starting point for anyone considering making a planning application and will help ensure that planning applications are comprehensively and consistently assessed.

7.5 Policy GD5: Skylines, views and vistas is a new policy that specifically requires the impact of development on distant views and skylines to be a material consideration. Its introduction is in direct response to pressure for development around the Island’s sensitive coastline.

Natural environment

7.6 This chapter maintains and enhances the levels of protection to be provided to the Island’s sensitive coast and countryside, as well as introducing new policy to protect biodiversity throughout the Island and enhancing protection for trees, woodland and boundary features that are so important to the Jersey scene.

7.7 The basis for the protection of the countryside is work which identified the elements that make the varied landscape of the Island what it is [7]. This has been used to identify the most sensitive parts of the coast and countryside, which are proposed for designation as a Coastal National Park for Jersey: this also embraces the Island’s offshore reefs (see Policy NE6: Coastal National Park).

7.8 Protection for the remainder of the countryside has been simplified, by the deletion of the Countryside Zone policy which features in the 2002 Island Plan, such that it is now designated as Green Zone. The Built-up Area boundary has also been rationalised such that an extra 586 vergées of countryside is now proposed for protection as Green Zone, compared with that protected by some form of countryside protection (either Green Zone or Countryside Zone) in the current Plan.

Historic environment

7.9 The policy regime for the historic environment has been refreshed, principally to reflect the changes made to the historic environment protection regime and the introduction of a single category of protection – Listed buildings and places.

7.10 The draft Plan also provides a policy regime for Conservation Areas which will be designated, following full consultation, in due course in the form of supplementary planning guidance.

Built environment

7.11 The built environment chapter provides the policy framework for the regeneration of St Helier. The Plan recognises that more detailed land-use planning work needs to be done, in the form of masterplanning for key Regeneration Zones which are identified in the Plan, but that the emphasis must be on quality and investment in improving the amenities of the urban environment to promote urban living.

7.12 The Plan also allows for other detailed planning work to be carried out for other parts of the Island – at Jersey Airport, Five Oaks and in the Island’s rural settlements – to improve and enhance the different characters of these areas and, in the case of the airport, to provide new development uses. Where emergent policies and proposals are consistent with the Plan, they can be adopted as supplementary planning guidance by the Minister, following consultation with key stakeholders. Where, however, proposals emerge which challenge the strategic direction of the Plan – for example, where rezoning outside the Built-up Area boundary is proposed – further revision of the Island Plan will be required, to be considered by the States, in accord with the processes set out in law.

Economy

7.13 The draft Plan recognises the changed economic circumstances of the Island and seeks to ensure that the planning system can respond appropriately by protecting existing land and buildings in economic activity use, whilst making provision for and enabling economic development and diversification.

7.14 At Policy E1: Protection of employment land, the Plan seeks to introduce new protection for existing land and buildings in economic use, whilst recognising that the development of the waterfront and continuing structural change to the Island’s economic base will, as is already happening, release land from office and tourism uses, which can help regenerate the town through their conversion or redevelopment.

7.15 The Plan identifies that the need for office accommodation over the Plan period can be principally met within the Waterfront and Town Centre, whilst the need for light industrial and warehousing space can be met through the potential use of States-owned land, such as La Collette and non-operational land at Jersey Airport, as well as the proposed change to the permitted development rights which would permit a five per cent increase in floorspace of existing light industrial buildings without the need for express consent.

7.16 With regard to retailing, the draft Plan seeks to uphold and enhance the maintenance of the existing hierarchy of shopping centres, with particular emphasis on the need to protect the vitality and viability of St Helier town centre and the central markets. It is evident, from the recent introduction of major new entrants into the Island’s food retail market, that Island Plan policies are able to accommodate enhanced local competition without compromising spatial planning objectives. This approach is, therefore, continued in the revised draft Island Plan.

7.17 The Plan also responds to the Rural Economy Strategy and seeks to protect agricultural land, to support agriculture as well as the diversification of the rural economy, including support for tourism. The Plan also recognises, however, that whilst exceptions may be made in the countryside to support development that is essential to agriculture, where development becomes redundant to the agricultural industry the land should be restored to ensure the maintenance of the Island’s countryside character, rather than new uses being introduced which may erode and harm it.

Housing

7.18 There can be no doubt that housing and, in particular the location of new housing development, is the most contentious and controversial subject area to be tackled by the new Plan: few issues raise fiercer passions in the local community.

7.19 The approach adopted in the revised draft Island Plan is consistent with the sustainable principles which underlie the whole document by seeking to make best use of already developed land and focusing the Island’s development needs into the Built-up Area. It is envisaged that, by adopting this approach, the Plan will provide for the residential regeneration of St Helier and help to enhance urban living by, at the same time, raising space standards and seeking to secure and enhance the quality and provision of open space in the urban areas.

7.20 The evidence for the extent of housing need, and particularly affordable housing, has been thoroughly challenged and scrutinised at the EiP, and has been upheld by the inspectors as a justifiable basis on which to proceed and plan for. And in this respect, the Plan seeks to provide for the 4,000 homes that are estimated to be required to 2020, 1,000 of which should be affordable shared equity and social rented homes.

7.21 Whilst the demand for homes is estimated at 4,000, the Plan identifies a potential supply of 4,700 homes: this level of potential ‘over-supply’ is considered essential given the vagaries of the release of land for housing development by the private sector (i.e. some sites might not come forward for development) and particularly to ensure that the necessary level of affordable housing is achieved.

7.22 The Plan sets out new and varied mechanisms to deliver more affordable homes in Jersey. First, the Minister has introduced a new policy (at Policy H3: Affordable housing) which requires that a proportion of all new residential development (above a certain threshold) must be affordable housing. The thresholds and proportions of affordable housing to be provided are to be changed over time on an incremental basis to enable this new policy mechanism to bed-in and to become established after its commencement in 2012. It is, however, envisaged that after five years, 20% of all new housing provided on sites of two or more homes, will be ‘affordable’.

7.23 Because this policy is new and will take to time to become fully operational, the Plan seeks to ensure that provision of affordable homes can also be achieved over the early part of the Plan period: it does this in two ways. First, the Minister has sought to rezone three sites for new Category A homes, which will deliver about 125 homes (see Policy H1: Category A housing sites [8]). The Minister also thinks that it is appropriate to seek to use States-owned land and property to help deliver a greater proportion of new affordable housing and to this end has identified those sites which are currently and potentially to be released from the States property portfolio, as providing more affordable housing. It is considered that around 150 affordable homes can be provided through the development of these sites, in whole or in part, for this use.

7.24 Significantly, this revised draft Island Plan also sets out a new policy which will enable decision-makers to consider the type of homes being provided as part of a development proposal as a material consideration, relative to the latest evidence of identified need for different types of housing. For the first time, therefore, it will be possible to influence the form of residential accommodation that is to be provided – whether it is in the form of flats or houses – to ensure that it is helping to meet what is actually required (see Policy H4: Housing mix).

7.25 The Plan also seeks to introduce a new minimum density standard policy – to be determined and set through the publication and adoption of supplementary planning guidance – for all new housing developments over 1.125 vergées (0.2 hectares)(see Policy GD3: Density of development).

Social, community and open space

7.26 Basic social and community services are essential for the well-being of any community and include education, healthcare and leisure facilities, together with the availability of and access to open space.

7.27 The revised draft Island Plan makes provision for the proposed new development of St. Martin’s Primary School as well as the potential for new playing facilities to be provided to serve Haute Vallée, First Tower, Les Landes, Grouville and St John’s Schools. It also enables development of the Health and Social Services property portfolio to meet the need for healthcare facilities.

7.28 Significantly, the Plan identifies, categorises and protects the Island’s open spaces – including commercial sports facilities – and will require the enhancement of the quantity and quality of open space provision as part of new development (see SCO5: Provision and enhancement of open space): new Open Space and Public Realm Strategies are required to inform this and will be developed over the Plan period. The Plan also introduces a policy framework for the provision of new allotments, and the protection of existing facilities.

Travel and transport

7.29 This chapter of the revised draft Island Plan seeks to complement and assist the implementation of the new Sustainable Transport Policy, recently approved by the States. The planning system can mainly do this by influencing the location of development so that people have a real choice about their mode of travel.

7.30 The Plan also seeks to assist the development of cycling and public transport by requiring direct contributions for the enhancement of new facilities: in relation to the Eastern Cycle Route, it requires contributions to be made by major new development in the east of the Island (see Policy TT3: Cycle routes) and, in relation to the bus service, it requires contributions to be made by major new development to enhance the bus service where it is inadequate (see Policy TT8: Access to public transport).

7.31 The Plan’s approach to parking provision reflects that in the Sustainable Transport Policy, as well as the North of Town Masterplan. The Minister also proposes to introduce new supplementary planning guidance on parking standards, based on a range of minimum and maximum standards: this will be the subject of further consultation.

7.32 New Public Safety Zones for Jersey Airport are also proposed: these have been developed and produced on a much more evidence-based approach than those presently in use and better reflect the risk posed to development of the operation of the airport (see Policy TT17: Airport Public Safety Zones).

Natural resources and utilities

7.33 Wise and efficient use of resources is a fundamental principle that underlies the revised draft Island Plan and this chapter gives detailed effect to this with a suite of policies designed to protect and promote the wise use of water and energy resources, as well as protecting air quality. In terms of energy use, this Plan introduces new policies into the planning process requiring renewable energy production as part of new development (see Policy NR7). It is also cognisant of the potential for the emergence of off-shore utility-scale renewable energy development during the Plan period and provides a policy regime to manage this.

7.34 The provision and availability of aggregates is an essential element of the Island’s economy and the Plan addresses and updates the basis of supply, ensuring a landbank of permitted reserves or alternatively-sourced material. The use of secondary and recycled materials is also encouraged.

Waste management

7.35 The Plan gives effect to the Solid Waste Strategy and is also cognisant of the emergent Liquid Waste Strategy. Of particular note is that the Plan updates and responds to the need to continue to dispose of residual waste, involving landfill, and identifies La Gigoulande Quarry as the preferred disposal route, subject to a number of key tests: the Plan presents an effective presumption against further land reclamation during the Plan period, which is consistent with other polices in the Plan to protect the marine environment.

7.36 In terms of liquid waste, the Plan introduces new policy regimes for the introduction of sustainable drainage systems (SuDs: see Policy LWM3) and the Minister will be issuing more detailed supplementary planning guidance on the potential introduction of these systems very shortly.

Implementation and monitoring

7.37 To be successful the Plan relies on effective implementation. Much of this will be achieved through the effective control and regulation of development, through the normal day-to-day planning application process, in accord with the aims, objectives and policies of the Plan.

7.38 It will, however, also entail positive action on behalf of the Minister for Planning and Environment, other ministers and other agencies in respect of, in particular, masterplanning and the development of States-owned land. Putting the Plan into practice will, therefore, require integrated work and assistance from those States departments and agencies who are directing resources towards land and land use, in a way that helps to contribute towards the objectives of the Plan: any new Island Plan is a corporate policy document and does not just relate to the remit of the Minister for Planning and Environment.

7.39 The importance of continually scrutinising the performance of the Plan and any changing circumstances has already been alluded to but cannot be overstated. The Island Plan should not be viewed as a product but a process and one that will be required to adapt and change as the circumstances of the Island alter over time. It is the intention to prepare an Annual Monitoring Statement to report on the performance of the Plan, as set out in this chapter.

8 Conclusion

8.1 The Island Plan is the principal document for the planning and use of land in Jersey. By influencing the way in which land is used and development takes place, the Plan is able to make a vital contribution to the well being of the local community, the success of the local economy and the quality of the local environment.

8.2 The current Plan was completed in 2002 and needs to be replaced. The importance of adopting a new up-to-date Plan can not be over-emphasised and has been supported by the independent planning inspectors. This new Plan is essential to properly address the complex land use issues which face the Island now and over the next ten years notably, the intense pressures from competing uses to develop the Island’s scarce land resources and, particularly, the need to provide more affordable social rented or shared equity homes to meet a clear and pressing need.

8.3 The revised draft Island Plan has been prepared following a comprehensive review process and the most open and rigorous process of engagement and scrutiny in which States members have already been able to participate and contribute.

8.4 It is consistent with the strategic objectives of the States and fully embraces the concept of ‘sustainable development’. As such, it seeks to strike the right balance between the protection of the environment and the development needs of the community. The independent planning inspectors, having seen many such development plans, have commended the Minister, in very general terms, in having produced a plan which could stand comfortably alongside the better examples in the UK.

8.5 The Minister for Planning and Environment Committee asks the States to bear the following points in mind when asked to vote on the proposition:

if the government of the Island is to achieve order and control over the use of land in the future, then it is imperative that there is a comprehensive up-to-date plan against which individual land-use decisions can be made;
although the new Island Plan provides such a framework and the Minister has certain aspirations for its implementation, the Plan does not itself -
- commit landowners to any specific action;
- commit the States or any of its Ministers to any executive action;
- commit financial or manpower resources;
the new Plan is flexible and will be subject to future monitoring arrangements.
1. In asking the States to accept the propositions before it, the Minister is confident that it is providing the opportunity for putting in place a clear and balanced framework of realistic policies and proposals. With careful monitoring and review, it should be possible to ensure orderly and more sustainable development over the next ten years, in a manner which best serves the interests of the Island.

[1] Article 6 of the Planning and Building (Jersey) Law enables the Minister to publish guidelines and policies in respect of development generally; any class of development; the development of any area of land or the development of a specified site.

[2] Earlier Island Plans have been prepared and approved under the auspices of the Island Planning (Jersey) 1964 Law.

[3] As set out in Article 4A of the Planning and Building (Jersey) Law 2002, as amended by the States: through approval of amendment no.5 (P.189/2009) on 02 February 2010.

[4] A briefing note on this is being circulated separately.

[5] Report to the Minister: the (Draft) Jersey Island Plan 2009: Volumes 1 and 2 (Nov 2010) Shepley and Langton

[6] For planning purposes, the Town of St. Helier is represented by the extent of development associated with the town, and which includes parts of the parishes of St. Saviour and St. Clement, as defined on the Proposals Map

[7] Countryside Character Appraisal (1999) Land Use Consultants

[8] Policy H1 sites for rezoning as Category A sites include: de la Mare Nurseries, Grouville; part Field 1219, Mont a L’Abbe, St Helier; and Field 785 (glasshouse site), St Ouen.