Planning and Environment (2010 Fees) (Jersey) Order 2009

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 10 December 2009 regarding: Planning and Environment (2010 Fees) (Jersey) Order 2009.

Decision Reference: MD-PE-2009-0199
Decision Summary Title:	Planning and Environment (2010 Fees) (Jersey) Order 200-		Date of Decision Summary:	15 December 2009
Decision Summary Author:	Assistant Director, Building Control		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Planning and Environment (2010 Fees) (Jersey) Order 200-		Date of Written Report:	None
Written Report Author:	Law Draftsman		Written Report : Public or Exempt?	Public
Subject: Planning and Environment (2010 Fees) (Jersey) Order 2009.
Decision(s): The Minister made Planning and Environment (2010 Fees) (Jersey) Order 2009, having determined that the Order should come into force on the 1st January 2010.
Reason(s) for Decision: To increase fee income from applications in accordance with: the 2010 States business plan (for fees associated with Planning and Building (Fees) (Jersey) Order 2008 and High Hedges (Application Fee) (Jersey) Order 2008); 2.5% cost of living uplift as agreed by the Treasurer of the States (for fees associated with Animal Welfare (Licence Fee) (Jersey) Order 2008; Dangerous Wild Animals (Jersey) Law 1999; Waste Management (Fees) (Jersey) Order 2008)
Resource Implications: None
Action required: To notify the States Greffe that the Order has been signed, and to forward the signed and sealed Order to the States Greffe immediately. That the Greffier of the States be requested to lay the said Order before the States at the earliest opportunity.
Signature:		Position: Minister for Planning & Environment
Date Signed:		Date of Decision (If different from Date Signed):

Planning and Environment (2010 Fees) (Jersey) Order 2009

Arrangement

Article

Planning and Environment (2010 Fees) (Jersey) Order 2009

Made

Coming into force

THE MINISTER FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 17(1)(c) and 39 of the Animal Welfare (Jersey) Law 2004, Article 21(2)(b) of the Dangerous Wild Animals (Jersey) Law 1999, Article 2(3) of the Artificial Insemination of Domestic Animals (Jersey) Law 1952, Article 6(1)(b) of the High Hedges (Jersey) Law 2008, Articles 18, 22, 106 and 108 of the Waste Management (Jersey) Law 2005 and Articles 9(3)(a), 28(3), 34(2)(c), 120 and 124(1) of the Planning and Building (Jersey) Law 2002, orders as follows –

1 Animal Welfare (Licence Fee) (Jersey) Order 2008 amended

In the Animal Welfare (Licence Fee) (Jersey) Order 2008 in the Article referred to in column 1 of the following table, for the amount specified opposite in column 2 there shall be substituted the amount specified opposite in column 3 –

“1 Article of Order	2 Existing amount	3 Substituted amount
2(a)(i)	£115.31	£118.20
2(a)(ii)	£173.23	£177.56
2(b)(i)	£107.11	£109.79
2(b)(ii)	£135.81	£139.21
3(a)(i)	£115.31	£118.20
3(a)(ii)	£173.23	£177.56
3(b)(i)	£107.11	£109.79
3(b)(ii)	£135.81	£139.21
4(a)	£86.61	£88.78
4(b)	£78.41	£80.37
5(a)	£86.61	£88.78
5(b)	£78.41	£80.37”.

2 Dangerous Wild Animals (Jersey) Law 1999 amended

In Schedule 3 to the Dangerous Wild Animals (Jersey) Law 1999 for the amount “£250” there shall be substituted the amount “£256.25”.

3 Artificial Insemination of Domestic Animals (Bovine Semen) (Jersey) Order 2008 amended

For Article 48 of the Artificial Insemination of Domestic Animals (Bovine Semen) (Jersey) Order 2008 there shall be substituted the following Article –

“48 Fees

The following fees are prescribed for the purposes of Article 2(3) of the Artificial Insemination of Domestic Animals (Jersey) Law 1952 –

(a) for the grant of a licence of premises as an EC quarantine centre under Article 3(1), £161.70, plus a fee of £79.80 payable on the re-inspection of the premises after a year, and every year thereafter;

(b) for the grant of a licence of premises as an EC collection centre under Article 3(2), £201.60, plus a fee of £79.80 payable on the re-inspection of the premises after a year, and every year thereafter;

(c) for the grant of a licence of premises as an EC quarantine centre and as an EC collection centre under Article 3(1) and (2), £281.40, plus a fee of £79.80 payable on the re-inspection of the premises after a year, and every year thereafter;

(d) for the grant of a licence of premises as an EC storage centre under Article 3(3), £121.80, plus a fee of £79.80 payable on the re-inspection of the premises after a year, and every year thereafter;

(e) for approval of an animal under Article 5(1), £121.80;

(f) for approval of a veterinary surgeon under Article 6, £159.60;

(g) for the grant of a licence of premises as a domestic collection centre under Article 17(1), £201.60;

(h) for the grant of a licence of premises as a domestic storage centre under Article 17(2), £100.80;

(i) for the grant of a licence of premises as a domestic collection centre and as a domestic storage centre under Article 17(1) and (2), £241.50;

(j) for approval of a person under Article 19(1), £119.70;

(k) for the grant of a licence to a person as a collector under Article 30, £100.80;

(l) for approval of premises for storage under Article 35(c), £121.80;

(m) for approval of premises for storage under Article 36(c), £63.00.”.

4 High Hedges (Application Fee) (Jersey) Order 2008 amended

In Article 1(1) of the High Hedges (Application Fee) (Jersey) Order 2008, for the amount “£359” there shall be substituted the amount “£450”.

5 Waste Management (Fees) (Jersey) Order 2008 amended

For the table set out in Schedule 1 to the Waste Management (Fees) (Jersey) Order 2008 there shall be substituted the following table –

“Part 1 – Applications			Fee £
Licence application –
		high regulatory requirement	2011.95
		medium regulatory requirement	1633.72
		low regulatory requirement	1223.98
Licence modification –
		significant modification	819.49
		minor modification	409.74
Licence transfer –			409.74
Licence surrender –
		high regulatory requirement	2011.95
		medium regulatory requirement	1633.72
		low regulatory requirement	1223.98
Waste carriers registration –			107.16
Transboundary consignment note –
	application		1107.36
	shipment fee – for each permitted shipment		99.81
Internal consignment note –			0.50
Part 2 – Annual fees
Licence subsistence –
	high inspection frequency		11294.22
	medium inspection frequency		5647.11
	low inspection frequency		2826.18”.

6 Planning and Building (Fees) (Jersey) Order 2008 amended

In the Planning and Building (Fees) (Jersey) Order 2008 –

(a) in Article 3, for the amount “£163” there shall be substituted the amount “£203”;

(b) for the table in Schedule 1 there shall be substituted the following table –

“ITEM	DESCRIPTION OF PROPOSED DEVELOPMENT								Fee (£)
1	NEW DWELLINGS –
	(i) construction of dwelling
	(ii) change of use of all or part of building to a dwelling
	(iii) extension of building which is not a dwelling to create a dwelling
	including, in each case, any necessary associated work
1.1	FLATS					where a development comprises not more than 5 flats, per flat –			306
						where a development comprises more than 5 flats, a composite fee comprising – (a) a flat fee of –			1530
						and (b) the following amount multiplied by the number by which the number of flats exceeds 5 –			420
1.2	DWELLING HOUSES							where a development comprises not more than 5 dwelling houses, per dwelling house –	610
								where a development comprises more than 5 dwelling houses, a composite fee comprising – (a) a flat fee of –	3050
								and (b) the following amount multiplied by the number by which the number of dwelling houses exceeds 5 –	830
1.3	PREFABRICATED PORTABLE DWELLING UNITS – per unit								203
2	EXISTING DWELLINGS –
2.1	EXTENSION						not exceeding 20m2 –		102
							exceeding 20m2 –		203
2.2	MATERIAL ALTERATION							where the estimated cost of the work, per dwelling, does not exceed £10,000 –	102
								where the estimated cost of the work, per dwelling, exceeds £10,000 –	203
3	AGRICULTURAL OR HORTICULTURAL BUILDINGS –
	(i) construction of agricultural or horticultural building
	(ii) change of use of all or part of building to agricultural or horticultural building
	(iii) extension of building to extend or create agricultural or horticultural building
	including, in each case, any necessary associated work –
					per 500m2 or part thereof of the floor area of the building, part of the building or extension –
							where the building is a glasshouse or polytunnel –		203
							any other building –		306
4	BUILDINGS NOT CHARGEABLE UNDER ITEMS 1 TO 3 –
	(i) construction of building
	(ii) change of use of all or part of building
	(iii) extension of building
	including, in each case, any necessary associated work
				per m2 –					9.40
5	MATERIAL ALTERATION OF BUILDING NOT CHARGEABLE UNDER ITEM 2 –
				where the estimated cost of the work, per building, does not exceed £10,000 –					102
				where the estimated cost of the work, per building, exceeds £10,000 –					203
6	CHANGE OF USE NOT CHARGEABLE UNDER ITEMS 1, 3 or 4 –								306
7	EXTRACTION OF MINERALS FROM LAND –
			per acre (2.25 vergées or 0.4 hectare) or part thereof of the site area –						2555
8	PLACING OF MOVEABLE STRUCTURE ON LAND –								203
9	CARRYING OUT OF MISCELLANEOUS SMALL WORK –
9.1	To replace windows, other than with timber windows (per application)								51
9.2	To install a satellite dish								51
9.3	To erect a sign or advertisement (for each such to a maximum of £240)								51
9.4	To erect a flag pole, telephone box or similar structure (each)								51
9.5	To erect a wall, fence or similar structure (each)								51
9.6	To construct an unenclosed swimming pool								203
9.7	To form or alter a vehicular access								203
9.8	To provide or materially alter a tank used to store liquid or gaseous fuel								51
10	DEVELOPMENT OF LAND NOT CHARGEABLE UNDER ANY OTHER ITEM –
	(for example, to construct a reservoir or an outdoor recreational area)
		per acre (2.25 vergées or 0.4 hectare) or part thereof of the site area –							306”;

“ITEM	DESCRIPTION OF BUILDING WORK								Fee (£)
1	CREATION OF NEW DWELLING –
	(i) construction of dwelling
	(ii) change of use of all or part of a building to dwelling
	and, in either case, any associated works, including the provision of parking facilities
1.1		FLATS				where a development comprises not more than 5 flats, per flat –				650
						where a development comprises more than 5 flats, a composite fee comprising – (a) a flat fee of –				3250
						and (b) the following amount multiplied by the number by which the number of flats exceeds 5 –				750
1.2		DWELLING HOUSES						where a development comprises not more than 5 dwelling houses, per dwelling house –		1025
								where a development comprises more than 5 dwelling houses, a composite fee comprising – (a) a flat fee of –		5125
								and (b) the following amount multiplied by the number by which the number of dwelling houses exceeds 5 –		1150
1.3	PREFABRICATED PORTABLE DWELLING UNITS – per unit –								200
2	IMPROVEMENT OF DWELLING –
	and, in each case, any associated miscellaneous work
2.1	Extension –
							not exceeding 20m2 in floor area –		370
							exceeding 20m2 in floor area but not exceeding 50m2 in floor area –		650
							exceeding 50m2 in floor area –		725
2.2	Loft conversion –								430
2.3	Erection or extension of a building that is ancillary to a dwelling, where the floor area of the building or extension –
							does not exceed 20 m2 –		120
							exceeds 20 m2 but does not exceed 50m2 –		250
							exceeds 50m2 –		295
2.4	Material alteration of a dwelling –
							where the estimated cost of the work does not exceed £5,000 –		150
							where the estimated cost of the work exceeds £5,000 but does not exceed £20,000 –		250
							where the estimated cost of the work exceeds £20,000 but does not exceed £50,000 –		550
							where the estimated cost of the work exceeds £50,000 –		650
	NOTE 1 Where an application relates to the carrying out of more than one improvement listed in item 2 to a single dwelling, the fee payable under item 2 in respect of the dwelling is the highest of the fees that apply. NOTE 2 Where an application relates to the carrying out of improvements listed in item 2 to more than one dwelling, the fee payable shall be the aggregate of the fees payable in respect of each dwelling.
3	BUILDING WORKS OR CHANGE OF USE NOT CHARGEABLE UNDER ITEM 1 OR 2 –
	including any associated work
3.1	ERECTION OR EXTENSION FOR STORAGE – the erection or extension of a building where the main use is for storage purposes and where the floor area of the building or extension –
					does not exceed 20m2 –				310
					exceeds 20m2 but does not exceed 50m2 –				430
					exceeds 50m2 but does not exceed 100m2 –				550
					exceeds 100m2 but does not exceed 250 m2 –				980
					exceeds 250m2, for each 250m2 or part thereof –				980
3.2	ERECTION OR EXTENSION FOR OTHER USE – the erection or extension of a building where the main use is for purposes other than storage (including those parts of the building used for car parking and storage that are ancillary to the main use) –
				per m2 of floor area of the building or extension –					13
3.3	Material alteration of a non-domestic building, or the provision or alteration of a controlled service in a non-domestic building, where the estimated cost of the work –
			does not exceed £10,000 –						190
			exceeds £10,000 but does not exceed £50,000 –						550
			exceeds £50,000 but does not exceed £100,000 –						675
			exceeds £100,000 –						1230
3.4	The change of use of a building or part, for any purpose other than the creation of a dwelling –								610
	NOTE 1 Where an application relates to a building for mixed use, the fee for any part used as a dwelling shall be calculated in accordance with item 1 and added to the fee payable under item 3. NOTE 2 Where an application relates to the carrying out of more than one item of work in item 3, the fee payable shall be the aggregate of the fees for each of those items of work.
4	CARRYING OUT OF MISCELLANEOUS WORKS (NOT CHARGEABLE UNDER ANY OTHER ITEM) –
4.1	The erection of a retaining wall –								370
4.2	The provision or material alteration of a drainage system for a dwelling, per dwelling –								115
4.3	The provision or material alteration of other controlled services and fittings not specified in this Schedule for a dwelling, per dwelling –								90
4.4	The carrying out of work to underpin a building –								370”.

7 Citation and commencement

This Order may be cited as the Planning and Environment (2010 Fees) (Jersey) Order 2009 and shall come into force on 1st January 2010.

Signed....................................................................

Date........................................................................

Minister for Planning and Environment