Preservation of Natural Beauty and Control of Agricultural Land (Guernsey) Law, 1959

• I I I I I I I I I I I I l I " '. ' ~ ORDER IN~ COUNCIL :"1* .. ~~ 'ratifying a Projet de Lol ENTITLED ~> 'The' Preservation of Natural Beauty a~d Control of Agricultural Land 1:: I (GuerDsey) LilW, , 1959 ' i '. 'j (Registered on the Records of "the Island of Guernsey "on the 7th day of November, 19:)9.) , 1965. ., Printed by GUERNSEY,HERALD LTD., Vt"ctoria Road. , ., = ,,1 XII 1959 ORDER IN COUNCIL IN THE ROYAL COURT OF THE ISLAND OF GUERNSEY The 7th day of November, 1959, before Sir Ambrose James Sherwill, C.B.E., M.C., Bailiff; present : Sir John Leale, William Robert Freake Clark, Esquire, Bertram Bartlett, Esquire, O.B.E., Donald Carey Brock, Esquire, C.B.E., Osmond Priaulx, Esquire, Wilfred John Corbet, Esquire, O.B.E., Theophile Le Messurier Allez, Bertram Cuy Blampied, Claude Fortescue Nason, Henry Robin Bichard and Stanley Walter Cavey, Esquires, Jurats. The Bailiff having this day placed before the Court an Order of Her Majesty in Council dated the 19th day of October, 1959, ratifying a Projet de Loi entitled" The Preservation of Natural Beauty and Control of Agricultural Land (Guernsey) Law, 1959 ",-the Court, after the reading of the said Order in Council and after having heard Her Majesty's Procureur thereon, ordered that the said Order in Council be registered on the records of this Island, of which Order in. Council the tenor followeth: 2 .at tbe ~ourtat jiutkingfJam ~a[ate The 19th day of October, 1959. PRESENT, ~be ~uecn's .:Most ~xtdltnt .:Majest!'. LORD PRESIDENT LORD PRIVY SEAL LoRD MILLS MR. SECRETARY MACLEOD SIR DAVID ECCLES MR. MAUDLING MR. WATKINSON MR. REDMAYNE WHEREAS there was this day read at the Board a Report from the Right Honourable the Lords of the Committee of Council for the Affairs of Guern sey and Jersey, dated the 6th day of October, 1959, in the words following, viz.: " YOUR MAJESTY having been pleased, by Your General Order of Reference of the 22nd day of February, 1952, to refer unto this Committee the humble Petition of the States of the Island of Guernsey, setting forth: , 1. That, in pursuance of their Resolutions of the IOth day of June, 1953, the 19th day of February, 1954, the 23rd day of March and the 30th day of November, 1955, and the 17th day of December, 1958, the States of Deliberation at a meeting held .on the 27th day of May, 1959, approved a Bill or "Projet de Loi" entitled 3 "The Pr.eservation of Natural Beauty and Control of Agricultural Land (Guernsey) Law, 1959" and requested the Bailiff to present a most humble Petition to Your Majesty in Council praying for Your Royal Sanction thereto. 2. That the said Bill or "Projet de Loi" is in the words and figures set forth in the Schedule hereunto annexed. And most humbly praying that Your Majesty might be graciously pleased to grant Your Royal Sanction to the Bill or "Projet de Loi" of the States of Guernsey entitled "The Preservation of Natural Beauty and Control of Agricultural Land (Guernsey) Law, 1959" and to order that the same shall have force of law in the Island of Guernsey.' "THE LORDS OF THE COMMITTEE, in obedience to Your Majesty's said Order of Reference, have taken the said Petition and the said Projet de Loi into consideration, and do this day agree humbly to report, as their opinion, to Your Majesty, that it may be advisable for Your Majesty to comply with the prayer of the said Petition and to approve of and ratify the said Projet de Loi." HER MAJESTY having taken the said Report into consideration is pleased, by and with the advice of Her Privy Council, to approve of and ratify the said Projet de Loi, and to order, as it is hereby ordered, that the same shall have the force of La1Y within the Island of Guernsey. AND HER MAJESTY doth hereby further direct that this Order, and the said Projet de Loi (a copy whereof is hereunto annexed) he entered upon the Register of the Island of Guernsey and observed accordingly. 4 AND the Lieutenant-Governor and Commander in-Chief of the Island of Guernsey, the Bailiff and Jurats, and all other Her Majesty's Officers, for the time being, in the said Island, and all other persons whom it may concern, are to take notice and govern themselves accordingly. W. G. AGNEW. 5 Projet de Loi referred to in the foregoing Order in Council. PROJET DE LOI ENTITLED The Preservation of Natural Beauty and Control of Agricultural Land (Guernsey) Law, 1959 ARRANGEMENT OF SECTIONS Section PART I Preservation of Natural Beauty and Control of Agricultural Land Committee I. Appointment of Preservation of Natural Beauty and Control of Agricultural Land Com mittee. 2. Constitution of Committee. PART II Control of Agricultural Land 3. Control by Ordinance of development of agri cultural land. 4. Savings. s. Interpretation of Part II. PART III Preservation of Natural Beauty 6. Control by Ordinance of preservation of natural beauty. 7. Obstructions on cliff paths. 8. Interpretation of Part III. 6 Section PART IV General 9. Period of validity of declarations, permissions, permits or licences. 10. Applications for preliminary declaration. II. Prescription of penalties by Ordinance. 12. No compensation for refusal to grant permission. 13. Powers of States LegislatiO'n Committee. 14. Service of Notices. 15. Appeals. 16. PO'wers of Committee to visit sites. 17. States not bound by this Law. 18. Repeals. 19. Citation. 20'. Com·mencement. SCHEDULE: Enactments repealed. 7 PROJET DE LOI ENTITLED The Preservation of Natural Beauty and Control of Agricultural Land (Guernsey) Law, 1959 THE STATES, in pursuance of their Resolutions of the tenth day of June, nineteen hundred and fifty three, the nineteenth day of February, nineteen hundred and fifty-four, the twenty-third day of March and the thirtieth day of November, nine teen hundred and fifty-five, and the seventeenth day of December, nineteen hundred and fifty-eight, have approved the following provisions which, subject to Sanction of Her Most Excellent Majesty in Council, shall have force of law in this Island. PART I Preservation of Natural Beauty and Control of Agricultural Land Committee I. The States -shall, in accordance with the succeed- Appoint . . . f h· P f h· L .. ment of Ing prOVIsIOns 0 t IS . art 0 t IS aw, appOInt a Preservation Committee to be styled the Preservation 'Of Natural of Natural Beauty and Control of Agricultural Land Com- ~~~~~l ~~d mittee (hereinafter referred to as "the Committee") Agricul . h h· . h d f tural Land WIt aut onty to exerCIse t e powers an per orm Committee. the duties conferred and imposed upon it by or under this Law. 2. (I) The Committee shall consist of a President Constitution appointed by the States from among the members of ~it~~~ Control by Ordinance of develop ment of agricultural land. Savings. 8 the States having a seat therein and six other mem bers at least two of whom shall have experience in the· agricultural industry. (2) Two members of the Committee shall retire on the thirtieth day of April, nineteen hundred and sixty-two, and thereafter two members shall retire on the thirtieth day of April of each succeeding year. PART II Control of Agricultural Land 3. The States may, from time to time, by Ordin ance make such provision as they may think neces sary or expedient for controlling the development of agricultural land in this Island and, without preju dice to the generality of the foregoing, they may, from time to time, by Ordinance, in particular, provide for all or any of the following matters: (a) the considerations to be taken into account by the Committee in deciding to grant any permission required, in accordance with the provisions of any such Ordinance, to carry out any development of agricultural land; (b) the control of the removal of any materials forming part of the surface or subsoil of agricultural land and the restoration of such land as agricultural land; (c) such incidental and supplementary matters for which the States deem it necessary or expedient to provide. 4. (I) Permission under the provisions of an Ordin ance made under the provisions of this Part of this Law shall not 'be required for the carrying out of any operation which, for the purposes of that Part 9 of this Law, would constitute development ofagri cultural land if, prior to the appointed day, a "pro noncement prealable ", a permit or a licence was given or issued favourable to, or in respect of, that operation by any Committee, if that "prononcement prealable ", permit or licence is still valid at the time of the commencement of the carrying out of that operation. (2) Any "prononcement prealable" given as aforesaid prior to the appointed day shall be deemed to have been given for a period of validity of one year. 5. Unless the context otherwise requires, for the I,nterpreta purposes of this Part of this Law the following ex- ~~~t ~i. pressions have the meanings hereby respectively assigned to them-. "agricultural land" means any land used 'Or cap able of being used for the purposes of any trade or business of dairy farming, the breed ing, rearing or maintenance of livestock, market gardening or the outdoor cultivation of flowers, bulbs or nursery stock, but does not include land used as a garden other than a market garden; "appointed day" means the day appointed by the States in pursuance of the provisions of section twenty of this Law as the day on which this Part of this Law shall com.e into force; " development" means the carrying out of build ing, engineering, mining or other operations in, on, over 'Or under agricultural land, but does not include the repair or replacement of buildings, the laying down, lifting or repair ing of cables, wires, drains or water, gas or other pipes or the sinking of bore holes and wells for water. Control by Ordinance of preserva tion of natural beauty. 10 PART III Preservation of Natural Beauty 6. The States may from time to time by Ordinance make such provision as they may deem necessary or expedient for preserving the natural beauty of this Island and for ensuring that movable and immov able structures when sited, erected, re..erected or structurally altered are not, because of their siting, exterior appearance or of the materials used in their construction, incongruous with their surroundings and, without prejudice to the generality of the fore going, they may, from time to time, by Ordinance, in particular, provide for all or any of the following matters (a) the control of the siting, erection or re-erec tion of, or the exterior structural alteration to, any movable or immovable structure which is visible from any public or other place to which the public has access, or which, when sited, erected or re-erected, will be so visible; (b) the control of the siting, erection or re·erec tion of, or the exterior structural alteration to, any movable m immovable structure which is situated on the cliffs, or on the land adjacent to the foreshores of this Island; (c) the demolition in whole or in part of any wall, hedge, bank or fence which is visible from any public or other place to which the public has access; (d) the control of the outdoor exhibition of any sign (which expression shall include any poster, bill, notice, advertising banner or flag) on or attached to the exterior of any movable or immovable structure, the plac ing of any such sign on any site and the II painting of any such sign on any exterior surface of any movable or immovable structure where such sign so painted bears any reference to a commercial undertaking; (e) the control of the re-siting or the exterior decoration or re-decoration of any movable structure, or the removal of any such structure from any site in any case where, in the opinion of the Committee, its presence detracts from the amenities of the locality. 7. (I) A person shall not 0 bstmct the passage of C?bstruc- . Pedestrians on an cliff path uons on chff y. paths. (2) A person who contravenes the provisions of this section shall be guilty of an offence and liable, on conviction, to a fine not exceeding ten pounds. 8. Unless the context otherwise requires, for the Interpreta purposes of this Part of this Law the following expres- ~~~ fil. sions have the meanings hereby respectively assigned to them "immovable structure" means any building or structure of whatsoever material or in whatso ever manner constructed and whether per manent or temporary which is or on erection will become realty; "movable structure" means any structure (not being an immovable structure and other than a marquee or a tent) which is intended for anyone or more of the following uses, namely (a) for human habitation or for purposes ancillary thereto; (b) for housing animals or birds; (c) for the sale of refreshments; (d) as a store, shed, workshop, workplace or shelter. Period of validity of declarations, permissions, permits or licences. Applicart:ions for pre liminary declaration. Prescription of penalties by Ordin .ance. No compen sation for refusal to grant permission. 12 PART IV General 9. Any preliminary declaration, permIsSIOn, per mit or licence given or issued under the provisions of this Law or of any Ordinance made hereunder shall remain valid for one year from the date on which it was given or issued. IO. A person who- desires to carry out any develop ment or operation which is controlled by an Ordin ance made under the provisions of this Law may, before making an application to the Committee in that behalf, apply to the Committee for a preliminary declaration as to whether, in principle, the Com mittee, on the submission to it of detailed plans or information, or both, as the Committee may require of the proposed operation, would be likely to grant permission in pursuance 'of the provisions of an Ordinance as aforesaid. 11. The States may, from time to time, by Ordin ance prescribe the penalties which shall be incurred by any person who contravenes or attempts to con travene or fails to comply with the provisions of any Ordinance made under the provisions of this Law or any conditions attached by the Committee to any permission granted to undertake any of the opera tions mentioned in sections three and six hereof. 12. In the event of the Committee refusing to grant an application under the provisions of any Ordinance made under the .provisions of this Law, no compen sation shall be payable by the States for any loss suffered by the applicant for such permission or any other person by reason of such refusal. 13 13· The States Legislation Committee, in carrying Powers of out its functions in pursuance of the provisions of SLtat~sl . egls aUon paragraph (2) of Article 66 of the Reform (Guernsey) Committee. Law, 1948, may refuse to transmit to the States a draft Ordinance, to be made under the provisions of this Law, unless it is satisfied that the same has been prepared in pursuance of a Resolution of the States. 14. Any notice which may be served for the pur poses of this Law or of any Ordinance made here under shall be validly served (a) on any person, if delivered to him, left, or sent by post addressed to him, at his usual or last known place of abode; (b) on any firm, if delivered to any partner of the firm, or left at, or sent by post to, the principal or last known principal place of business of the firm; (c) on any body corporate, if left at, or sent by post to, its registered office if situate in this Island or, if its registered office is not so situate, its principal or last known principal place of business in this Island. Service of notices. IS. (I) Any person aggrieved by any decision of Appeals. the Committee under any of the provisions of this Law or of any Ordinance made hereunder may appeal therefrom to the Royal Court sitting as a Full Court on the grounds that the decision of the Committee was ultra vires or was an unreasonable exercise of its powers. (2) Any appeal under this section shall be instituted by way of summons served on the Presi dent of the Committee to show cause why the decision appealed from should not be set aside or varied. Power", of Committee to visit sites. States not bound by this Law. Repeals. Citation. Commence ment. (3) On any appeal under this section the burden of satisfying the Royal Court that the decision of the Committee which is the subject of the appeal is intra vires or reasonable shall be discharged by the Com mittee, and the appellant shall be entitled to a final right of reply. 16. In the exercise of its powers under this Law or of any Ordinance made hereunder the Committee may, for the purposes of aHiving at any decision, visit any site, and no application under this Law or of any Ordinance made hereunder shall be refused by the Committee until it has first visited the site concerned. 17. Nothing in this Law contained or in any Ordinance made hereunder shall be taken to apply to the States or to any servant or agent of the States when acting for or on behalf of the States within the course of their employment or agency. 18. The Laws set out in the left-hand column of the Schedule to this Law are hereby repea1ed to the extent set out in the right-hand column of that Schedule. 19. This Law may be cited as the Natural Beauty and Land Control Law, 1959. 20. This Law shall come into operation on such date as the States may by Ordinance appoint and any such Ordinance may provide different dates as res pects different provisions of this Law. IS SCHEDULE Section eighteen Enactments repealed Name of Law Extent of repeal The Law entitled "Loi ayant rapport a la The whole Law. Conservation des Falaises et des Beaut'es Naturelles de l'Ile, et a l',Etablissement d'un Controle Administratif sur l'tErection de Biitiments " registered on the Records of this Island on the second day of August, nineteen hundred and twenty-nine. The Law entitled" Loi ayant rapport a la The whole Law. Conservation des Falaises et des Beautes Naturelles de l'Ile, et .a l'Etablissement d'un Controle Administratif sur l'Erection de Biitiments" registered on the Records of this Island on the twenty-seventh day of June, nineteen hundred and thirty-two. The Law entitled "Loi au sujet de la Con- The whole Law. servation des Beautes NaturelIes, 1935" registered on the Records of this Island on the ninth day of March, nineteen hundred and thirty-five. The States Committees (Amendment) Law, Section six 1948. R. H. VIDELO, Her Majesty's Greffier.