Planning and Building (Application Publication) (Jersey) Order 2006

PLANNING AND BUILDING (APPLICATION PUBLICATION) (JERSEY) ORDER 2006 Revised Edition 22.550.10 Showing the law as at 1 January 2009 This is a revised edition of the law Planning and Building (Application Publication) (Jersey) Order 2006 Arrangement Revised Edition – 1 January 2009 Page - 3 22.550.10 PLANNING AND BUILDING (APPLICATION PUBLICATION) (JERSEY) ORDER 2006 Arrangement Article 1 Interpretation ................................................................................................... 5 2 Publicity for applications for planning permission ......................................... 5 3 Evidence of compliance .................................................................................. 6 4 Providing representations in respect of planning applications ........................ 6 5 Citation ............................................................................................................ 7 SCHEDULE 1 8 SITE NOTICE 8 SCHEDULE 2 9 CERTIFICATE OF COMPLIANCE 9 Supporting Documents ENDNOTES 10 Table of Legislation History ......................................................................................... 10 Table of Renumbered Provisions .................................................................................. 10 Table of Endnote References ........................................................................................ 10 Planning and Building (Application Publication) (Jersey) Order 2006 Article 1 Revised Edition – 1 January 2009 Page - 5 22.550.10 PLANNING AND BUILDING (APPLICATION PUBLICATION) (JERSEY) ORDER 2006 THE MINISTER FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 11 and 124 of the Planning and Building (Jersey) Law 20021, orders as follows – Commencement [see endnotes] 1 Interpretation In this Order – “by local advertisement”, in respect of an application for planning permission, means in a manner – (a) that is likely to bring the application to the attention of the public of Jersey; (b) that advises members of the public of Jersey where they may obtain further details of the application; and (c) that advises members of the public of Jersey of the manner in which they may provide representations to the Minister in respect of the application; “by site display”, in respect of a notice, means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public; “Law” means the Planning and Building (Jersey) Law 20022. 2 Publicity for applications for planning permission (1) An application for planning permission made under Article 9 of the Law must be publicized in accordance with this Article. (2) All applications for planning permission will be publicized by the Minister by local advertisement. Article 3 Planning and Building (Application Publication) (Jersey) Order 2006 Page - 6 Revised Edition – 1 January 2009 22.550.10 (3) An application for planning permission must also be publicized by the applicant giving requisite notice by site display in at least one place on or near to the land or building to which the application relates. (4) The notice – (a) must be displayed within 3 days of the applicant receiving from the Minister an acknowledgement of the receipt of the application; and (b) must be displayed for at least 21 days. (5) In paragraph (3) “requisite notice” means notice in the form set out in Schedule 1 or in a form substantially to the like effect. (6) This Article does not apply to any change in an application for planning permission where the Minister has advised the applicant that the change is so minor that the change does not need to be publicized in accordance with this Article. 3 Evidence of compliance (1) For the purpose of Article 11(5) of the Law, evidence of compliance with Article 2(3) shall be by requisite notice given to the Minister accompanied by a copy of the relevant site notice displayed by the applicant. (2) For the purposes of Article 10 of the Law, a notice given under paragraph (1) and the site notice accompanying it are part of an application for planning permission. (3) In paragraph (1) “requisite notice” means notice in the form set out in Schedule 2 or in a form substantially to the like effect. 4 Providing representations in respect of planning applications (1) Except as provided by paragraph (4) or (8), any representation in respect of a planning application must be provided to the Minister within 21 days of the application – (a) first being publicized by the Minister by local advertisement in accordance with Article 2(2); or (b) first being publicized by site display by the applicant in accordance with Article 2(3), whichever is the later.3 (2) A representation must be provided in writing and must contain the name of the person providing the representation and details of how the person may be contacted. (3) It may contain such other information as the person providing the representation considers appropriate. (4) If the Minister considers that it would be in the public interest to do so, the Minister may extend the period of 21 days mentioned in paragraph (1) by such further period as the Minister consider appropriate. Planning and Building (Application Publication) (Jersey) Order 2006 Article 5 Revised Edition – 1 January 2009 Page - 7 22.550.10 (5) The Minister may do so before or at any time after the end of the period of 21 days. (6) For the purpose of Article 11(3) of the Law, the period during which an application for planning approval must be publicized ends – (a) at the end of the period of 21 days mentioned in paragraph (1); but (b) if the Minister extends that period in accordance with paragraph (4) – at the end of the extended period. (7) Paragraph (8) applies if, before the expiry of the period within which representations may be made under this Article, a public inquiry is announced in respect of the planning application, in accordance with the Planning and Building (Public Inquiries) (Jersey) Order 2008 4 .5 (8) A representation made after the announcement of a public inquiry shall be made under that Order, and not under this Article.6 5 Citation This Order may be cited as the Planning and Building (Application Publication) (Jersey) Order 2006. SCHEDULE 1 Planning and Building (Application Publication) (Jersey) Order 2006 Page - 8 Revised Edition – 1 January 2009 22.550.10 SCHEDULE 1 (Article 2(5)) SITE NOTICE NOTIFICATION OF AN APPLICATION FOR PLANNING PERMISSION FOR DEVELOPMENT ON THIS LAND Name and address of applicant Details of proposed development FURTHER DETAILS OF THE PROPOSED DEVELOPMENT Further details of the proposed development may be viewed at the offices of the Planning Department at South Hill, St. Helier, at the Parish Hall of the Parish in which this land is situated or on the Planning Department’s website – www.gov.je/PlanningEnvironment HOW TO PROVIDE A REPRESENTATION Any person may, within 21 days of the first display of this notice, provide the Minister with a representation in respect of the application. It must be provided in writing to the Minister for Planning and Environment c/o The Planning Department, States Offices, South Hill, St. Helier JE2 4US or by email to planning@gov.je It must contain your name and details of how you can be contacted. It may also contain such other information as you consider appropriate. Planning and Building (Application Publication) (Jersey) Order 2006 SCHEDULE 2 Revised Edition – 1 January 2009 Page - 9 22.550.10 SCHEDULE 2 (Article 3(3)) CERTIFICATE OF COMPLIANCE CERTIFICATE OF COMPLIANCE Name and address of person giving certificate Brief details of proposed development Date site notice first displayed I certify that a site notice, a copy of which is attached, was displayed on the site of the proposed development in such a way as to be easily visible and legible by members of the public for at least 21 days. Signature: Date: Endnotes Planning and Building (Application Publication) (Jersey) Order 2006 Page - 10 Revised Edition – 1 January 2009 22.550.10 ENDNOTES Table of Legislation History Legislation Year and No Commencement Planning and Building (Application Publication) (Jersey) Order 2006 R&O.67/2006 1 July 2006 Planning and Building (Public Inquiries) (Jersey) Order 2008 R&O.137/2008 23 October 2008 Table of Renumbered Provisions Original Current 5(1) 5 5(2) Spent, omitted Table of Endnote References 1 chapter 22.275 2 chapter 22.275 3 Article 4(1) amended by R&O.137/2008 4 chapter 22.550.42 5 Article 4(7) inserted by R&O.137/2008 6 Article 4(8) inserted by R&O.137/2008