Planning and Building (General Development) (Jersey) Order 2008

PLANNING AND BUILDING (GENERAL DEVELOPMENT) (JERSEY) ORDER 2008 Revised Edition 22.550.25 Showing the law as at 1 January 2010 This is a revised edition of the law Planning and Building (General Development) (Jersey) Order 2008 Arrangement Revised Edition – 1 January 2010 Page - 3 22.550.25 PLANNING AND BUILDING (GENERAL DEVELOPMENT) (JERSEY) ORDER 2008 Arrangement Article 1 Interpretation ................................................................................................... 5 2 Permitted development .................................................................................... 6 3 Use classes ...................................................................................................... 6 4 Directions restricting permitted development ................................................. 7 5 Savings ............................................................................................................ 8 6 Citation ............................................................................................................ 8 SCHEDULE 1 9 PERMITTED DEVELOPMENT 9 PART 1 9 WORK CARRIED OUT WITHIN THE CURTILAGE OF A DWELLING HOUSE 9 PART 2 13 REPAIRS, MAINTENANCE AND TEMPORARY OR MINOR WORKS 13 PART 3 19 DEVELOPMENT BY PROVIDERS OF PUBLIC SERVICES AND UTILITIES 19 PART 4 21 DEMOLITION 21 PART 5 22 CHANGES OF USE 22 Arrangement Planning and Building (General Development) (Jersey) Order 2008 Page - 4 Revised Edition – 1 January 2010 22.550.25 ANNEXURE 24 SCHEDULE 2 25 USE CLASSES 25 Class A – Shop ............................................................................................................. 25 Class B – Food and drink ............................................................................................. 25 Class C – Office ........................................................................................................... 26 Class D – Agriculture ................................................................................................... 26 Class E – Warehouse .................................................................................................... 26 Class F – Accommodation ........................................................................................... 26 Class G – Social ........................................................................................................... 26 Class H – Leisure ......................................................................................................... 26 Class I – Entertainment ................................................................................................ 26 Class J – Residential institutions .................................................................................. 27 Class K – Medical and welfare ..................................................................................... 27 Class L – Special institutions ....................................................................................... 27 Supporting Documents ENDNOTES 28 Table of Legislation History ......................................................................................... 28 Table of Renumbered Provisions ................................................................................. 28 Table of Endnote References ....................................................................................... 28 Planning and Building (General Development) (Jersey) Order 2008 Article 1 Revised Edition – 1 January 2010 Page - 5 22.550.25 PLANNING AND BUILDING (GENERAL DEVELOPMENT) (JERSEY) ORDER 2008 THE MINISTER FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 8(3)(a) and 124 of the Planning and Building (Jersey) Law 20021, orders as follows – Commencement [see endnotes] 1 Interpretation In this Order, unless the context otherwise requires – “AAP” means an area registered in the Minister’s register as an area of archaeological potential; “agricultural land” means land to which the Protection of Agricultural Land (Jersey) Law 19642 applies; “AS” means a site registered in the Minister’s register as a archaeological site; “betting office” means a building in respect of which there is in force a betting office licence granted pursuant to Regulations made under the Gambling (Jersey) Law 19643; “BLI” means a building registered in the Minister’s register as a building of local interest; “building” does not include plant or machinery or a structure or erection in the nature of plant or machinery but does include any other structure or erection and a part of a building as so defined; “dwelling-house” does not include a building containing one or more flats, or a flat contained within such a building; “flat” means a separate and self-contained set of premises – (a) constructed for use for the purposes of a dwelling; and (b) forming part of a building from some other part of which it is divided horizontally; Article 2 Planning and Building (General Development) (Jersey) Order 2008 Page - 6 Revised Edition – 1 January 2010 22.550.25 “ground level”, in respect of a building – (a) means the level of the surface of the ground immediately adjacent to it; but (b) if the level of the surface of the ground on which it is situated or is to be situated is not uniform, means the level of the lowest part of the surface of the ground adjacent to the building; “guest house” means premises registered in the Guest House Register under the Tourism (Jersey) Law 19484; “HCA” means an area designated as an historic character area in guidelines published by the Minister under Article 6 of the Law; “height”, in respect of a building, means the height of the building above ground-level; “highway authority”, in the case of a road repairable at the expense of the States or a parish, means, in relation to – (a) a main road, the Minister for Transport and Technical Services; or (b) a by-road, the Roads Committee of the parish in which the road is situated; “Law” means the Planning and Building (Jersey) Law 20025; “Minister’s register” means the register of buildings of architectural, archaeological or historic interest published by the Minister; “motor vehicle” has the same meaning as in the Road Traffic (Jersey) Law 19566; “pSSI” means a site registered in the Minister’s register as a proposed SSI; “principal elevation”, in respect of a building, means any elevation of the building that faces a road; “road” has the same meaning as in the Roads Administration (Jersey) Law 19607; “SSI” means a site of special interest as defined by Article 50 of the Law. 2 Permitted development (1) Planning permission is hereby granted by the Minister for the classes of development described as permitted development in Schedule 1. (2) The permission granted by paragraph (1) is subject to any relevant exceptions, limitations or condition specified in Schedule 1. 3 Use classes (1) Planning permission is hereby granted by the Minister where a building or other land is used for a purpose specified in a use Class set out in Schedule 2 to use the building or land for another purpose specified in that use Class. Planning and Building (General Development) (Jersey) Order 2008 Article 4 Revised Edition – 1 January 2010 Page - 7 22.550.25 (2) A use that is ordinarily incidental to and included in a use set out in Schedule 2 is not excluded from that use as an incident of that use merely by reason of its specification in that Schedule as a separate use. (3) No use Class set out in Schedule 2 includes use – (a) as an amusement arcade or centre, or funfair; (b) for the washing of clothes or fabrics in coin-operated machines or on premises at which the goods to be cleaned are received direct from the visiting public; (c) for the sale of fuel for motor vehicles; (d) for the sale or display of motor vehicles; (e) for a taxi business or business for the hire of motor vehicles; (f) as a scrap yard, or a yard for the storage or distribution of minerals or the breaking of motor vehicles. 4 Directions restricting permitted development (1) This Article applies where the Minister is satisfied that in respect of a particular building or land it is expedient that – (a) permitted development described in a Part, Class or paragraph set out in Schedule 1; or (b) a change of use within a use Class set out in Schedule 2, should not be carried out unless permission is granted by the Minister on application made to the Minister. (2) The Minister may give a direction that the permission granted by Article 2 or 3, as the case may be, shall not apply in respect of the building or land to – (a) all or any development of the Part, Class or paragraph; or (b) the change of use within the use Class, specified in the direction. (3) The Minister must serve notice of a direction given under paragraph (2) on the owner and (if different) the occupier of the building or land to which it applies. (4) A direction under paragraph (2) has effect from the service of the notice on the owner of the building or land in accordance with paragraph (3). (5) A direction may be given as a condition of any planning permission in respect of the building or land to which the direction applies. (6) Where a direction is so given the planning permission shall have effect as if it were notice served in accordance with paragraph (3). Article 5 Planning and Building (General Development) (Jersey) Order 2008 Page - 8 Revised Edition – 1 January 2010 22.550.25 5 Savings (1) Nothing in this Order permits development contrary to any conditions imposed by the Minister on the previous grant of any planning permission. (2) Nothing in the Order exempts a person carrying out development for which permission is granted by this Order from compliance with any other enactment. (3) The permission granted by this Order shall not apply if – (a) in the case of permission granted in connection with an existing building, the building operations involved in the construction of that building are unlawful; (b) in the case of permission granted in connection with an existing use, that use is unlawful. 6 Citation This Order may be cited as the Planning and Building (General Development) (Jersey) Order 2008. Planning and Building (General Development) (Jersey) Order 2008 SCHEDULE 1 Revised Edition – 1 January 2010 Page - 9 22.550.25 SCHEDULE 1 (Article 2) PERMITTED DEVELOPMENT PART 1 WORK CARRIED OUT WITHIN THE CURTILAGE OF A DWELLING-HOUSE CLASS A Permitted development A.1 The installation of a bathroom or water closet within the curtilage of a dwelling-house. Work not permitted A.2 Work is not permitted by Class A if the dwelling house is or forms part of an SSI, or, if the works involve works below ground level, an AS or an AAP. CLASS B Permitted development B.1 The erection, construction or placing and the maintenance, improvement or other alteration within the curtilage of a dwelling-house of – (a) a structure required for a purpose (other than habitation) incidental to the enjoyment of the dwelling-house as such; or (b) a building or enclosure required for the keeping of domestic animals for the personal enjoyment of the occupants of the dwelling-house only. Work not permitted B.2 Work is not permitted by Class B if – (a) with the exception of flagpoles, any part of the structure, building or enclosure is in front of the building line of a principal elevation of the dwelling-house; (b) with the exception of freestanding flagpoles, the dwelling house and its curtilage is or forms part of an SSI, a pSSI, a BLI, an AS, an AAP or a HCA; (c) with the exception of flagpoles, any part of the structure, building or enclosure exceeds SCHEDULE 1 Planning and Building (General Development) (Jersey) Order 2008 Page - 10 Revised Edition – 1 January 2010 22.550.25 the maximum height of – (i) 3.5 metres if the roof is pitched, (ii) 2.5 metres if the roof is flat, or (iii) 2 metres if the roof is within 60 centimetres of an adjoining property; (d) with the exception of a swimming pool, the total aggregated external area of any structures or buildings erected under this Class and Class C of this Part of this Schedule since 1st June 2007 exceeds 25 square metres; (e) the work involves the formation, laying out or material widening of a means of access to a road; (f) the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person. Condition B.3 The structure, building or enclosure must not be used for a commercial purpose or for human habitation. B.4 On sloping ground, no retention structure for a swimming pool shall exceed 1 metre in height. B.5 In the case of a flagpole, it must not be used to display an advertisement for which permission is required under the Planning and Building (Display of Advertisements) (Jersey) Order 20068. CLASS C Permitted development C.1 The erection, construction or placing and the maintenance, improvement or other alteration within the curtilage of a dwelling-house of – (a) a conservatory or an extension to the house; (b) the replacement of a window with a door; (c) the replacement of a door with a window; (d) the creation of new window and door openings. Work not permitted C.2 Work is not permitted by Class C if – Planning and Building (General Development) (Jersey) Order 2008 SCHEDULE 1 Revised Edition – 1 January 2010 Page - 11 22.550.25 (a) the dwelling house is or forms part of an SSI, a pSSI, a BLI, an AS, an AAP or a HCA, or in the case of replacement of windows and doors in painted timber, the dwelling was constructed before 1920; (b) any part of the conservatory or extension is in front of the building line of a principal elevation of the dwelling-house; (c) the interior of a conservatory or extension is not accessible from the interior of the dwelling-house; (d) any part of the structure, building or enclosure exceeds the maximum height of – (i) 3.5 metres if the roof is pitched, (ii) 2.5 metres if the roof is flat, or (iii) 2 metres if the roof is within 60 centimetres of an adjoining property; (e) the aggregate external area of any buildings under this Class and Class B of this Part of this Schedule since the 1st June 2007 exceeds 25 square metres; (f) the work involves the formation, laying out or material widening of a means of access to a road; (g) the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person; (h) in the case of the replacement of windows and doors, and the creation of new window or door openings, the alteration occurs above the ground floor. Conditions C.3 The conservatory or extension must not be used for a commercial purpose or as a separate unit of accommodation. CLASS D Permitted development D.1 The erection, construction, maintenance, improvement or other alteration within the curtilage of a dwelling-house of a gate, fence, wall or other means of enclosure. SCHEDULE 1 Planning and Building (General Development) (Jersey) Order 2008 Page - 12 Revised Edition – 1 January 2010 22.550.25 Work not permitted D.2 Work is not permitted by Class D if – (a) the dwelling house is or forms part of an SSI, a pSSI, a BLI, an AS, an AAP or a HCA; (b) in the case of the erection, construction or alteration of a gate, fence, wall or other means of enclosure – (i) abutting on, and within 2 metres of a road – its highest point will be more than 90 centimetres above the level of the road, or (ii) in any other case – its highest point will be more than 2 metres above ground level on either side; (c) the work involves the formation, laying out or widening of a means of access to a road where the access will be more than 1 metre wide; (d) the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person. CLASS E Permitted development E.1 The excavation, levelling or metalling within the curtilage of a dwelling-house of a driveway, turning area or car park, or the creation of a patio, pathway, decked area or other hardstanding. Work not permitted E.2 Work is not permitted by Class E if – (a) in the case of a driveway, turning area or car park, the dwelling-house is or forms part of an SSI, a pSSI, a BLI, a HCA, or if excavation is involved, an AS, or an AAP; (b) the work exceeds 40 centimetres in height above existing ground level; (c) the work involves the formation, laying out or material widening of a means of access to a road; (d) the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person; (e) the work would discharge surface water onto a road adjoining the property and the Planning and Building (General Development) (Jersey) Order 2008 SCHEDULE 1 Revised Edition – 1 January 2010 Page - 13 22.550.25 approval of any highway authority to the discharge has not been obtained. CLASS F Permitted development F.1 The erection, construction or placing, maintenance, improvement or other alteration within the curtilage of a dwelling-house of a tank for the storage of liquid or gaseous fuel for use for the domestic purposes of the dwelling house. Work not permitted F.2 Work is not permitted by Class F if – (a) the dwelling-house is or forms part of an SSI, a pSSI, a BLI, a HCA, or, if excavation is involved, an AS or an AAP; (b) any part of the work is in front of the building line of the principal elevation of the dwelling house; (c) the capacity of the tank exceeds 3,500 litres; (d) the height of the tank exceeds 2.25 metres above ground level; (e) the work involves the formation, laying out or material widening of a means of access to a road; (f) the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person. PART 29 REPAIRS, MAINTENANCE AND TEMPORARY OR MINOR WORKS CLASS A Permitted development A.1 The painting of the exterior, or any part of the exterior of a building or other structure. Interpretation of Class A A.2 For the purpose of Class A “painting” includes any application of, or material change of, colour. Work not permitted A.3 Work is not permitted by Class A if the building is an SSI, a pSSI, a BLI or situated in a HCA and the part of the building to be painted has never been painted. CLASS B SCHEDULE 1 Planning and Building (General Development) (Jersey) Order 2008 Page - 14 Revised Edition – 1 January 2010 22.550.25 Permitted development B.1 The erection, construction or placing and the maintenance, improvement or other alteration of television, radio or other antennae. Work not permitted B.2 Work is not permitted by Class B if – (a) in the case of an antennae, its diameter exceeds 60 centimetres; (b) the work is the erection, construction or placing of mobile telephone network equipment; or (c) the building on which the installation is to be placed is an SSI, a pSSI or a BLI, or, where the installation would face a road, a HCA. CLASS C Permitted development C.1 The provision on land of a building, movable structure, work, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or adjoining land. Work not permitted C.2 Work is not permitted by Class C if – (a) permission is required for the operations that are to be carried out but has not been granted by the Minister; (b) the work involves the formation, laying out or material widening of a means of access to a road; (c) the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person. Conditions C.3 If the building or movable structure is to be used for habitation or is to contain sanitation facilities permission must have been obtained under the Building Bye-laws. C.4 When the operations have been carried out – (a) any building, movable structure, work, plant or machinery permitted by Class C is removed; (b) any adjoining land on which work permitted by Class C has been carried out must, as soon as reasonably practicable, be reinstated to its condition before that work was carried out. Planning and Building (General Development) (Jersey) Order 2008 SCHEDULE 1 Revised Edition – 1 January 2010 Page - 15 22.550.25 CLASS D Permitted development D.1 Work carried out on industrial land for the purpose of an industrial process consisting of – (a) the installation of additional or replacement plant or machinery; or (b) the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus. Work not permitted D.2 Work is not permitted by Class D if – (a) the land is or forms part of property that is an SSI, a pSSI, an AS, or an AAP; (b) the work would materially affect the external appearance of the premises of the undertaking concerned; (c) the work would result in an increase of noise, smells, dust or other pollution; (d) any additional or replacement plant or machinery would exceed the height of existing plant or machinery or anything it replaced; (e) the work involves the formation, laying out or material widening of a means of access to a road; (f) the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person. Interpretation of Class D D.3 For the purposes of Class D – “industrial land” means land used to carry out an industrial process; “industrial process” means any process that is necessary or incidental – (a) to make an article or part of an article; (b) to alter, repair, ornament, finish, clean, wash, pack or can, or to adapt for sale or to demolish an article. CLASS E Permitted development E.1 The carrying out of work required for the maintenance of a private way including the placing of lamp columns and luminaires, seats, SCHEDULE 1 Planning and Building (General Development) (Jersey) Order 2008 Page - 16 Revised Edition – 1 January 2010 22.550.25 fire alarms, cycle racks, closed circuit television cameras, drinking fountains, refuse bins or baskets, bollards, barriers for the control of people and vehicles, and similar structures or works required in connection with the private way. Work not permitted E.2 Work is not permitted by Class E if the work or any part of the work is outside the boundaries of the way. Interpretation of Class E E.3 For the purposes of Class E “private way” means a road or footpath that is not repairable at the expense of the States or any parish. CLASS F Permitted development F.1 The creation of a new means of access or the widening of an existing means of access to a road from agricultural land. Work not permitted F.2 Work is not permitted by Class F if – (a) the land is or is within an SSI, an AS, an AAP or a HCA; (b) the work would create an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause danger to such a person; (c) the access is not to be used solely or mainly for agricultural purposes. Condition F.3 The approval of the relevant highway authority must have been obtained before the means of access is made or widened. CLASS G Permitted development G.1 The carrying out of work for the maintenance or repair of a building, including the replacement of a window or door. Work not permitted G.2 Work (other than a minor repair) is not permitted by Class G if – (a) the building is or is part of an SSI, a pSSI or a BLI; or (b) except in an emergency, the work would materially affect the external appearance of the building. Interpretation of Class G For the purposes of Class G, development is a “minor repair” if the work – (a) is minor, and does not, where the building is Planning and Building (General Development) (Jersey) Order 2008 SCHEDULE 1 Revised Edition – 1 January 2010 Page - 17 22.550.25 or is part of an SSI, a pSSI or a BLI, adversely affect the special interest for which the building has that status; (b) uses exactly the same materials as the existing materials; (c) does not introduce any different materials; (d) does not remove any element and replace it. CLASS H Permitted development H.1 The installation of photovoltaic or water-heating solar panels or similar device at ground level or flush with and on a sloping roof plane. Conditions H.2 Solar panels attached to a sloping roof plane must not exceed 50% of the area of the roof-plane and must project no more than 10 cm above the roof plane. H.3 Ground mounted panels must not exceed 2.5 metres in height or 2 metres in height if they are within 60 centimetres of the property boundary. Work not permitted H.4 Work is not permitted by Class H if – (a) the property where the installation is to take place is or forms part of an SSI, a pSSI, a BLI, a HCA or, if excavation is involved, an AS or an AAP; or (b) in the case of a photovoltaic panel, the property on which it is to be installed is located within an area shown hatched red on the map set out in the annexure to this Schedule. CLASS I Permitted development I.1 The erection of a temporary structure on agricultural land to shelter livestock. Work not permitted I.2 Work is not permitted by Class I if – (a) the total aggregated external area of any structures or buildings erected under this Class since 1st June 2007 exceeds 25 square metres; or (b) the works involve excavation of ground and the property is an SSI, AS or AAP. Condition I.3 The aggregate area of the structure or, where there are more than one, the structures, must not exceed 25 sq. metres in area. SCHEDULE 1 Planning and Building (General Development) (Jersey) Order 2008 Page - 18 Revised Edition – 1 January 2010 22.550.25 I.4 The structure shall not be more than 3.5 metres in height above ground level. I.5 The structure shall not be erected within 15 metres of a road or within 30 metres of a boundary with residential property. I.7 The structure must be clad in natural-coloured timber. CLASS J J.1 The creation of an equestrian sand school, by a bona-fide agriculturalist, for private use on agricultural land. Work not permitted J.2 Work is not permitted by Class J if the works involve excavation of ground and the property is an SSI, AS or AAP. Condition J.3 The sanded area must not be used for commercial purposes. J.4 On sloping ground, no retention structure shall exceed 1 metre in height above ground level. J.5 The sand school shall not exceed 800 square metres in area. CLASS K Permitted development K.1 The erection of a fence on agricultural land. Condition K.2 The fence must be of post and rail, with or without netting. Work not permitted K.3 Work is not permitted by Class K if – (a) the fence exceeds 1.2 metres in height; or (b) the works involve excavation of ground and the property is an SSI, AS or AAP. CLASS L Permitted development L.1 The use of land forming part of a public highway for al fresco eating and drinking. Work not permitted L.2 Work is not permitted by Class L if the work consists of the erection of any structures associated with the proposed use that would otherwise require planning permission. Condition L.3 The use must be with and in accordance with the written approval of the highway and licensing authorities. CLASS M Permitted development M.1 The installation of a geo-thermal heating system. Planning and Building (General Development) (Jersey) Order 2008 SCHEDULE 1 Revised Edition – 1 January 2010 Page - 19 22.550.25 Work not permitted M.2 Work is not permitted by Class M if the installation of the system is on property that is an SSI, an AS or an AAP. CLASS N Permitted development N.1 The erection of a wind-turbine for the generation of electricity on or within the curtilage of any building. Work not permitted N.2 Work is not permitted by Class N if – (a) the height of the top of the turbine, including the arc of the blades, erected under this Class exceeds the height of the tallest building, on the site by 2 metres; (b) the maximum diameter of the sweep of the turbine’s blades exceeds 1.75 metres; (c) in the case of wind-turbine not attached to a building, the structure supporting the wind turbine is less than 5 metres from the property boundary; (d) a written statement has not been obtained from Jersey Airport Administration stating that it has no objection to the proposed wind turbine on the grounds of hazards to aircraft or airport operations; or (e) the building to which the turbine is to be attached is an AS, SSI, a pSSI or a BLI or is within an HCA or, for a wind-turbine not attached to the building, is located in an AAP. PART 3 DEVELOPMENT BY PROVIDERS OF PUBLIC SERVICES AND UTILITIES CLASS A Permitted development A.1 The erection or construction, or the maintenance, improvement or other alteration by a public or parochial authority of – (a) temporary works and equipment on land belonging to or maintained by the authority required for the purposes of a function exercised by the authority on that land; or (b) lamp columns and luminaires, public seats, fire alarms, cycle racks, closed circuit television cameras, public drinking SCHEDULE 1 Planning and Building (General Development) (Jersey) Order 2008 Page - 20 Revised Edition – 1 January 2010 22.550.25 fountains, refuse bins or baskets, bollards, barriers for the control of people and vehicles, and similar structures or works required in connection with the operation of a public service administered by them. Work not permitted A.2 Work is not permitted by Class A if – (a) it involves the formation, laying out or material widening of a means of access to a road; (b) in the case of an item referred to in paragraph A.1(b) of this Class, it is not of a type previously approved for the purpose by the Minister; or (c) the works involve excavation of ground and the property is an SSI, AS or AAP. Interpretation of Class A A.3 For the purposes of Class A “public authority” includes a statutory corporation established for a public purpose and any Minister. CLASS B Permitted development B.1 The carrying out by a provider of sewerage, gas, water or electricity to the public of work necessary to lay, place, inspect, repair or renew a sewer, main, pipe, line or cable or other apparatus for the provision of a service to the public or any portion of the public. Work not permitted B.2 Work is not permitted by Class C if – (a) the work is to be carried out on property that is or forms part of an SSI, an AS or an AAP; or (b) in the case of the placing of new work, any of the work would on its completion be above ground level. Condition B.3 On completion of any work carried out underground the surface of the site is returned to its former condition. CLASS C Permitted development C.1 The installation within the area of a harbour administered by the Minister for Economic Development of technical equipment necessary for the operation of the harbour. Work not permitted C.2 Work is not permitted by Class C if the area is or is within an SSI, a pSSI, a BLI or a HCA, or, if excavation is involved, an AS or an AAP. Planning and Building (General Development) (Jersey) Order 2008 SCHEDULE 1 Revised Edition – 1 January 2010 Page - 21 22.550.25 CLASS D Permitted development D.1 The excavation and construction of aprons within the boundaries of the airport and the installation within those boundaries of technical equipment necessary for the operation of the airport. Work not permitted D.2 Work is not permitted by Class D if excavation is involved and the property is an SSI, an AS or an AAP. PART 4 DEMOLITION CLASS A Permitted development A.1 The demolition of – (a) a wall, fence, gate, or boundary enclosure; (b) a building of an impermanent nature (for example, a timber shed); (c) a domestic garage or a similar minor permanent structure; (d) a structure the construction of which would be Permitted development by virtue of Part 1 of this Schedule (a structure within the curtilage of a dwelling-house); (e) a building used for an agricultural purpose, including the storage of machinery or produce, and the housing of livestock; (f) a domestic or commercial glasshouse; (g) a temporary unit of staff accommodation. Work not permitted A.2 Work is not permitted by Class A if – (a) if the structure or building to be demolished is or forms part of an SSI, a pSSI or a BLI; (b) the work would create a vehicular access to premises; (c) in the case of a wall, fence, gate, or boundary enclosure to be demolished, it is a field boundary or adjoins a road; (d) the building to be demolished is a permanent dwelling. SCHEDULE 1 Planning and Building (General Development) (Jersey) Order 2008 Page - 22 Revised Edition – 1 January 2010 22.550.25 Conditions A3 If the work is the partial demolition of a building or structure, that any exposed structures are made good and decorated to match the remains of the building or structure; A4 If the work requires the disconnection of a mains service, that the demolition is not started until the Building Control Surveyor of the Minister for Planning and Environment has been consulted. PART 5 CHANGES OF USE CLASS A Permitted development A.1 Development consisting of a change of use of a building from use as – (a) a shop for the sale of hot food for consumption off the premises; (b) a building used for the letting on hire of hire vehicles (other than any external area on which hire vehicles are stored), to a use falling within use Class A (shops) of Schedule 2. Interpretation of Class A A.2 For the purposes of Class A – “hire vehicle” has the same meaning as in the Motor Vehicle Registration (General Provisions) (Jersey) Order 199310. CLASS B Permitted development B.1 Development consisting of a change of use from – Class C – office to Class G – social; Class C – office to Class K – medical and welfare; Class H – leisure to Class G – social; Class I – entertainment to Class G – social; Class I – entertainment to Class H – leisure; Class J – residential institution to Class F – accommodation; Class K – medical and welfare to Class C – office; Class K – medical and welfare to Class G – social; Class L – special institution to Class F – Planning and Building (General Development) (Jersey) Order 2008 SCHEDULE 1 Revised Edition – 1 January 2010 Page - 23 22.550.25 accommodation; Class F – accommodation to Class J – residential institution. Interpretation of Class B B.2 For the purposes of Class B, a reference to a Class by letter is a reference to the use Class bearing that letter in Schedule 2. CLASS C Permitted development C Work that consists of a change of the use of land within the curtilage of a dwelling-house from a use incidental to the enjoyment of the dwelling house to another use incidental to that enjoyment. SCHEDULE 1 Planning and Building (General Development) (Jersey) Order 2008 Page - 24 Revised Edition – 1 January 2010 22.550.25 ANNEXURE Planning and Building (General Development) (Jersey) Order 2008 SCHEDULE 2 Revised Edition – 1 January 2010 Page - 25 22.550.25 SCHEDULE 2 (Article 3) USE CLASSES Class A – Shop Use for all or any of the following purposes – (a) for the retail sale of any goods; (b) as a post office; (c) for the sale of tickets or as a retail travel agency; (d) for the sale of sandwiches and other cold (but not hot) food for consumption off the premises; (e) as a hair or beauty salon; (f) as a betting office; (g) as an estate agency; (h) as a shop for the sale of financial services or advice; (i) as a retail pharmacy or dispensary; (j) for the display of goods for sale; (k) for the hire of domestic or personal goods or articles; and (l) for the reception of goods to be washed, cleaned or repaired, where the sale, display or service is to visiting members of the public. Class B – Food and drink Use for the sale of food or drink for consumption on the premises, including use as – (a) a restaurant; or (b) a cafeteria; except that this class does not include use as – (i) a take-away; (ii) a public house; (iii) a discotheque; or (iv) a night-club. SCHEDULE 2 Planning and Building (General Development) (Jersey) Order 2008 Page - 26 Revised Edition – 1 January 2010 22.550.25 Class C – Office Use as an office for any purpose. Class D – Agriculture Use as a building for agricultural purposes. Class E – Warehouse Use as a wholesale (but not retail) warehouse or repository for any purpose except that this class does not include use as – (a) a store for motor vehicles in respect of which there is or will be in force a licence under the Hire Cars (Jersey) Law 196411; (b) a store for agricultural purposes. Class F – Accommodation Use as – (a) a guest house; (b) a hotel. Class G – Social Use of a building for – (a) public worship and religious instruction; (b) an art gallery (other than for business purposes); (c) a museum; (d) a public library; (e) an exhibition hall; (f) a community centre or social centre; (g) a non-residential club. Class H – Leisure Use of a building for – (a) a skating rink; (b) a swimming bath; (c) a gymnasium. Class I – Entertainment Use of a building for – Planning and Building (General Development) (Jersey) Order 2008 SCHEDULE 2 Revised Edition – 1 January 2010 Page - 27 22.550.25 (a) a theatre; (b) a cinema; (c) a concert hall. Class J – Residential institutions Use as – (a) a home or institution providing for boarding, care and maintenance of children, old persons or persons under disability; (b) a convalescent home; (c) a nursing home; (d) a hospital. Class K – Medical and welfare Use (other than residentially) as – (a) a health centre; (b) a clinic; (c) a dispensary; or (d) a consulting room or surgery. Class L – Special institutions Use as a hospital, hostel or institution in which people may be detained by order of a court or may reside under a requirement of a probation or supervision order. Endnotes Planning and Building (General Development) (Jersey) Order 2008 Page - 28 Revised Edition – 1 January 2010 22.550.25 ENDNOTES Table of Legislation History Legislation Year and No Commencement Planning and Building (General Development) (Jersey) Order 2008 R&O.105/2008 10 September 2008 Planning and Building (General Development) (Amendment) (Jersey) Order 2009 R&O.28/2009 16 March 2009 Table of Renumbered Provisions Original Current 6 Spent, omitted 7(1) 6 7(2) Spent, omitted Table of Endnote References 1 chapter 22.550 2 chapter 22.675 3 chapter 11.300 4 chapter 05.850 5 chapter 22.550 6 chapter 25.550 7 chapter 25.650 8 chapter 22.550.15 9 Schedule 1, Part 2 amended by R&O.28/2009 10 chapter 25.350 11 L.21/1964 (repealed by L.5/2004)