This Briefing Paper provides further guidance to assist States Members in bringing final amendments (and amendments to existing amendments) to the draft Bridging Island Plan. Original guidance was provided in Briefing Paper BP.03/2021.
Introduction
In 2019 the Minister for the Environment (the "Minister") launched the Island Plan Review Programme, with a view to developing a new 10-year Island Plan for the 2021 to 2030 period. However, due to the impact of the Covid-19 pandemic the Minister has developed a shorter-term 'bridging' Island Plan (the "Plan") for the years 2022 to 2025.
A mandatory 12-week period of consultation was completed in 2021, followed by a post-consultation report from the Minister, summarizing and reviewing all representations (including both public representations and States Members' amendments). This report was then followed by an Examination in Public run by independent inspectors in November 2021.
Next Steps
The independent inspectors will prepare a report for the Minister in January 2022. The Minister will then present the report, with his comments, to the States Assembly.
Upon the presentation of the report in January 2022, an amendments period will re-open where members may either submit amendments to previously lodged amendments or lodge new amendments.[1] The Minister for the Environment will also be able to propose his own amendments, both during and following the States Member amendments period.
All amendments to the draft Bridging Island Plan must be made within the timescales specified by the Planning and Building (Jersey) Law 2002, as amended by the Covid-19 (Island Plan) (Jersey) Regulations 2021.
[1] Article 18 of the Planning and Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021
Deadlines
Minister presents his report to the States – Friday 28th January 2022
Period for new amendments – Monday 31st January to Monday 7th February 2022
Period for amendments to amendments – Monday 31st January to Monday 14th February 2022
Minister for the Environment final amendments deadline – Monday 28th February 2022
Restrictions on new amendments
New amendments are allowed within the one-week lodging period detailed above. However, such new amendments are only permitted where they relate to a substantive issue in respect of the draft bridging Island Plan which has already been considered, whether during the consultation process, during the Examination in Public, or in the inspectors' report[1].
On any issue where it is questioned whether or not the matter has been substantively raised in the consultation, the two key places to look are -
Draft Bridging Island Plan - Post-consultation report - part 3 (which covers summaries and statements on the most major issues considered in the consultation)
Draft Bridging Island Plan - Post-consultation report - part 4 (which covers all the issues considered. It should be noted that there needs to have been a substantive consideration of the relevant issue – and not all items within part 4 will be considered sufficiently substantive to amend).
N.B The same restriction applies to amendments to amendments.
Members of the Island Plan Review Team will be available to discuss aspects of any amendment with States Members and further information on their availability will be provided by the Members' Resources team.
[1] Article 18 of the Planning and Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021
