P.76/2021 - Draft Planning and Building (Amendment No. 8) (Jersey) Law 202-

Scrutiny review - Environment, Housing and Infrastructure Panel

Launch date: 13/10/2021

Review status: Review started

What is the review about?

P.76/2021 (the Draft Planning and Building (Amendment No. 8) (Jersey) Law 202- was lodged au Greffe on 2nd August 2021 by the Minister for the Environment. P.76/2021 makes twenty changes to the existing Planning and Building (Jersey) Law 2002, the main three changes being:

  • powers for the designation of Conservation Areas
  • the determination of public enquiries by a body constituted of the Minister, Assistant Minister(s) and the Planning Committee Chair
  • expanding the definition of "development" to include works to trees

In addition, seven of the proposed twenty changes are described as "minor changes", including updates to the Planning Law to reflect changes in case law and precedents, whilst ten of the twenty changes are described as changes to the Planning Law to reflect "current practice" and "explicitly clarify" how the Planning Law can be applied.

The EHI Panel held a number of concerns regarding P.76/2021:

  • There had been an absence of public or industry consultation on the changes being proposed, prior to lodging;
  • P.76/2021 does not currently include a sufficient level of detail on the impact of the proposed changes to the Planning Law, or how these changes will implemented and resourced;
  • More detail is required with regards to the proposed Conservation Area designation, as well as the impact of the proposed Designating Body in terms of the resource burden for the Government in processing Planning applications

Given these concerns, the Environment, Housing and Infrastructure Scrutiny Panel called P.76/2021 in during the debate on 5th October 2021, with a view to producing a report ahead of the rescheduled debate on 18th January 2021.

Review progress

To inform its review, the Panel will be writing to representatives from the construction, environmental, farming, heritage and building sectors to seek their views on P.76/2021. The Panel will also be holding a Public Hearing with the Minister for the Environment in December 2021 on this subject. 

Islanders are encouraged to share their views by:

  • Completing the 'Get involved' form on the States Assembly website;
  • Emailing scrutiny@gov.je; or
  • Messaging the States Assembly social media pages. 

Terms of reference

​TBC

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