| Department | Strategic Policy, Planning and Performance |
|---|
| Start date | 21/11/2023 |
|---|
| End date | 16/01/2024 |
|---|
| Type of consultation | Other |
|---|
| Deadline for comments | 16/01/2024 |
|---|
About the consultation
This consultation is about the proposed changes to the General Development Order that will deliver greater control over development in conservation areas.
The proposed changes to planning control were originally set out in a framework for conservation areas.
There is now a revised version of the General Development Order that the Minister wants to give Islanders a further opportunity to comment on.
Introduction
Conservation areas are areas of special architectural or historical interest where there is a planning purpose is to protect and improve the character or appearance of that area.
There are currently no conservation areas in Jersey, but their introduction is a longstanding proposal first suggested in the 1987 Island Plan.
The States Assembly approved a proposal in the 2022 Bridging Island Plan to designate conservation areas. They also endorsed changes to the Planning and Building (Jersey) Law to allow the Minister for the Environment to designate them.
Proposal 15 of the Bridging Island Plan states that the first conservation areas to be designated should be drawn from the following list:
- St Aubin
- the historic areas of St Helier
- the areas around the Parish churches of Grouville
- St Lawrence
- St Martin
- Trinity
- St Ouen
- St Peter
- St Clement
- Gorey Village and Pier
- Rozel Harbour
It is proposed that at least 4 conservation areas will be designated in the Island before the end of 2025.
The Minister for the Environment has proposed that St Aubin should be considered as the island’s first conservation area to be designated. Work will be undertaken with all stakeholders with an interest in St Aubin to bring forwards the designation in early 2024.
Purpose of this consultation
The designation of a conservation area is not intended to prevent change, but it does mean that the impact of development proposals on the character of the area will be taken into account when making planning decisions about change and development.
In order to protect their special character there is a need to enhance the level of planning control in conservation areas. This can be achieved through changes to permitted development rights which establish when planning permission is required.
Planning control in conservation areas
The General Development Order already has some controls for conservation areas. The existing controls are proposed to be amended and others added to cover works that could impact the character of an area. The additional controls aim to protect and improve the character and appearance of a conservation area but only where those works are visible from publicly-accessible areas, including roads and the foreshore.
The summary of these changes are set out in the table of proposed revisions to the General Order for conservation areas.
In summary, the changes to the proposed levels of planning control in conservation areas are to:
- amend existing control, so that it only applies when works are visible from a road or the foreshore
- add extend existing provisions to control works that could change the character of a conservation area, again, only when visible from a road or the foreshore
- add new provisions to control installation of new illumination and the painting of external facades in conservation areas only
The proposed changes affect the following parts of the Order:
- Part 1: works to and within the curtilage of a dwelling house
- Part 2: works to and within the curtilage of flats
- Part 3: repairs, maintenance and minor works
- Part 4: renewable energy equipment
- Part 5: development at industrial sites or similar
- Part 6: work undertaken by public authorities
- Part 9: emergency development
Other administrative changes to the GDO are also proposed. These do not influence the level of planning control in conservation areas, but include the following:
- to amend Article 1 to define a conservation area by reference to Article 56A of the Planning and Building (Jersey) Law 2002 under which conservation areas will be designated
- to add a definition of “foreshore”
- to simplify the definition of AAP (area of archaeological potential)
- to delete redundant definitions such as potential Listed buildings or places (pLBP) and the “Minister’s register”
- to update definitions of emergency works.
The detailed changes proposed to the General Development Order are also set out in the proposed draft amended Order:
How to submit comments to the consultation
This consultation is now closed.
Responses to the consultation
Responses to the consultation
Proposed amendments to the Planning and Building (General Development)(Jersey) Order 2011 were published for consultation between November 2023 and January 2024 which generated limited but constructive feedback.
The Minister has carefully considered the responses received and has made some changes to the revised Order. A revised Order has now been made which establishes the requirement for planning permission for works in conservation areas, once these are designated in the island. A number of consequential amendments to associated orders have also been made.
Consultation feedback
GDO amendment: explanatory note
Planning and Building (General Development: Conservation Areas) (Jersey) Amendment Order 2024
gov.je