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Supplementary Planning Guidance: Crime Impact Statements - Consultation Draft

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A decision made 25 November 2011:

Decision Ref:

MD–PE–2011-0119

Subject:

Supplementary Planning Guidance: crime impact statements - draft for consultation

Decision Summary Title:

DS - Supplementary Planning Guidance: crime impact statements - draft for consultation

DS Author:

Principal Planner

DS Date:

24 November 2011

DS Status:

Public

Written Report Title:

WR – Draft Supplementary Planning Guidance – Crime Impact Statements

WR Author:

Principal Planner

WR Date

25 October 2011

WR Status:

Public

Oral Rapporteur:

Principal Planner

Decision(s):

The Minister for Planning and Environment decided to approve the release of the draft Advice Note – ‘Crime Impact Statements’ for consultation purposes (including consultation with key stakeholders and interested parties).

Reason(s) for Decision:

  1. To assist in reducing crime, the fear of crime and the incidence of anti-social behaviour in the built environment.
  2. To help ensure that from the outset, applicants and designers give proper consideration to crime prevention matters and associated good practice, in relation to the nature of proposed developments, the sites and the local context.
  3. To ensure adequate information on crime prevention is provided with relevant planning applications.
  4. To enable those considering development proposals, including observers and decision makers, to better understand schemes and the rationale underpinning proposed design solutions.
  5. To enable better decision making and help smooth the planning process.
  6. To provide an opportunity for key stakeholders and interested parties to influence supplementary planning guidance.
  7. To comply with commitments in the Island Plan for producing supplementary planning guidance.

Legal and Resource Implications:

Article 6 of the Planning and Building (Jersey) Law 2002, provides the Minister with power to issue guidelines and policies (i.e. including supplementary planning guidance) in respect of: development generally; any class of development; the development of an area of land; or the development of a specified site.  Before doing so, the Minister must consult any other Minister or statutory authority with an interest in the development in question.

The development and publication of planning advice notes are in accordance with the above powers.  Also, the main purpose of releasing the draft advice note is to enable formal consultation, prior to review and adoption.  It is not envisaged, therefore, that there will be any legal implications associated with the recommended decision.

The adoption of the guidance itself should assist the Department of the Environment or decision-makers, by providing greater certainty for developers and applicants about what is expected of them.

Action required:

  1. Inform the Crime Reduction Unit and the Minister for Home Affairs of the Minister’s decision, as well as the Chairman of the Environment Scrutiny Panel;
  2. Prepare and Issue a News Release;
  3. Place draft Advice Note on the Department’s Website and invite comments;
  4. Inform the Minister for Planning and Environment of the consultation findings;
  5. Modify the draft Advice Note, as appropriate, and present to the Minister for adoption.

Signature:

 

 

Position:

Deputy RC Duhamel
Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

Hide report
Supplementary Planning Guidance: Crime Impact Statements - Consultation Draft

 

 

Item No:

 

 

Date: 25/10/11

 

DEPARTMENT OF THE ENVIRONMENT

 

Draft Supplementary Planning Guidance –

Crime Impact Statements

 

Purpose of the Report

To seek the Minister’s formal approval for releasing the draft Advice Note on ‘Crime Impact Statements’, as the basis for consultation.  (see attached).

 

Background

1.                  Proposal 1 of the 2011 Island Plan commits the Department of the Environment to preparing and issuing new and revised Supplementary Planning Guidance.  The intention of the guidance is to expand on and clarify specific policies in the Plan (Section 12, Appendix A).  The Plan also provides a list of the guidance to be released over the Plan Period, which includes revised guidance on ‘safety by design’ and crime impact assessment.

2.     There are two policies in the 2011 Island Plan which specifically address crime reduction.  Policy GD1 (General Development Considerations):

         militates against development proposals, which would seriously harm the amenities of neighbouring uses; and

         requires development proposals to take into account the need to design out crime and to facilitate personal safety and security, in accordance with the principles of ‘safety by design’, “by way of a ‘crime impact statement’, if required, as set out in supplementary planning guidance”.

3.  Policy GD7 (Design Quality) promotes high quality design and militates against development proposals, which fail to incorporate features to ‘design out crime’ and to facilitate personal safety and security, in accordance with the principles of ‘safety by design’, again by way of a ‘crime impact statement’ if required.

 

Discussion

4.     Crime and the fear of crime remain legitimate concerns for many Islanders and, although it is a material planning consideration in the planning process, crime prevention has sometimes been overlooked or insufficiently addressed in the application process.

 

  1.                Land use planning has an important role to play in assisting crime reduction and making places safer, by encouraging good design, which pays proper attention to established principles of ‘safety by design’.  ‘Crime impact statements’ are an important mechanism in this regard, to assist in the delivery of good, informed design and in the creation of safe places.  Their importance was highlighted during the recent States debate on the Island Plan, following a successful amendment to policies GD1 and GD7 by Deputy Fox.  This amendment effectively sought planning powers to demand ‘crime impact statements’, where there are concerns about crime and social problems being caused through development proposals. 

 

 

 

  1.                To be effective, ‘crime impact statements’ need to be:

 

  • initiated at the start of the design process; and
  • produced in consultation with the Crime Reduction Officer at the States of Jersey Police, by competent individuals who are aware of best practice.

 

  1.                The draft Advice Note in question provides guidance on the purpose of ‘crime impact statements’, when they are required and what they should contain.

 

  1.                In view of the above, it is recommended that the draft guidance is released for consultation purposes at the earliest opportunity.  This can then be reviewed and amended in response to the findings of the consultation, prior to adoption.  Only when it has been formally adopted by the Minister, will the guidance be treated as a material consideration in the determination of relevant planning applications. 

 

Legal and Resource Implications

9.       Article 6 of the Planning and Building (Jersey) Law 2002, provides the Minister for Planning and Environment with power to issue guidelines and policies (i.e. including supplementary planning guidance) in respect of: development generally; any class of development; the development of any area of land; or the development of a specified site.  Before doing so, the Minister must consult any other Minister or statutory authority with an interest in the development in question.

 

10.  The development and publication of planning advice notes are in accordance with the above powers.  Also, the main purpose of releasing this draft Advice Note is to enable formal consultation, prior to review and adoption.  It is not envisaged, therefore, that there will be any legal implications associated with the recommended decision.

 

11.  The adoption of the guidance itself should assist the Department of Environment and decision-makers by providing a greater certain for developers about what is required of them.

 

Consultation

12.   The draft Advice Note has been prepared by Planning and Building Services in consultation with the Crime Reduction Unit at the States of Jersey Police.  

 

Recommendation

That the Minister for Planning and Environment decides to approve the release of the draft Advice Note – ‘Crime Impact Statements’ for consultation purposes (including consultation with key stakeholders and interested parties).

 

Reason(s) for Decision

1.      To assist in reducing crime, the fear of crime and the incidence of anti-social behaviour in the built environment;

2.      To help ensure that from the outset, applicants and designers give proper consideration to crime prevention matters and associated good practice, in relation to the nature of proposed developments, the sites and the local context;

3.      To ensure adequate information on crime prevention is provided with relevant planning applications;

4.      To enable those considering development proposals, including observers and decision makers, to better understand schemes and the rationale underpinning proposed design solutions;

5.      To enable better decision making and help smooth the planning process;

6.      To provide an opportunity for key stakeholders and interested parties to influence supplementary planning guidance;

7.      To comply with commitments in the Island Plan for producing supplementary planning guidance;

 

Action Required

  • Inform the Crime Reduction Unit and the Minister for Home Affairs of the Minister’s decision, as well as the Chairman of the Environment Scrutiny Panel.
  • Prepare and Issue a News Release.
  • Place the draft Advice Note on the Department’s Website and invite comments.
  • Inform the Minister for Planning and Environment of the consultation findings.
  • Modify the draft Advice Note, as appropriate, and present to the Minister for adoption.

 

Written by:

Roger Corfield, Principal Planner –  26th  October 2011

 

 

Approved by: 

Kevin Pilley, Assistant Director – Policy and Projects

 

 

Endorsed by:

 

 

Attachments:

  • Draft Advice Note – ‘Crime Impact Statements’.

 

File ref: 8/39/10

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