DEPARTMENT OF THE ENVIRONMENT
Supplementary Planning Guidance –
Crime Impact Statements
Purpose of the Report
To seek the Minister’s formal adoption of the Advice Note on ‘Crime Impact Statements’. (see attached).
Background
1. On 25th November 2011, the Minister decided to approve the release of the draft Advice Note – ‘Crime Impact Statements’ for consultation purposes, including consultation with key stakeholders and interested parties (MD-PE-2011-0119).
2. The document was prepared in accordance with Proposal 1 of the 2011 Island Plan, in order to expand on and clarify the relevant parts of Island Plan policies GD1 (General development considerations) and GD7 (Design quality).
3. These policies require 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”. Policy GD7 requires proposals to incorporate relevant features to that end and in the interests of high quality design.
4. The draft advice note was published on the States’ website and sent out to key stakeholders on 14th December 2011 and the closing date for comments was 17th February 2012.
5. It is a relatively simple document, which sets out:
the purposes of crime impact statements;
when they are required; and
what they should contain.
6. A consultation paper and questionnaire were included on the States’ website, to assist the public consultation process,
Discussion
7. A summary of the findings of the consultation process is set out in Appendix 1. There were only seven completed questionnaires and, therefore, this cannot be regarded as statistically meaningful, or an accurate account of public opinion. The completed questionnaires show polarised positions with slightly more in favour of the guidance than against, as summarised in Appendix 1A.
8. These representations received were valuable in raising a number of issues and concerns, which are addressed in Appendix 1B. Those opposed to the guidance raised various concerns, questioning, among other things, whether:
- the guidance would lead to gated communities and CCTV as a standard response;
- crime impact should be ancillary to good design in planning new developments;
- references to UK guidance should be substituted with “Jersey-relevant guidance”;
- the release of the guidance should be delayed until the ‘Design for Homes’ SPG is available;
- the guidance would generate unnecessary paperwork, additional staff and jobs for retired police officers etc.
9. Each of the points raised has been addressed by officer comments and none are considered sufficient to warrant changes to the draft guidance, for the reasons given in Appendix 1B.
10. A few comments were also made by key consultees, which are addressed in Appendix 1C.
11. The Department remains of the view that:
- crime and the fear of crime are legitimate concerns for many Islanders;
- 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; and
- the advice note on ‘Crime impact statements’ should be adopted and released at the earliest opportunity to provide clear guidance to developers and planners. This will ensure that relevant development proposals incorporate the principles of designing out crime and demonstrate this through a properly and competently produced ‘Crime impact statement’.
12. The content of the draft advice note has been reviewed in the light of the comments received and a suitably modified document has been produced for formal adoption.
13. Once it has been formally adopted by the Minister, the guidance will be treated as a material consideration in the determination of relevant planning applications.
Legal and Resource Implications
14. 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.
15. The development and publication of planning advice notes are in accordance with the above powers.
16. The adoption of the guidance itself should assist the Department of Environment and decision-makers by providing greater certainty for developers about what is required of them.
Consultation
17. The draft Advice Note has been the subject of consultation with the public and key stakeholders and the results of the consultation process are addressed in Appendix 1.
Recommendation
That the Minister for Planning and Environment:
- decides to formally adopt Advice Note – ‘Crime Impact Statements’ (as modified) as supplementary planning guidance.
- agrees with the Department’s response to representations and comments received during the consultation process.
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 comply with commitments in the Island Plan for producing supplementary planning guidance;
Action Required
- Notify the Chairman of the Environment Scrutiny Panel, the States Greffe and key stakeholders of the Minister’s decision, and provide them with a copy of the adopted Advice Note.
- Publish on the States’ website the Minister’s response to the representations and comments received during the public consultation process.
- Publish the adopted Advice Note on the States’ website.
- Prepare and issue a media release.
- Arrange for ‘applications list’ to be forwarded to the Crime Reduction Officer
Written by: | Roger Corfield, Principal Planner – 2nd March 2012 |
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Approved by: | Kevin Pilley, Assistant Director – Policy and Projects |
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Endorsed by: | |
Attachments:
- Appendix 1: Consultation Response
- Advice Note – ‘Crime Impact Statements’.
File ref: 8/39/10
Appendix 1: CONSULTATION FINDINGS AND RESPONSE
A) Numerical response to questionnaire
Questions | Strongly agree | Agree | Don’t know | Disagree | Strongly disagree | No answer |
1. Designing out crime and designing in community safety should be central to the planning of new development. | 4 | | | 1 | 2 | |
2. Crime impact statements have an important role to play in helping to ensure that relevant crime prevention measures are addressed in the design of development proposals. | 3 | 2 | | 1 | 1 | |
3. There is a need for planning guidance on crime impact statements. | 2 | 2 | | 2 | 1 | |
4. The form of the planning guidance is clear and easy to understand and use. | 2 | | 2 | 2 | 1 | |
5. The proposed indicative categories of development, which are likely to require a crime impact assessment, are appropriate. | 1 | 4 | | 1 | 1 | |
6. The proposed indicative thresholds of development, which are likely to require a crime impact assessment, are appropriate. | 2 | 2 | 1 | 1 | 1 | |
7. The suggested content for crime impact statements is appropriate. | 3 | 1 | 1 | 1 | 1 | |
8. Applicants must take responsibility for providing crime impact statements where required. | 1 | 2 | | | 3 | 1 |
9. The crime impact statement should be produced by a competent individual or organisation. | 2 | 3 | 1 | | 1 | |
10. The Crime Reduction Officer (States of Jersey Police) should be consulted for crime prevention advice at an early stage in the design process. | 2 | 2 | 1 | 1 | 1 | |