Supplementary Planning Guidance: Time-Limited Planning Permissions

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A decision made 11 July 2016:

Decision Summary

Planning and Environment

Ministerial Decision

Decision ref:

MD–PE–2016-0094

Subject:

Proposed policy on time-limited planning permissions

DS title:

MD- Supplementary Planning Guidance: Time-limited planning permissions

DS author:

Principal Planner (Policy)

DS date:

13/07/2016

DS Status:

Public

WR title:

R – Proposed policy on time-limited planning permissions

WR author:

Principal Planner (Policy)

WR date

06/07/2016

WR Status:

Public

Oral rapporteur:

Director Policy, Projects and the Historic Environment and Principal Planner (Policy)

Decision:

The Minister for Planning and Environment resolved to:

1 endorse the draft supplementary planning guidance for the purposes of consultation subject to:

a) amendment to reduce the period of commencement on outline permissions from the proposed four years to three years, with reserved matters being required to be submitted within one year of the date of the original permission; and

b) further amendment to include a definition of ‘the commencement of development’.

2 release the draft SPG for a four-week consultation period to the ministers and bodies specified in the Written Report, with the addition of the Jersey Farmers Union and the Jersey Hospitality Association as additional consultees;

3 consider all representations received upon close of the consultation period.

Reasons for decision:

Article 23(3)(b) of the Planning and Building (Jersey) Law 2002 states that a condition may relate to the period in which an approved development shall be begun. The Law does not stipulate any specific period of commencement and the Minister considers that a policy should be adopted to make clear the limited period of commencement.
The Minister considers that the introduction of a three-year period of commencement for new approved developments will encourage a higher take-up rate of developments undertaken and, in doing so, will stimulate investment into St. Helier and will promote a more dynamic economy. Maintaining a consistency of time-limit for both outline and full permission will promote clarity.
The provision of a definition of the commencement of development will provide helpful interpretation and promote clarity about when development is considered to have begun and when planning permission has been implemented;
The development, issuing and subsequent adoption of the guidance provides a clear basis for the duration of planning permission of assistance to proper government and the development industry.

Legal and resource implications:

The development and publication of planning policy notes is in accordance with the above powers. It is not envisaged, therefore, that there will be any legal or significant resource implications associated with the recommended decision.

Action required:

Initiate consultation exercise.
Collate and consider all representations received.

Signature:

Name and position:

Deputy SG Luce
Minister for Environment

Date signed:

Date of decision (If different to date signed)

11 July 2016