DEPARTMENT OF THE ENVIRONMENT
Law Drafting Request – Amendment to Planning and Building (General Development) (Jersey) Order 2011
(Public) 19 February 2016
Purpose of the Report
The purpose of this report is to outline the inconsistency that has arisen due to the recent amendments to the Planning and Building (General Development) (Amendment No. 2) (Jersey) Order 2015 and to recommend to the Minister to request the Law Draftsman to amend the Order accordingly.
Background
The Minister for the Environment is keen to extend what people can do without planning permission, known as permitted development, to assist small businesses and home owners, to reduce bureaucracy and foster economic growth. In his decision MD-PE-2015-0079 the Minister made an Order to expand permitted development.
Discussion
In the Ministerial Decision MD-PE-2015-0079, the Minister intended to expand permitted development rights for solar panels, to allow up to 90% of the roof plane to be covered with solar panels. This was amended in Part 4, Class A(c) from 50% to 90%. However the limitation did not only cover solar panels, but dormer windows and skylights. In addition, this limitation was also found in the sections covering dormer windows and skylights but these had not been amended (for reference Part 1, Class E, E.9; Part 2, Class A, A.9; and Part 3, Class F, F.9).
As currently drafted, there are different limitations, being 50% or 90% total area, in different sections of the order that condition the same type of development. This is potentially confusing.
The intention is to permit solar panels up to a total area not exceeding 90% of the roof plane, and to permit dormer windows and skylights to a total area not exceeding 50% of the roof plane.
Conclusion
The current amendment results in a confusing situation of different conditions for the same type of development.
Recommendation
The Minister is recommended to request the Law Draftsman to amend the Planning and Building (General Development) (Jersey) Order 2011 to reflect the intention of the original decision.