Planning and Building (Jersey) Law 2002: Proposed Amendment

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A decision made on 13 October 2009 to endorse the proposed amendment of the Planning and Building (Jersey) Law 2002.

Decision Ref:	MD–PE–2009-0135
Subject:	Planning and Building (Jersey) Law 2002, as amended: proposed amendment (no.5) - law drafting instructions
Decision Summary Title:	DS - p&b(j)l amend 5 - ld instructions
DS Author:	Assistant Director
DS Date:	24 July 2009	DS Status:	Public
Written Report Title:	WR – p&b(j)l amend 5 - ld instructions
WR Author:	Director and Assistant Director of Planning
WR Date	24 July 2009	WR Status:	Public
Oral Rapporteur:	Chief Executive Officer / Assistant Director of Planning
Decision(s):	The Minister for Planning and Environment: noted and endorsed the proposed amendment of the Planning and Building (Jersey) Law, 2002, and the justifications for so doing; resolved to request the Law Draftsman to prepare an amendment of the Planning and Building (Jersey) Law, 2002 to effect the desired changes.
Reason(s) for Decision:	The proposed amendment seeks to address current deficiencies in the primary Law. In particular, the Minister wishes to ensure that the primary legislation contains provision which enables amendments to the Island Plan or revisions to it, to be lodged by members requesting the Minister consider revision to the Plan after the Minister has lodged his proposition to adopt the Plan. Any such provision, however, should require that any amendments that are new and which have not been consulted upon before, are required to go through a public consultation/independent review process and that the Minister would be required to report to the States the outcome of that process, and of any proposed amendment to his own proposition as a result of his consideration of it, prior to a States debate.
Legal and Resource Implications:	Legal implications relate to an amendment of primary Law. This proposed amendment is not contained within any programme of Law drafting but is driven by circumstances related to the need to amend existing legislation, particularly in relation to those issues related to amendment of Articles 3 and 4 respectively. Amendment of the Law will require Law drafting time.
Action required:	The Director/ Assistant Director of Planning to liaise with the Law Draftsman to secure law drafting time to enable the preparation of an amendment of the Planning and Building (Jersey) Law, 2002.
Signature:		Date of SMT approval:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):