Revised planning appeals system (FOI)

​Request  

Please advise me of the following information concerning planning appeals under the revised appeals system provided by amendment No 6 (L342014) to the Planning and Building (Jersey) Law:

1. The number of appeals submitted under the revised system.

2. The number of these appeals registered by the Judicial Greffe as being valid appeal applications.
a. The breakdown of this number into:
i. those appeals made by the planning applicant against refusal to grant planning permission
ii. those appeals against condition(s) attached to a planning permission
iii. those appeals made by a third party

3. The numbers of such appeals which have been heard by an appointed Inspector, for each of the classes above in 2ai, 2aii and 2aiii.

4. The numbers of such appeals for which an appointed Inspector has made a recommendation, for each of the classes above in 2ai, 2aii and 2aiii.
a. The breakdown of each of the numbers in 4 above into:
i. those where the Inspector’s report recommends that the appeal be dismissed.
ii. those where the Inspector’s report recommends that the appeal be upheld.
iii. those where the Inspector’s report recommends that the appeal be upheld with change(s) to be made to any planning approval, such as attached conditions, already granted.

5. The number of appeals determined by the Minister for which the Minister has given full effect to the Inspector’s recommendation(s).

6. The number of appeals determined by the Minister for which the Minister has not given full effect to the Inspector’s recommendation(s).

I am aware of a published FoI response, issued on 5 October 2015 also concerning planning appeals. The response does not provide me with the above information as it is not now up-to-date and it does not contain the analysis of the numbers now requested.

Response

For completeness, statistics relating to appeals against Historic Environment decisions or Compliance Notices have been included in an additional category (see [iv.]). This ensures the totals match correctly between response 2 and subsequent responses.

1. The number of appeals submitted under the revised system: 56

2. The number of these appeals registered by the Judicial Greffe as being valid appeal applications:​​ 52

a. The breakdown of this number into:

i. those appeals made by the planning applicant against refusal to grant planning permission: 20

​​ii. those appeals against condition(s) attached to a planning permission: 0

iii. those appeals made by a third party: 23

​iv. [iv. Note appeals against Historic Environment decisions or Compliance Notices: 9]

3. The numbers of such appeals which have been heard by an appointed Inspector, for each of the classes above in 2ai, 2aii and 2aiii

​i. 6

ii. 0

iii. 7

iv. [iv. Note appeals against Historic Environment decisions or Compliance Notices heard: 5]

4. The numbers of such appeals for which an appointed Inspector has made a recommendation, for each of the classes above in 2ai, 2aii and 2aiii

i. 6

ii. 0

iii. 3

iv. [iv. Note appeals against Historic Environment decisions or Compliance Notices which have had a report from the appointed inspector: 4]

4a. The breakdown of each of the numbers in 4 above into:

i. those where the Inspector’s report recommends that the appeal be dismissed

i. 6, ii. 0, iii. 1 (Dismissed but vary decision), [iv. 4 (1 with variation of Compliance Notice)]

​ii. those where the Inspector’s report recommends that the appeal be upheld

​i. 0, ii. 0, iii. 2, [iv. 0]

iii. those where the Inspector’s report recommends that the appeal be upheld with change(s) to be made to any planning approval, such as attached conditions, already granted

​​i. 0, ii. 0, iii. 0, [iv. 0]

5. The number of appeals determined by the Minister for which the Minister has given full effect to the Inspector’s recommendation(s): 13 (ie all of them)

6. The number of appeals determined by the Minister for which the Minister has not given full effect to the Inspector’s recommendation(s): 0