Draft Planning and Building (General Development) Order 2011

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 21 February 2011:

Decision Reference: MD-PE-201107-0009
Decision Summary Title:	Draft Planning and Building (General Development) Order 2011 Law Drafting Instructions ~~Request for reconsideration of refusal of Planning Permission~~		Date of Decision Summary:	16 February 2011 ~~21/02/08~~
Decision Summary Author:	Director of Planning ~~Jonathan Gladwin~~		Decision Summary: Public or Exempt?	Public~~Public~~
Type of Report: Oral or Written?	~~Written and Oral~~ Written		Person Giving Oral Report:	~~Jonathan Gladwin~~
Written Report Title:	Draft Planning and Building (General Development) Order 2011 Law Drafting Instructions ~~Request for reconsideration of refusal of Planning Permission~~		Date of Written Report:	16 February 2011 ~~20/12/07~~
Written Report Author:	Director of Planning ~~Jonathan Gladwin~~		Written Report : Public or Exempt?	Public ~~Public~~
Subject: Draft Planning and Building (General Development) Order 2011- Law Drafting Instructions ~~3 Ventnor Villas, La Route de St Aubin, St Helier, JE2 3SD~~ ~~Replace dormer window with door, create balcony. REQUEST FOR RECONSIDERATION of refusal of planning permission~~
Decision(s): The Minister approved the proposed changes to the 2008 Order, the purpose of which is to significantly increase the thresholds for permitted development, and instructed the Law Draftsman to prepare the new Planning and Building (General Development) Order 2011.~~The Minister decided to Approve the planning application~~
Reason(s) for Decision: The proposed changes will significantly increase the thresholds for permitted development, reducing the burden of legislation on the public and reducing the Department’s workload. ~~The decision to approve was given for the following reason:~~ Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received.
Resource Implications: Reduction in the Department’s workload, thus freeing officer time for more important application work~~None~~
Action required: Instruct the Law Draftsman to prepare the new Order ~~Notify Agent, Applicant and all other interested parties and issue Planning Permit.~~
Signature: Senator F E Cohen		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Draft Planning and Building (General Development) Order 2011 - Law Drafting Instructions

Jersey Crest

Planning and Building (General Development) (Jersey) Order 2011

DRAFT

Arrangement

Article

1 Interpretation

2 Permitted development

3 Use classes

4 Directions restricting permitted development

5 Savings

6 Revocation

7 Citation and commencement

SCHEDULE 1

Permitted DEVELOPMENT

PART 1

WORK CARRIED OUT WITHIN THE CURTILAGE OF A DWELLING-HOUSE

PART 2

WORK CARRIED OUT IN Flats and other Residential properties in Common or multi-ownership

PART 3

REPAIRS, MAINTENANCE AND TEMPORARY OR MINOR WORKS

PART 4

THE INSTALLATION OF RENEWABLE SOURCES OF ENERGY

PART 5

DEVELOPMENT BY PROVIDERS OF PUBLIC SERVICES AND UTILITIES

Class B – Food and drink

Class C – Office

Class D – Agriculture

Class E – Warehouse

Class F – Accommodation

Class G – Social

Class H – Leisure

Class I – Entertainment

Class J – Residential institutions

Class K – Medical and welfare

Class L – Special institutions

Error! Unknown document property name. 5

Jersey Crest

Planning and Building (General Development) (Jersey) Order 2011

Made

Coming into force

THE MINISTER FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 8(3)(a) and 124 of the Planning and Building (Jersey) Law 2002, orders as follows –

1 Interpretation

In this Order, unless the context otherwise requires –

“AAP” means an area designated as an area of archaeological potential in guidelines published by the Minister under Article 6 of the Law;

“agricultural land” means land to which the Protection of Agricultural Land (Jersey) Law 1964 applies;

“betting office” means a building in respect of which there is in force a betting office licence granted pursuant to Regulations made under the Gambling (Jersey) Law 1964;

“building” does not include plant or machinery or a structure or erection in the nature of plant or machinery but does include any other structure or erection and a part of a building as so defined;

“CA” means an area designated as a conservation area in guidelines published by the Minister under Article 6 of the Law;

"dormer window" means a projecting upright window in a sloping roof, the height of which is lower than the apex of the roof from which it projects;

“dwelling-house” does not include a building containing one or more flats, or a flat contained within such a building;

“flat” means a separate and self-contained set of premises –

(a) constructed for use for the purposes of a dwelling; and

(b) forming part of a building from some other part of which it is divided horizontally;

“ground level”, in respect of a building –

(a) means the level of the surface of the ground immediately adjacent to it; but

(b) if the level of the surface of the ground on which it is situated or is to be situated is not uniform, means the level of the lowest part of the surface of the ground adjacent to the building;

“guest house” means premises registered in the Guest House Register under the Tourism (Jersey) Law 1948;

“height”, in respect of a building, means the height of the building above ground-level;

“highway authority”, in the case of a road repairable at the expense of the States or a parish, means, in relation to –

(a) a main road, the Minister for Transport and Technical Services; or

(b) a by-road, the Roads Committee of the parish in which the road is situated;

“industrial land” means land used to carry out an industrial process;

“industrial process” means any process that is necessary or incidental –

(a) to make an article or part of an article;

(b) to alter, repair, ornament, finish, clean, wash, pack or can, or to adapt for sale or to demolish an article.

“Law” means the Planning and Building (Jersey) Law 2002;

“motor vehicle” has the same meaning as in the Road Traffic (Jersey) Law 1956;

“potential Listed Building or Place” means a building or place designated as a potential listed building in guidelines published by the Minister under Article 6 of the Law;

“principal elevation”, in respect of a building, means any elevation of the building that faces, and is within 20 metres, of a road;

“road” has the same meaning as in the Roads Administration (Jersey) Law 1960;

“Listed Building or Place” means a Site of Special Interest as defined by Article 50 of the Law.

2 Permitted development

(1) Planning permission is hereby granted by the Minister for the classes of development described as permitted development in Schedule 1.

(2) The permission granted by paragraph (1) is subject to any relevant exceptions, limitations or condition specified in Schedule 1.

(3) Any permission granted by paragraph (1) does not remove the need to obtain any building permission required under the Building Byelaws

3 Use classes

(1) Planning permission is hereby granted by the Minister where a building or other land is used for a purpose specified in a use Class set out in Schedule 2 to use the building or land for another purpose specified in that use Class.

(2) A use that is ordinarily incidental to and included in a use set out in Schedule 2 is not excluded from that use as an incident of that use merely by reason of its specification in that Schedule as a separate use.

(3) No use Class set out in Schedule 2 includes use –

(a) as an amusement arcade or centre, or funfair;

(b) for the washing of clothes or fabrics in coin-operated machines or on premises at which the goods to be cleaned are received direct from the visiting public;

(d) for the sale or display of motor vehicles;

(e) for a taxi business or business for the hire of motor vehicles;

(f) as a scrap yard, or a yard for the storage or distribution of minerals or the breaking of motor vehicles.

4 Directions restricting permitted development

(1) This Article applies where the Minister is satisfied that in respect of a particular building or land it is expedient that –

(a) permitted development described in any Part, Class or paragraph set out in Schedule 1; or

(b) a change of use within a use Class set out in Schedule 2,

should not be carried out unless permission is granted by the Minister on application made to the Minister.

(2) The Minister may give a direction that the permission granted by Article 2 or 3, as the case may be, shall not apply in respect of the building or land to –

(a) all or any development of the Part, Class or paragraph; or

(b) the change of use within the use Class,

specified in the direction.

(3) The Minister must serve notice of a direction given under paragraph (2) on the owner and (if different) the occupier of the building or the land to which it applies.

(4) A direction under paragraph (2) has effect from the service of the notice on the owner of the building or land in accordance with paragraph (3).

(5) In exceptional circumstances, a direction may be given as a condition of any planning permission in respect of the building or land to which the direction applies.

(6) Where a direction is so given the planning permission shall have effect as if it were notice served in accordance with paragraph (3).

5 Savings

(1) Nothing in this Order permits development contrary to any conditions imposed by the Minister on the previous grant of any planning permission.

(2) Nothing in the Order exempts a person carrying out development for which permission is granted by this Order from compliance with any other enactment.

(3) The permission granted by this Order shall not apply if –

(a) in the case of permission granted in connection with an existing building, the building operations involved in the construction of that building are unlawful;

(b) in the case of permission granted in connection with an existing use, that use is unlawful.

6 Revocation

The following Orders are revoked –

(a) Planning and Building (General Development) (Jersey) Order 2008; and

(b) Planning and Building (General Development) (Amendment) (Jersey) Order 2008.

7 Citation and commencement

(1) This Order may be cited as the Planning and Building (General Development) (Jersey) Order 2011.

(2) It shall come into force 7 days after it is made.

Signed....................................................................

Date........................................................................

Minister for Planning and Environment

SCHEDULE 1

(Article 2)

Permitted DEVELOPMENT

PART 1

WORK CARRIED OUT WITHIN THE CURTILAGE OF A
DWELLING-HOUSE

CLASS A
Permitted development		A.1	The erection, construction or placing and the maintenance, improvement or other alteration within the curtilage of a dwelling-house of –
			(a)		a structure required for a purpose (other than habitation) incidental to the enjoyment of the dwelling-house as such; or
			(b)		a conservatory, extension or conversion of an attached garage for human habitation
Work not permitted		A.2	Work is not permitted by Class A if –
			(a)		with the exception of flagpoles, any part of the structure, building or enclosure is in front of the building line of a principal elevation of the dwelling-house;
			(b)		with the exception of freestanding flagpoles, the dwelling house and its curtilage is or forms part of a Listed Building or Place, or potential Listed Building or Place or an AAP;
			(c)		the conservatory, extension or garage conversion is not directly accessible from within the existing dwelling-house.
			(d)		the conservatory, extension or garage conversion shall not be used for a commercial purpose or as a separate dwelling unit
			(e)		freestanding flagpoles are not permitted if excavation is involved at a Listed Building or Place, or potential Listed Building or Place,, or an AAP
			(f)		with the exception of flagpoles, the structure, building or enclosure exceeds the maximum height of –
					(i)		3.75 metres if the roof is pitched,
					(ii)		2.75 metres if the roof is flat, or
					(iii)		2 metres if the roof is within 60 centimetres of an adjoining property;
			(d)		with the exception of a swimming pool, the total aggregated external area of any structures or buildings erected under Class A of this Schedule since 1st June 2007 exceeds 30 square metres;
			(e)		the work involves the formation, laying out or material widening of a means of access to a road;
			(f)		the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person.
Condition		A.3	Any structure, building or enclosure permitted under Class A.1(a) must not be used for a commercial purpose or for human habitation.
		A.4	Any conservatory or extension to a dwelling, used as habitable accommodation, and over 20 square metres in area must have been granted permission under the building byelaws prior to the work commencing.
		A.5	On sloping ground, no retention structure for a swimming pool shall exceed 1 metre in height.
		A.6	In the case of a flagpole, it must not be used to display an advertisement for which permission is required under the Planning and Building (Display of Advertisements) (Jersey) Order 2006.
CLASS B
Permitted development		B.1	The erection, construction, maintenance, improvement or other alteration within the curtilage of a dwelling-house of a gate, fence, wall or other means of enclosure.
Work not permitted		B.2	Work is not permitted by Class B if –
			(a)		the dwelling house is or forms part of Listed Building or Place, or potential Listed Building or Place, an AAP or in a CA if the works are in front of the building line of a principal elevation of the dwelling-house;
			(b)		in the case of the erection, construction or alteration of a gate, fence, wall or other means of enclosure –
					(i)		abutting on, and within 2 metres of a road – its highest point will be more than 90 centimetres above the level of the road, or
					(ii)		in any other case – its highest point will be more than 2 metres above ground level on either side;
			(c)		the work involves the formation, laying out or widening of a means of access to a road where the access will be more than 1 metre wide;
			(d)		the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person.
CLASS C
Permitted development		C.1	The levelling or metalling within the curtilage of a dwelling-house of a driveway, turning area or car park, or the creation of a patio, pathway, decked area or other hardstanding.
Work not permitted		C.2	Work is not permitted by Class C if –
			(a)		in the case of a driveway, turning area or car park, the dwelling-house is or forms part of a Listed Building or Place, or potential Listed Building or Place, in a CA the works are in front of the building line of a principal elevation of the dwelling-house, or if excavation is involved, an AAP;
			(b)		the work exceeds 40 centimetres in height above existing ground level;
			(d)		the work involves the formation, laying out or material widening of a means of access to a road;
			(e)		the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person;
			(f)		the work would discharge surface water onto a road adjoining the property and the approval of any highway authority to the discharge has not been obtained.
CLASS D
Permitted development		D.1	The erection, construction or placing, maintenance, improvement or other alteration within the curtilage of a dwelling-house of a tank for the storage of liquid or gaseous fuel for use for the domestic purposes of the dwelling-house.
Work not permitted		D.2	Work is not permitted by Class D if –
			(a)		the dwelling-house is or forms part of a SSI, a pSSI, a BLI, a CA, or, if excavation is involved, an AS or an AAP;
			(b)		any part of the work is in front of the building line of the principal elevation of the dwelling-house;
			(c)		the capacity of the tank exceeds 3,500 litres;
			(d)		the height of the tank exceeds 2.5 metres above ground level;
			(e)		the work involves the formation, laying out or material widening of a means of access to a road;
			(f)		the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person.
CLASS E
Permitted development		E.1	The conversion within a dwelling-house of the roofspace for use as habitable accommodation or other purposes ancillary to its use as a dwelling, including the provision of rooflights and dormer windows.
Work not permitted		E.2	Work is not permitted by Class E if –
			(a)		the dwelling-house is or forms part of a Listed Building or Place, or potential Listed Building or Place or where the property is in a CA any roof-light or dormer window associated with the conversion is in a principal elevation of the building;
			(b)		it includes the insertion of a gable window
Condition		E.3			Any roof-lights provided should be parallel to, and no more than 10 centimetres higher than, the plane of the roof in which they are situated
		E.4			The lower cill of any roof-light should exceed 1.5 metres above the finished floor-level of the converted roofspace
		E.5			The maximum width of any dormer window shall not exceed 1.2 metres
		E.6			Any glazing on a dormer window is not within 10 metres, measured horizontally, from the boundary of a neighbouring residential property.
		E.7			There are no more than two dormer windows, including those to be installed, on any roof plane.
		E.8			No dormer window should be installed on a roof that forms part of a principal elevation of the dwelling
		E.9			The roofspace must not be used for a commercial purpose or as a separate unit of accommodation
		E.10			Permission must have been obtained under the Building Byelaws before construction commences
	CLASS F
	Permitted Development	F.1		The placing of vents, flues and similar items, and minor alterations to any dwelling
	Work not permitted	F.2		Work is not permitted by Class F if:
				(a)		the building is or forms part of a Listed Building or Place, a potential Listed Building or Place, and a CA or the works are to a principal elevation;
				(b)		Any flue shall not exceed 1 metre above the highest point of the roof

PART 2

Flats and other Residential properties in Common or multi-ownership

CLASS A

Permitted development

A.1

The placing of a building or other structure for the purpose of storing of household goods.

Work not permitted

A.2

Work is not permitted by Class A if the building is a Listed Building or Place, or potential Listed Building or Place, or when situated in a CA the building is front of a principal elevation;

Condition

A.3

The size of the storage building shall not exceed 3m² in area for any individual residential unit in the property

A.4

Any part of the structure, building or enclosure exceeds the maximum height of –

2.75 metres, or

2 metres if the roof is within 60 centimetres of an adjoining property.

A.5

The structure shall not be sited in such a manner that it diminishes the number of car-parking spaces on the property

CLASS B

Permitted development

B.1

The conversion of the roofspace for use for habitable accommodation or other purposes ancillary to a dwelling.

Work not permitted

B.2

Work is not permitted by Class B if –

(a)

the dwelling-house is or forms part of a Listed Building or Place, or potential Listed Building or Place, or where the property is in a CA any roof-light associated with the conversion is in a principal elevation of the building;

(b)

it includes the insertion of a gable window

Condition

B.3

Any roof-lights provided should be parallel to, and no more than 10 centimetres higher than, the plane of the roof in which they are situated

B.4

The lower cill of any roof-light should exceed 1.5 metres above the finished floor-level of the converted roofspace

B.5

The maximum width of any dormer window shall not exceed 1.2 metres

B.6

Any glazing on a dormer window is not within 10 metres, measured horizontally, from the boundary of a neighbouring residential property.

B.7

There are no more than two dormer windows, including those to be installed, on any roof plane.

B.8

Permission must have been obtained under the Building Byelaws before construction commences

CLASS C

Permitted development

C.1

The erection, construction, maintenance, improvement or other alteration of a gate, fence, wall or other means of enclosure.

Work not permitted

C.2

Work is not permitted by Class C if –

(a)

the property, is or forms part of, a Listed Building or Place, or potential Listed Building or Place, an AAP or a CA;

(b)

in the case of the erection, construction or alteration of a gate, fence, wall or other means of enclosure –

(i)

abutting on, and within 2 metres of a road – its highest point will be more than 90 centimetres above the level of the road, or

(ii)

in any other case – its highest point will be more than 2 metres above ground level on either side;

(c)

the work involves the formation, laying out or widening of a means of access to a road where the access will be more than 1 metre wide;

(d)

the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person.

CLASS E

Permitted development

D.1

The excavation, levelling or metalling of a driveway, turning area or car park, or the creation of a patio, pathway, decked area or other hardstanding.

Work not permitted

D.2

Work is not permitted by Class D if –

(a)

in the case of a driveway, turning area or car park, the property is or forms part of a Listed Building or Place, or potential Listed Building or Place, a CA, or if excavation is involved, an AAP;

(b)

the work exceeds 40 centimetres in height above existing ground level;

(d)

the work involves the formation, laying out or material widening of a means of access to a road;

(e)

the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person;

(f)

the work would discharge surface water onto a road adjoining the property and the approval of any highway authority to the discharge has not been obtained.

CLASS F

Permitted development

F.1

The erection, construction or placing, maintenance, improvement or other alteration of a tank for the storage of liquid or gaseous fuel for use for the domestic purposes of the dwellings.

Work not permitted

F.2

Work is not permitted by Class F if –

(a)

the property is or forms part of a Listed Building or Place, or potential Listed Building or Place, a CA, or, if excavation is involved, an AAP;

(b)

any part of the work is in front of the building line of the principal elevation of the property;

(c)

the capacity of the tank exceeds 7000 litres;

(d)

the height of the tank exceeds 2.5 metres above ground level;

(e)

the work involves the formation, laying out or material widening of a means of access to a road;

(f)

the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person.

CLASS G

Permitted Development

G.1

The placing of vents, flues and similar items, and minor alterations to any dwelling

Work not permitted

G.2

Work is not permitted by Class G if:

(a)

the building is or forms part of a Listed Building or Place, a potential Listed Building or Place, and a CA or the works are to a principal elevation;

(b)

Any flue shall not exceed 1 metre above the highest point of the roof

PART 3

REPAIRS, MAINTeNANCE , TEMPORARY and MINOR WORKS TO LAND AND BUILDINGS

CLASS A
Permitted development	A.1			The painting of the exterior, or any part of the exterior of a building or other structure.
Interpretation of Class A	A.2			For the purpose of Class A “painting” includes any application of, or material change of, colour.
Work not permitted	A.3			Work is not permitted by Class A if the building is a Listed Building or Place, or potential Listed Building or Place, or situated in a CA and the part of the building to be painted has never been painted.
	A.4			Work is not permitted by Class A where the painting is for the purpose of advertisement, announcement or direction.
CLASS B
Permitted development	B.1			The erection, construction or placing and the maintenance, improvement or other alteration of television, radio or other antennae.
Work not permitted	B.2			Work is not permitted by Class B if –
				(a)			in the case of a satellite dish, its diameter exceeds 60 centimetres;
				(b)			the work is the erection, construction or placing of mobile telephone network equipment; or
				(c)			The building on which the installation is to be placed is a Listed Building or Place, or potential Listed Building or Place,, or, where the installation would face a road, a CA.
CLASS C
Permitted development	C.1			The provision on land of a building, movable structure, work, vehicular access, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or adjoining land.
Work not permitted	C.2			Work is not permitted by Class C if –
				(a)			permission is required for the operations that are to be carried out but has not been granted by the Minister;
				(b)			the work involves the formation, laying out or material widening of a means of access to a road;
Conditions	C.3			If the building or movable structure is to be used for habitation or is to contain sanitation facilities any necessary permission under the Building Bye-laws must have been obtained before works commence.
	C.4			When the operations have been carried out –
				(a)		any building, movable structure, work, plant or machinery permitted by Class C is removed;
				(b)		any land on which work permitted by Class C has been carried out must, as soon as reasonably practicable, be reinstated to its condition before that work was carried out.
CLASS D
Permitted development	D.1		The carrying out of work required for the maintenance of a private way including the placing of lamp standards, seats, fire alarms, cycle racks, closed circuit television cameras, drinking fountains, refuse bins or baskets, bollards, barriers for the control of people and vehicles, and similar structures or works required in connection with the private way.
Work not permitted	D.2		Work is not permitted by Class D if the work or any part of the work is outside the boundaries of the private way.
Interpretation of Class E	D.3		For the purposes of Class D “private way” means a road or footpath that is not repairable at the expense of the States or any parish.
CLASS E
Permitted development	E.1		The creation of a new means of access or the widening of an existing means of access to a road from agricultural land.
Work not permitted	E.2		Work is not permitted by Class E if –
			(a)		the land is or is within a Listed Building or Place, or potential Listed Building or Place,, an AAP or a CA;
			(b)		the work would create an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause danger to such a person;
			(c)		the access is not to be used solely or mainly for agricultural purposes.
Condition	E.3		The approval of the relevant highway authority must have been obtained before the means of access is made or widened.
	E.4		Where an existing access is widened, any existing gateposts shall be relocated either side of the widened access, and any adjoining roadside wall or banque shall be reinstated
	E.5		Any new access created shall have a suitable gate, and gateposts either side of the access, and any adjoining roadside wall or banque shall be reinstated
CLASS F
Permitted development	F.1		The carrying out of work for the maintenance or repair of a building, including a) the replacement of a window or door; b) the replacement of a ground floor window with a door or a ground floor door with a window; c) the creation of new window and door openings on the ground floor; d) the insertion of a sun-pipe in a roof to provide natural lighting to the interior; e) re-cladding of a roof , and f) the installation of a dormer window or a roof-light.
Work not permitted	F.2		Work is not permitted if;
		a)	the building is or forms part of a Listed Building or Place, or potential Listed Building or Place, or for a property in a CA, the works are to a principal elevation, including a shopfront;
Condition	F.3		Re-cladding of an existing roof shall be in natural slate or clay tiles, or in the existing material.
	F.4		Any roof-lights provided should be parallel to, and no more than 10cm higher than, the plane of the roof in which they are situated
	F.5		The lower cill of any roof-light should not be lower than 1.5 metres above the finished floor-level of a converted roofspace
	F.6		The maximum width of any dormer window shall not exceed 1.2 metres
	F.7		Any glazing on a dormer window is not within 10 metres, measured horizontally, from the boundary of a neighbouring residential property.
	F.8		There are no more than two dormer windows, including those to be installed, on any roof plane.
	F.9		Permission must have been obtained under the Building Byelaws before construction commences
CLASS G
Permitted development			Minor repairs to a Listed Building or Place, or potential Listed Building or Place
Interpretation of Class F			For the purposes of Class G, development is a “minor repair” if the work –
			(a)		does not adversely affect the special interest for which the building has that status;
			(b)		uses exactly the same materials as the existing materials;
			(c)		does not introduce any different materials;
			(d)		does not remove any element and replace it.

CLASS H
Permitted development	H.1		The erection of a structure on agricultural land to shelter livestock.
Work not permitted	H.2		Work is not permitted by Class H if –
			(a)		the total aggregated external area of any structures or buildings erected under this Class since 1st June 2007 exceeds 50 square metres; or
			(b)		the works involve excavation of ground and the property is a Listed Building or Place, or potential Listed Building or Place, or AAP.
Condition	H.3		The maximum area of any structure shall not exceed 25 square metres or, where there are more than one, the aggregate area must not exceed 50 square metres.
	H.4		The structure shall not be more than 3.5 metres in height above ground level.
	H.5		The structure shall not be erected within 15 metres of a road or within 30 metres of habitable accommodation
	H.6		The structure must be clad in natural-coloured timber.
	H.7		If removed, any hardstanding forming the base of the structure is removed and the land restored to its former condition.
CLASS I
Permitted Development	I.1		The creation of an equestrian sand school for private use on agricultural land.
Work not permitted	I.2		Work is not permitted by Class I if the works involve excavation of ground and the property is an a Listed Building or Place, or potential Listed Building or Place, or an AAP.
Condition	I.3		The sanded area must not be used for commercial purposes.
	I.4		On sloping ground, no retention structure shall exceed 1 metre in height above ground level.
	I.5		The sand school shall not exceed 800 square metres in area.
	I.6		Permission must have been obtained under the Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974.
CLASS J
Permitted development	J.1		The erection of a fence on agricultural land.
Condition	J.2		The fence (which includes any gate within it) must be of timber post and rail, with or without netting.
Work not permitted	J.3		Work is not permitted by Class J if –
			(a)		the fence exceeds 1.2 metres in height; or
			(b)		the works involve excavation of ground and the property is a Listed Building or Place, or potential Listed Building or Place, or AAP.
CLASS K
Permitted development	K.1		The use of land forming part of a public highway for al fresco eating and drinking.
Work not permitted	K.2		Work is not permitted by Class K if the work consists of the erection of any structures associated with the proposed use that would otherwise require planning permission.
Condition	K.3		The use must be in accordance with the written approval of the highway and licensing authorities.

PART 4

THE INSTALLATION OF EQUIPMENT FOR THE GENERATION OF ELECTRICITY FROM RENEWABLE SOURCES OR FOR THE EFFICIENT USE OF ENERGY

CLASS A
Permitted development		A.1			The installation of photovoltaic or water-heating solar panels or a similar device at ground level or flush with and on a sloping roof plane.
Conditions		A.2			Solar panels attached to a sloping roof plane must project no more than 10 cm above the roof plane.
		A.3			Ground mounted panels must not exceed 2.5 metres in height or 2 metres in height if they are within 60 centimetres of the property boundary.
Work not permitted		A.4			Work is not permitted by Class A if –
					(a)	the property where the installation is to take place is or forms part of a Listed Building or Place, or potential Listed Building or Place, if excavation is involved, an AAP, or for a property in a CA, the works are located on a principal elevation;
					(b)	in the case of a photovoltaic panel, the property on which it is to be installed is located within an area shown hatched red on the map set out in the annexure to this Schedule.
CLASS B
Permitted development	B.1		The installation of a ground or air-source heating system.
Work not permitted	B.2			Work is not permitted by Class B if the installation of the system is on property that is a Listed Building or Place, or potential Listed Building or Place, or if the property is in a CA, an air-pump is situated on a principal elevation of the building.
Condition	B.3			Noise emanating from an air pump unit shall comply with the noise rating (NR) curve equivalent to the background level measured 1 metre from the boundary of the nearest residential premises. The background level is the A-weighted sound pressure level of the residual noise in decibels exceeded for 90 % of the time, (LA90)
CLASS C
Permitted development	C.1			The erection of a wind-turbine for the generation of electricity on or within the curtilage of any building.
Work not permitted	C.2			Work is not permitted by Class C if –
					(a)	the height of the top of the turbine, including the arc of the blades, erected under this Class exceeds the height of the tallest building, on the site by 3 metres;
					(b)	the maximum diameter of the sweep of the turbine’s blades exceeds 2.5 metres;
					(c)	in the case of wind-turbine not attached to a building, the structure supporting the wind-turbine is less than 5 metres from the property boundary;
					(d)	a written statement has not been obtained from Jersey Airport Administration stating that it has no objection to the proposed wind turbine on the grounds of hazard to aircraft or airport operations; or
					(e)	the building to which the turbine is to be attached is a Listed Building or Place, or potential Listed Building or Place, is within an CA or, for a wind-turbine not attached to the building, is located in an AAP.

PART 5

DEVELOPMENT AT INDUSTRIAL OR SIMILAR PREMISES

CLASS A
Permitted development	A.1	Work carried out on industrial land for the purpose of an industrial process consisting of –
		(a)	the installation of additional or replacement plant or machinery; or
		(b)	the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus.
Work not permitted	A.2	Work is not permitted by Class A if –
		(a)	the land is or forms part of property that is a Listed Building or Place, or potential Listed Building or Place,, or an AAP;
		(b)	the work would result in an increase of noise, smells, dust or other pollution;
		(c)	any additional or replacement plant or machinery would exceed the height of existing plant or machinery or anything it replaced;
		(d)	the work involves the formation, laying out or material widening of a means of access to a road;
		(e)	the work creates an obstruction to the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause a danger to such a person.
CLASS B
Permitted development	B.1	Extensions to industrial and warehouse buildings.
Conditions	B.2	The extension must not exceed 5% of the area of the existing building.
	B.3	The extension must not exceed 4 metres in height nor be closer than 4 metres from any boundary of the property.

	B.5	The extension must not lead to a reduction in the amount of vehicle parking spaces available, nor restrict the access and manoeuvring of service vehicles
Work not permitted	B.6	Work is not permitted by Class B if –
		(a)	If the property forms part of a Listed Building or Place, or potential Listed Building or Place, a CA or, if excavation is involved, an AAP;
		(B)	The premises are located within the Hazard Safeguard Areas identified on the Island Map at Les Ruettes, St John and La Collette, St Helier
		(C)	the extension is to be occupied by a separate business ;

PART 6

DEVELOPMENT BY PROVIDERS OF PUBLIC SERVICES AND UTILITIES

CLASS A
Permitted development	A.1	The erection or construction, or the maintenance, improvement or other alteration by a public or parochial authority of –
		(a)	works and equipment on land belonging to or maintained by the authority required for the purposes of a function exercised by the authority on that land; or
		(b)	lamp standards, bus shelters, information kiosks, public seats, fire alarms, cycle racks, closed circuit television cameras, public drinking fountains, refuse bins or baskets, bollards, barriers for the control of people and vehicles, and similar structures or works required in connection with the operation of a public service administered by them.
Work not permitted	A.2	Work is not permitted by Class A if –
		(a)	it involves the formation, laying out or material widening of a means of access to a road;
		(b)	the works involve excavation of ground where the property is a Listed Building or Place, or potential Listed Building or Place, or an AAP.
Interpretation of Class A	A.3	For the purposes of Class A “public authority” includes a statutory corporation established for a public purpose, a Parish and any Minister.
CLASS B
Permitted development	B.1	The carrying out by a provider of sewerage, gas, water or electricity to the public of work necessary to lay, place, inspect, repair or renew a sewer, main, pipe, line or cable or other apparatus for the provision of a service to the public or any portion of the public.
Work not permitted	B.2	Work is not permitted by Class B if –
		(a)	the work is to be carried out on property that is or forms part of a Listed Building or Place, or potential Listed Building or Place, or an AAP;
		(b)	in the case of the placing of new work, any of the work would on its completion be above ground level.
Condition	B.3	On completion of any work carried out underground the surface of the site is returned to its former condition.
CLASS C
Permitted development	C.1	Within the area of a harbour administered by the Minister for Economic Development, dredging, the placing of moorings (including pontoons and access ramps) and the installation of technical or security equipment necessary for the operation of the harbour.
Work not permitted	C.2	Work is not permitted by Class C if the area a Listed Building or Place, or potential Listed Building or Place, a CA or an AAP
CLASS D
Permitted development	D.1	The excavation and construction of aprons within the boundaries of the airport and the installation within those boundaries of technical and security equipment necessary for the operation of the airport.
Work not permitted	D.2	Work is not permitted by Class D if excavation is involved and the property is a Listed Building or Place, or potential Listed Building or Place, or an AAP.
Condition	D.3	Sufficient measures should be put in place to ensure there is no run-off of pollutants from any new aprons created.

PART 7

DEMOLITION

CLASS A
Permitted development	A.1	The demolition of –
		(a)	a wall, fence, gate, or boundary enclosure;
		(b)	a building of an impermanent nature (for example, a timber shed);
		(c)	a domestic garage or a similar minor permanent structure;
		(e)	a building used for an agricultural purpose, including the storage of machinery or produce, and the housing of livestock;
		(f)	a domestic or commercial glasshouse;
		(g)	a temporary unit of staff accommodation;
		(h)	a building, the condition of which renders it unsafe to occupy;
		(i)	a structure the construction of which would be Permitted Development by virtue of any part of Schedule 1 of this Order.
Work not permitted	A.2	Work is not permitted by Class A if –
		(a)	if the structure or building to be demolished is or forms part of a Listed Building or Place, or potential Listed Building or Place, and a CA;
		(b)	the work would create a vehicular access to premises;
		(c)	in the case of a wall, fence, gate, or boundary enclosure to be demolished, it is a field boundary or adjoins a road;
		(d)	the building to be demolished is a permanent dwelling.
Conditions	A3	If the work is the partial demolition of a building or structure, that any exposed structures are made good and decorated to match the remains of the building or structure;
	A4	If the work requires the disconnection of a mains service, that the demolition is not started until the Building Control Surveyor of the Department for Planning and Environment has been consulted.

PART 8

CHANGES OF USE

CLASS A
Permitted development	A.1	Development consisting of a change of use of a building from use as –
		(a)	a shop for the sale of hot food for consumption off the premises;
		(b)	a building used for the letting on hire of hire vehicles (other than any external area on which hire vehicles are stored),
		to a use falling within use Class A (shops) of Schedule 2.
Interpretation of Class A	A.2	For the purposes of Class A –
		“hire vehicle” has the same meaning as in the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993.
CLASS B
Permitted development	B.1	Development consisting of a change of use from –
		Class B – food and beverages to Class A – shop
		Class C – office to Class G – social;
		Class C – office to Class K – medical and welfare;
		Class H – leisure to Class G – social;
		Class I – entertainment to Class G – social;
		Class I – entertainment to Class H – leisure;
		Class J – residential institution to Class F – accommodation;
		Class K – medical and welfare to Class C – office;
		Class K – medical and welfare to Class G – social;
		Class L – special institution to Class F – accommodation;
		Class F – accommodation to Class J – residential institution.
Interpretation of Class B	B.2	For the purposes of Class B, a reference to a Class by letter is a reference to the use Class bearing that letter in Schedule 2.

Annexure

(Article 3)

Use for all or any of the following purposes –

a) for the retail sale of any goods;

b) as a post office;

c) for the sale of tickets or as a retail travel agency;

d) for the sale of food for consumption off the premises;

e) as a hair or beauty salon;

f) as a betting office;

g) as an estate agency;

h) as a shop for the sale of financial services or advice;

i) as a retail pharmacy or dispensary;

j) for the display of goods for sale;

k) for the hire of domestic or personal goods or articles; and

l) for the reception of goods to be washed, cleaned or repaired,

m) where the sale, display or service is to visiting members of the public.

Class B.1 – Food and beverages

Use for the sale of food or beverages for consumption on the premises, including use as –

(a) a restaurant; or

(b) a cafeteria;

except that this class does not include use as –

(i) a public house;

(ii) a discotheque; or

(iii) a night-club.

Class B.2 – Food and beverages

Use for the sale of food or beverages for consumption off the premises, including use as –

(i) a hot food take-away

(ii) a home-delivery service;

Class C – Office

Use as an office for any purpose.

Class D – Agriculture

Use as a building for agricultural purposes.

Class E – Warehouse

Use as a wholesale (but not retail) warehouse or repository for any purpose except that this class does not include use as –

(a) a store for motor vehicles in respect of which there is or will be in force a licence under the Hire Cars (Jersey) Law 1964;

(b) a store for agricultural purposes.

Class F – Accommodation

Use as –

(a) a guest house;

(b) a hotel.

Class G – Social

Use of a building for –

(a) public worship and religious instruction;

(b) an art gallery (other than for business purposes);

(d) a public library;

(e) an exhibition hall;

(f) a community centre or social centre;

(g) a non-residential club;

(h) an educational establishment

Class H – Leisure

Use of a building for –

(a) a skating rink;

(b) a swimming bath;

Class I – Entertainment

Use of a building for –

(a) a theatre;

(b) a cinema;

Class J – Residential institutions

Use as –

(a) a home or institution providing for boarding, care and maintenance of children, old persons or persons under disability;

(b) a convalescent home;

Class K – Medical and welfare

Use (other than residentially) as –

(a) a health centre;

(b) a clinic (including a veterinary clinic);

(d) a dispensary; or

(e) a consulting room or surgery.

Class L – Special institutions

Use as a hospital, hostel or institution in which people may be detained by order of a court or may reside under a requirement of a probation or supervision order.