Planning and Building (Jersey) Law 2002: Time limits for determinations

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A decision made on 21 April 2015:

Decision Reference: MD-PE-2015-0031
Decision Summary Title:	Planning and Building (Jersey) Law 2002 – Article 21A – Time Limits for Determinations		Date of Decision Summary:	21 April 2015
Decision Summary Author:	Planning Performance Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Planning Performance Manager
Written Report Title:	N/A		Date of Written Report:	21 April 2015
Written Report Author:	Planning Performance Manager		Written Report : Public or Exempt?	Public
Subject: Planning and Building (Jersey) Law 2002 - Article 21A – Time Limits for Determinations
Decision(s): In accordance with Article 21A of the Planning and Building (Jersey) Law 2002 the Minister prescribed time limits for the determination of (a) an application for planning permission, under Article 19 of the Law (b) an application for planning permission for development already undertaken, under Article 20 of the Law (c) an application to remove or vary a condition of planning permission, under Article 21of the Law. The time limits are For Major developments, 13 weeks from the date of validation of the application For Minor developments, 8 weeks from the date of validation Major developments are defined as • Residential development of 1 unit or above • New non-residential development • Commercial extensions and ancillary structures >250sqm floorspace • Any mixed residential / commercial development • Any change of use of land or buildings • Wind turbines, telecom masts • Any application requiring an Environmental Impact Assessment • Demolition, reservoirs, outdoor recreation areas, mineral extraction, earthworks and infrastructure projects Any development is which is not major development is minor development.
Reason(s) for Decision: Article 21A allows for time limits to be set for the determination of applications beyond which an applicant can request the Chief Officer to arrange for the determination of the application within 28 days or such other period as may be agreed. If no determination is forthcoming the application can be treated as a deemed refusal for the purposes of Part 7 of the Law and the applicant can pursue an appeal of the decision as appropriate. This mechanism introduces an appeal against the non-determination of an application.
Resource Implications: As all applications require to be determined at some point there are no resource implications for the introduction of appeals against non-determination.
Action required: The Chief Officer of the Department of the Environment make suitable provisions to inform applicants of the time limits for the determination of applications and their ability to pursue an appeal against non-determination of an application accordingly.
Signature: Deputy S Luce		Minister
Date Signed:		Date of Decision (If different from Date Signed):