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

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.

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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):

 

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