04 July 2006
New Planning Law in force
The Planning and Building (Jersey) Law 2002 came into force on 1 July 2006. It integrates the existing laws and increases public involvement in the planning process.
The new Law includes a requirement for more effective publicity for planning applications (Article 11). This means that in addition to the Planning and Environment Department’s advertisements in the local press, applicants are now required to advertise their proposals by posting signs on application sites.
Other areas covered in the Law are an assessment of environmental impact (Article 13) and the overriding presumption in favour of the Island Plan and its policies. This means that application decisions will follow the Plan unless there are exceptional reasons not to.
The Minister for Planning and Environment, Senator Freddie Cohen is given specific power to seek an injunction if he has good reason to suspect that someone is about to transgress the Law by undertaking an action or development that is illegal. He will also, for the first time, be able to issue a “Stop Notice” if a development is proceeding in breach of approved plans.