States of Jersey Development Company Limited: appointment of Chairman.

STATES OF JERSEY

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DRAFT AMENDMENT (No. 27) OF THE STANDING ORDERS OF THE STATES OF JERSEY

Lodged au Greffe on 13th January 2015 by the Minister for Planning and Environment

STATES GREFFE

2015   Price code: C  P.1

DRAFT AMENDMENT (No. 27) OF THE STANDING ORDERS OF THE STATES OF JERSEY

REPORT

These amendments to the Standing Orders of the States of Jersey are brought so as to enable the constitution of a Planning Applications Committee to consider applications for planning permission and similar issues.

The Planning and Building (Amendment No. 6) (Jersey) Law 2014 ("the amending Law")[1]  introduces an  independent  merits-based  appeals  process for  decisions and actions taken under the  Planning and Building (Jersey) Law 2002  ("the principal Law"). Appeals will be considered on their merits by an independent inspector in a process administered by the Judicial Greffe. The inspector will consider the merits of a case and then make a recommendation to the Minister for Planning and Environment, who will then make the appeal decision. So as to ensure the independence of the decision-maker for the appeal, the Minister for Planning and Environment has to withdraw from any participation in the first tier of decision-making, including the formation of the Planning Applications Committee.

The involvement of Members of the States in considering issues such as applications for planning permission is a fundamental pillar of the planning process. Members are in a position to weigh matters of land use planning policy against the aspirations of applicants  and  the  potential  concerns  of  the  public.  Previously,  the  Planning Applications Panel was nominated by the Minister, but this would be inconsistent with the independence of the Minister from the first tier of decision-making. The process of appointing the Members of the Planning Applications Committee follows the same appointment process as for the Scrutiny Panels.

Article 9A of the principal Law (as it will be substituted by the amending Law) sets out  the  functions  of  a  Planning  Applications  Committee  to  undertake  this  role. Article 9A(1) indicates that the Committee will be "established in accordance with standing  orders  under  Article 48(1)  of  the  States  of  Jersey  Law  2005".  The amendments  to  standing  orders  presented  here  facilitate  the  establishment  of  the Planning Applications Committee.

I am grateful to my colleague, the Connétable of St. Clement , in his capacity as the Chairman of the Privileges and Procedures Committee (PPC), in agreeing that I should present these amendments to Standing Orders to the States.

Financial and manpower implications

The Planning Applications Committee will replace the role of the currently constituted Planning Applications Panel, and the resources for servicing the Panel will transfer to the Committee. There are therefore no additional financial or manpower implications for the States arising from the adoption of these amendments to Standing Orders.

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Explanatory Note

These amendments to the Standing Orders of the States of Jersey establish a Planning Applications Committee (the "Committee"). The power and requirement to do so is imposed by Article 48(3A) of the States of Jersey Law 2005, as amended by the Planning and Building (Amendment No. 6) (Jersey) Law 2014. Article 48(3A) says –

"(3A) Standing orders made under paragraph (1) shall –

1. establish a Planning Applications Committee;
2. require the States to appoint an elected member, who is not a Minister, to be its chairman; and
3. require the States to appoint to be members of that Panel at least 3 and no more than 9 elected members who are not Ministers.".

Amendment 1 provides for the construction of references to standing orders. Amendment 2 defines the Committee in standing orders.

Amendment 3  specifies  when  a  new  Committee  is  appointed  following  the appointment of a new Council of Ministers. The chairman of the Committee will be appointed after the chairmen of the scrutiny panels have been appointed. The members of the Committee will be appointed after the members of the scrutiny panel have been appointed.

Amendment 4 provides that, if there is a vacancy in the office of chairman of the Committee,  the  vacancy  will  be  filled  at  the  meeting  during  which  the  present officeholder resigns or the presiding officer informs the States of such a resignation, or at the following meeting.

Amendment 5 sets out the process for appointment of the chairman of the Committee. In summary, the process is the same as the process for appointment of the chairman of a scrutiny panel.

Amendment 6 sets out the process for appointment of the members of the Committee. Again, the process is the same as the process for appointment of the members of a scrutiny panel.

Amendment 7 establishes the Committee and provides for its constitution, subject to the  restrictions  imposed  by  Article 48(3A)  of  the  States  of  Jersey  Law 2005. Amendment 7 further provides for the term of office of members of the Committee and how they may resign. As before, the rules are broadly the same as those for a scrutiny panel, save that a person may not be the chairman or a member of the Committee if he or she is a member of the environment scrutiny panel or an Assistant Minister to the Minister for Planning and Environment.

Amendment 8 provides that the Greffier of the States may, but is not required to, provide an officer to take minutes for the Committee.

Amendment 9 provides for the citation and commencement of these Amendments.

of Jersey  Arrangement

DRAFT AMENDMENT (No. 27) OF THE STANDING ORDERS OF THE STATES OF JERSEY

Arrangement

Regulation

1  Interpretation ................................................................................................... 9 2  Standing order 1 amended ............................................................................... 9 3  Standing Order 112 amended .......................................................................... 9 4  Standing order 114 amended ......................................................................... 10 5  Standing order 120AA inserted ..................................................................... 10 6  Standing order 125A inserted ........................................................................ 10 7  Standing order 141A inserted ........................................................................ 11 8  Standing order 151 amended ......................................................................... 13 9  Citation and commencement ......................................................................... 13

of Jersey  Amendment 1

DRAFT AMENDMENT (No. 27) OF THE STANDING ORDERS OF THE STATES OF JERSEY

Made  [date to be inserted] Coming into force  [date to be inserted]

THE STATES, in pursuance of Article 48 of the States of Jersey Law 20051,

have made the following Amendments to the Standing Orders of the States of Jersey2 –

1  Interpretation

In these Amendments, a reference to a standing order by number only is a reference to the standing order of that number in the Standing Orders of the States of Jersey.

2  Standing order 1 amended

In standing order 1(1), after the definition "PAC" there shall be inserted the following definition –

" Planning Applications Committee' means the committee of that name established by standing orders;".

3  Standing Order 112 amended

In the table following standing order 112(1) –

1. after item 5, opposite the entry for the 2nd meeting, there shall be inserted the following item –

"5AA.  appointment  of  chairman  of  Planning  Applications

Committee";

2. after item 9, opposite the entry for the 3rd meeting, there shall be added the following item –

"9A.  appointment  of  members  of  Planning  Applications

Committee".

Draft Amendment (No. 27) of the Standing Orders of the States Amendment 4  of Jersey

4  Standing order 114 amended

In  standing  order 114(1),  after  sub-paragraph (e)  there  shall  be  added  the following sub-paragraph –

"(f)  chairman of the Planning Applications Committee.".

5  Standing order 120AA inserted

After standing order 120 there shall be inserted the following standing order –

"120AA  Chairman of Planning Applications Committee: appointment

process

1. The presiding  officer  shall  invite  elected  members  to make nominations  for  the  office  of  chairman  of  the  Planning Applications Committee.
2. If  only  one  person  is  nominated  that  person  is  appointed  as chairman of the Planning Applications Committee.
3. If more than one person is nominated, the presiding officer shall then,  according  to the  order  in which  the  candidates  were nominated, invite each candidate to speak for up to 10 minutes.
4. After a candidate has spoken, the presiding officer shall allow up to 20 minutes for elected members to question the candidate.
5. While  a  candidate  is  speaking,  or  being  questioned,  other candidates must withdraw from the Chamber to a place where they cannot hear the proceedings init.
6. When the speeches and questions are concluded, a recorded vote shall be taken.
7. The candidate who receives more than half of the votes cast is appointed as chairman of the Planning Applications Committee.
8. If  no  candidate  receives  more  than  half  of  the  votes  cast,  the candidate with the lowest number of votes shall withdraw from the contest and a further recorded vote shall be taken.
9. If, in the circumstances described in paragraph (8), there are 2 or more candidates who receive the same number of votes as each other, but fewer votes than all the other candidates, a recorded vote shall be taken to select which of them shall remain in the contest and the candidate who receives the fewest votes shall withdraw from it.
10. A candidate may withdraw his or her candidacy at any time.
11. In the event that, by reason of the withdrawal of a candidate, only one candidate remains, the remaining candidate is appointed as chairman of the Planning Applications Committee.".

6  Standing order 125A inserted

After standing order 125 there shall be inserted the following standing order –

of Jersey  Amendment 7

"125A  Members of Planning Applications Committee: appointment

process

1. The chairman  of  the  Planning  Applications  Committee  shall indicate the number of members (not less than 3 and not more than 9) that  he  or  she  wishes the  committee to have  and  shall nominate elected members as candidates for appointment as those members.
2. The presiding officer shall invite elected members to nominate other candidates.
3. If no other candidates are nominated the persons nominated by the chairman of the Planning Applications Committee are appointed as members of that Committee.
4. If other candidates are nominated there shall be a secret ballot and the number of candidates equal to the number of members the committee isto have who receive the highest number of votes are appointed as members of the Planning Applications Committee.
5. In a ballot an elected member shall have the same number of votes as there are members to appoint, although a member need not use all of his or her votes.
6. In the event that 2 or more candidates receive the same number of votes  in a  ballot,  being  a  number  which,  if  received  by  one candidate, would be the lowest number of votes required for that candidate to be appointed as a member of the committee, there shall be a further secret ballot between those candidates and the candidate receiving the greater number of votes shall be appointed as a member of the Planning Applications Committee.
7. This process shall also apply, with the necessary modifications, whenever the chairman of the Planning Applications Committee wishes  to appoint  one  or  more  members  of  the  committee (provided that the membership does not exceed 9).".

7  Standing order 141A inserted

After standing order 141 there shall be inserted the following standing orders –

"141A  Planning Applications Committee: establishment and constitution

1. There shall  be  a  Planning  Applications  Committee  which  shall consist of –

1. a chairman, who must be an elected member who does not hold an office described in paragraph (2); and
2. a number of members determined by the chairman of that Committee (but not less than 3 and not more than 9) who must be elected members none of whom holds an office described in paragraph (2).

2. An elected member cannot be the chairman or a member of the Planning Applications Committee if he or she is also –

Draft Amendment (No. 27) of the Standing Orders of the States Amendment 7  of Jersey

1. a Minister;
2. an Assistant Minister to the Minister who for the time being discharges  the  Ministerial  functions  relating  to planning under the Planning and Building (Jersey) Law 20023; or
3. a  member  of  the  scrutiny  panel  described  in standing order 135(1)(d).

3. The States shall appoint the chairman and members of the Planning Applications Committee.
4. The Planning  Applications  Committee  shall  appoint  one  of  its members as vice chairman.
5. The vice chairman shall discharge the functions of the chairman during –

1. the temporary absence or incapacity of the chairman; or
2. a vacancy in the office of chairman.

141B Planning Applications Committee: term of office and resignation of

chairman or member

1. Every member of the Planning Applications Committee shall hold office until the beginning of the 1st meeting following the next ordinary election unless he or she resigns or otherwise ceases to hold office earlier.
2. A member of the Planning Applications Committee may resign –

1. during a meeting of the States, by personally informing the States; or
2. by giving written notice to the Bailiff .

3. Where a member of the Planning Applications Committee gives written notice of his or her resignation to the Bailiff , the presiding officer shall inform the States of the resignation at the next meeting of the States.
4. The member vacates office when the States are informed of his or her resignation.
5. The chairman of the Planning Applications Committee shall cease to hold office upon any of the following events –

1. ceasing to be an elected member;
2. his or her appointment to an office described in standing order 141A(2); or
3. the  States  deciding  that  they  have  no  confidence  in the chairman or in the Planning Applications Committee.

6. Any other member of the Planning Applications Committee shall cease to hold office upon any of the following events –

1. ceasing to be an elected member;
2. his or her appointment to an office described in standing order 141A(2);

of Jersey  Amendment 8

3. the  States  deciding  that  they  have  no  confidence  in the Planning Applications Committee; or
4. the filling of a casual vacancy in the office of chairman of the Planning Applications Committee.".

8  Standing order 151 amended

After standing order 151(4) there shall be inserted the following paragraph –

"(4A) The Greffier may make an officer available to keep minutes of the

proceedings of the Planning Applications Committee.".

9  Citation and commencement

These  Amendments  may  be  cited  as  Amendment  (No. 27)  of  the  Standing Orders of the States of Jersey and shall come into force on 10th March 2015.

Endnotes  of Jersey

1 chapter 16.800

2 chapter 16.800.15 3 chapter 22.550