Island Plan 2022-25: Approval

STATES OF JERSEY

ISLAND PLAN 2022-25: APPROVAL

Lodged au Greffe on 19th April 2021 by the Minister for the Environment Earliest date for debate: 20th July 2021

STATES GREFFE

2021  P.36

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to approve, in accordance with Article 3(1) of the Planning and Building (Jersey) Law 2002, as amended by the Covid-19 (Island Plan) (Jersey) Regulations 2021, the draft Island Plan 2022-25.

MINISTER FOR THE ENVIRONMENT

Note: The draft Island Plan 2022-25 has been circulated separately. This is available here: /AssemblyPropositions/2021/P.36-2021%20Add.pdf

REPORT

1. INTRODUCTION

1. Planning  is  about  creating  a  better  future:  protecting  our  environment  for generations to come and enabling development that improves the lives of people now and over the long-term. The Island Plan is hugely important for Jersey. It sets out how, as a community, we will create homes; strengthen our economy; protect and improve our environment; provide for a good quality of life; and enhance what's special about our island.
2. The uncertainty caused by both the Coronavirus pandemic and the recent Brexit transition make it harder to plan for the future. Normally, the Island Plan would provide a ten-year planning framework, but because many issues are particularly uncertain at present, this Island Plan – also called the bridging Island Plan – covers a shorter three-year plan period, 2022-2025. After this period a new longer-term plan will be put in place.
3. The Island Plan 2022-25 provides a unique opportunity to act now to address known challenges, and in particular to help make housing more affordable to islanders; to provide an initial response to the impact of the Coronavirus pandemic and the recent Brexit transition; and to prepare strong, ambitious foundations for the island's next long-term plan, from 2025.
4. This Island Plan has been prepared to comply with the provisions of the Planning and Building (Jersey) Law 2002, to high standards, with extensive research and wide-ranging public, political and stakeholder involvement. Under Jersey's plan- led system, it will become the primary consideration in any planning-related decision-making during this period.

2. SCOPE AND FORMAT OF THE PLAN

1. The Island Plan comprises a report and a proposals map which shows the spatial aspects of policies across the island.
2. As set out below, the report is formed of four volumes with each volume broken into chapters that share a common theme:

Volume one – introduction and strategic proposals

• Introduction and context

• Strategic proposals

Volume two – strategic framework

• Strategic policies

• Places

Volume three – managing development

• General development

• Natural environment

• Historic environment

• Economy

• Housing

• Managing emissions

• Community infrastructure

• Travel and transport

• Minimising waste and environmental risk

• Utilities and strategic infrastructure

• Minerals extraction and solid waste disposal

Volume four – performance and delivery

• Delivery, monitoring and review

3. The substance of each chapter are the policies for development. Each of the policies is supported by a written justification that explains the considerations that have applied in developing the policy. Policies are shown in bold type, within a blue box and are identifiable by a policy number and specific title.
4. The proposals of the Plan set out further work that responds to, and will help make progress with, key issues. Strategic proposals are also set out in the plan to identify those broader initiatives to be addressed as priorities to inform the next Island Plan. Proposals are found in a green box.
5. The policies and proposals of the Island Plan have been carefully formulated to achieve the sustainable development of the island with a balance between social, environmental, and economic considerations. The policies do not stand in isolation and should be read together, with the other relevant policies and proposals, as a holistic response to the needs and issues facing the island, which is underpinned by the evidence collated to support preparation of the plan.

3. PURPOSE AND PRIORITIES OF THE PLAN  

1. The Island Plan promotes the sustainable development of land and buildings to maintain and enhance Jersey as a special place, that faces future challenges; values and protects its environment and unique island identity; and acts with confidence to provide the homes, employment and infrastructure that sustain community and family life.
2. This vision is informed by the legal and strategic purpose of the Island Plan; the ambitions set by ministers and the States Assembly in the Common Strategic Policy and other key strategic plans; and the findings of key public and stakeholder consultations, including Future Jersey.
3. In particular, the Island Plan 2022-25 prioritises the following areas. Making homes more affordable for islanders
4. More homes are required in the coming years as people live longer and household size  continues  to  reduce,  as  well  as  to  respond  to  increases  in  the  island's population. During the period of the last Island Plan, the Housing Affordability Index, which indicates whether a working household with average (mean) income can purchase a property affordably, declined by 11%.

5. The bridging Island Plan takes steps to address the provision of and affordability of homes, including:

• making provision for up to 4,150 new homes to meet the island's different housing needs

• as part of the provision of new homes, planning for up to 1,500 new affordable homes, both for rent and purchase, and aligning the plan with new housing policies that will update and improve the range of affordable housing products and ensure all affordable homes are allocated through the Housing Gateway in line with relevant criteria;

• introducing a new right-sizing' policy and allocating sites for new affordable homes by extending main and local centres, recognising that many residents might choose to move – and bring larger family homes onto the market – if they could remain within their local community;

• providing enabling policies that are aligned to the Government of Jersey's Public  Estates  Strategy  to maximise  the  use of  publicly  owned land  and buildings to support the development of new homes; and

• planning to address 50% of the identified backlog of homes arising over the plan period of the 2011 Island Plan (when levels of in-migration exceeded those

forecast).

Making improvements for Town residents and placemaking

6. The sustainable development of the island hinges on the sustainable development of Town. The Island Plan 2022-25 sets out a Plan for Town that advances eight strategic concepts, underpinned by detailed policies, that seek to create a town that is better for people to live in, with more open space; good homes; an improved built environment and access to the schools, jobs and other community facilities and services that support a better quality of life and the creation of a better place.
7. To support the Plan for Town, the Island Plan proposes the introduction of a Sustainable Communities Fund to invest in improvements over the long-term by capturing a small proportion of the value created when planning consent is given, to  make  wider  improvements  to  benefit  the  local  communities  in  which development occurs.

Responding to the climate emergency and improving transport

8. The States Assembly has declared a climate emergency and agreed a Carbon Neutral Strategy that has set in train a people-powered approach to establishing how Jersey should become carbon neutral.
9. Alongside the development of this process, the bridging Island Plan takes steps – which are in line with the existing commitments of the adopted Energy Plan – to ensure carbon emissions are reduced throughout the life cycle of new development (from  design  through  to  deconstruction).  These  policies  include  increased environmental design standards for new developments and support for carbon sequestration  schemes  and  renewable  energy  generation,  including  ground mounted solar arrays, where appropriate.
10. The  bridging  Island  Plan  also:  reflects  the  importance  of  biodiversity throughout the island and seeks to ensure that new development protects and improves green infrastructure and networks; and integrates the new Sustainable

Transport Policy to strengthen to support for bus services and to deliver new walking, cycling and wheeling infrastructure as part of new developments.

Strengthening protection from inappropriate development

11. The bridging Island Plan increases the protection afforded to the special and unique assets in the island from inappropriate development. The expanded Coastal National Park extends the highest level of protection to sensitive landscapes and seascapes around the Jersey coast and its surrounding waters for the first time; revised  historic  environment policies  recognise  and  strengthen the  protection afforded to the settings of listed buildings, whilst providing a clearer framework to manage change to them; and the policy regime for the green backdrop zone is retained and enhanced.
12. The plan also promotes better design and requires new development to respect and better respond to local character. Together, these policies help to protect, support, and enhance island identity.

An initial response to the pandemic and Brexit

13. The pandemic has had pronounced and direct impacts on our relationship with our physical environment, both for good and bad. The initial period of lockdown in 2020 was experienced very differently by people in smaller homes and with less access to outside space. Similarly, new experiences, such as extended working from home, or periods of self-isolation, are made much easier through access to additional and separate space within a home. At the same time, many people across the  world  reported  feeling  a  new  affinity  for  the  natural  environment  and recognised  how  different  environments  and  road  space  could  feel  with  the prolonged absence of vehicles.
14. Our experience has highlighted the significance of the quality of our homes and our neighbourhoods to personal and community wellbeing. The bridging Island Plan recognises this and seeks to ensure that the design and quality of new homes and access to open space is improved as an integral and important part of new development,  and  that  we  build  better  neighbourhoods  to  ensure  that  our communities are more resilient.
15. If the Coronavirus pandemic had not occurred, it is likely that the defining story of the first years of the Island Plan would be, in large part, determined by the impacts of Brexit. The period of this Island Plan will see significant changes to the current system for managing immigration into the Common Travel Area (CTA) and migration from within the CTA to Jersey. These include both the introduction of a new points-based immigration system by the UK Government (and the introduction of related and comparable controls within Jersey) and the introduction of a migration control policy by the Government of Jersey.
16. The development of the Island Plan has been able to progress in tandem with the States Assembly's consideration, debate and approval of a migration control policy, and the anticipated future publication of a population policy, because the impact of that new policy on the overall population of the island will not take effect for some time. The new migration control policy and future population policy, together with the results of the 2021 Census; greater learning about both the

performance of the island's economy following the pandemic and the impact of post-Brexit immigration changes; and the development of a longer-term economic framework for the island; will all inform long-term planning in the coming years and can be fully reflected in the subsequent Island Plan from 2025.

Building the foundations for a long-term Island Plan

17. The bridging Island Plan also looks forward to the strategic requirements of the island over time; sets a vision of a sustainable future; and helps build the foundations for a long-term Island Plan to follow, from 2025.
18. Steps have been taken to ensure that the bridging Island Plan is informed by a longer-term view of infrastructure needs, for example, through the development of the Minerals, Waste and Water Study and the Infrastructure Capacity Study, which consider requirements over several decades and a 15 year period respectively. The Island Plan also provides a policy response to the Shoreline Management Plan, which models and responds to sea-level rise over the next 100 years, and other flood risk throughout the island.
19. In order to make progress in areas that are currently uncertain, or are simply emergent, the Island Plan 2022-25 also sets out for the first time, a series of strategic proposals, which frame and direct further work that will be required to ensure the next Island Plan can appropriately plan for a longer-term period. This will address, amongst other things: the need for a marine spatial plan; exploring the opportunity for new development in the west of the island; and the development of an infrastructure roadmap for Jersey, which will address the long-term development and use of La Collette.

4. REVIEW PROCESS, ENGAGEMENT AND EVIDENCE

1. Initial work to review the Island Plan commenced in 2019, at the time when a 10- year plan was intended. In response to the impact of the Coronavirus pandemic and the uncertainty brought about by Brexit, the Minister for the Environment, in consultation with other ministers, proposed the development of a bridging Island Plan to cover the period 2022-25. This decision, and the process to arrive at it, have been considered by the Environment, Housing and Infrastructure Panel in their report, An analysis of the revised Island Plan Review process[1].
2. During the past two years, the work to develop the new Island Plan has been reviewed continually by the Minister and Assistant Minister for the Environment. Both have participated in the majority of meetings with Members, Ministers and Constables, to maintain a satisfactory level of engagement and understanding of this complex task; and both ministers welcome the comments made by States Members and external stakeholders, which have been helpful in informing the draft.
3. The Island Plan Review has enjoyed the benefit of regular engagement from States Members, stakeholders and the public in a range of ways and at different times. Key engagements have included the following.

Strategic Issues and Options consultation

4. The Government of Jersey held a public consultation over a three-month period from 10 July 2019 to 11 October 2019, on the strategic issues and options the island is facing, providing islanders with an opportunity to have their say.
5. The  consultation  was  structured  around  four  areas:  the  spatial  strategy,  a sustainable island environment, a sustainable island economy and sustainable island communities. A consultation document was published in two formats: a shorter summary paper (with 27 questions) and a full technical paper (with 47 questions). In total, 2,254 responses were received to the consultation from a variety of sources. A findings report2 was published following the consultation.

Ministerial engagement and direction

6. The Council of Ministers discussed aspects of the Island Plan Review, including its inter-relationship with other policy areas, on 13 occasions between 2019-2021. Individual ministers were also involved in reviewing draft policies, which were directly relevant to their portfolio, in the interests of developing an integrated Island plan.

States Member engagement

7. Two rounds of meetings were held with States Members, through their parishes (including senators, in the parishes in which they reside). The first round, in May and June 2019 explored key parish issues, to inform the Strategic Issues and Options consultation. The second round, in January and February 2021 explored emerging policy issues and potential affordable housing sites relevant to each parish.
8. The Strategic Issues and Options consultation was also supported by briefings in each parish. Parish briefings will also be used to support the consultation on the draft Island Plan in Spring 2021.

Call for sites

9. A call for sites was undertaken in late 2019. Over 500 sites were put forward both for development and for protection from development. All sites were assessed and prioritised, and the associated information is published alongside the Island Plan at www.gov.je/islandplan.
10. The  process  of  site  analysis  and  selection  was  robust,  objective  and professionally led. Political oversight of the process and final selection of sites for affordable housing was provided by the Minister and Assistant Minister for the Environment.
11. The Council of Ministers, in reviewing the draft Island Plan, offered their support for the approach taken to respond to the need for affordable housing but took no role in site assessment or selection.

2 Strategic Issues and Options consultation: findings report

In-committee debate

12. In July 2020, the Minister for the Environment requested an in-committee debate to provide all States Members with an opportunity to discuss – and express their views about – the changes that were necessary to enable the delivery of a bridging Island Plan and the key planning challenges that the Plan should seek to address. The discussion was informed by a report presented by the Minister for the Environment and was followed by an outcome summary report and ministerial response[2]. The output from this debate has helped inform preparation of the draft plan.

Preferred Strategy Report

13. Having considered the views raised during the Strategic Issues and Options consultation in 2019, the views of the States Assembly raised during the in- committee debate in 2020, the wider established priorities of government and the emergent evidence base, the Minister for the Environment developed and published a Preferred Strategy report[3] for the bridging Island Plan in October 2020, following its endorsement by the Council of Ministers.
14. The Preferred Strategy established a high-level vision for the bridging Island Plan; its strategic policy framework; the spatial strategy for development; the planning assumption; and provided an analysis of housing needs and delivery mechanisms.

Covid-19 (Island Plan) (Jersey) Regulations 2021

15. On 10 February 2021 the States Assembly agreed the Covid-19 (Island Plan) (Jersey) Regulations 2021[4]. These regulations provided the legal route to progress the bridging Island Plan in the current term of government, and are supplemented by a revised Island Plan Order, published on 22 March 2021, which sets out, amongst other things, how the examination in public will progress and the processes for amendments by States Members and Minster for the Environment.
16. These changes to the legally prescribed process of undertaking an Island Plan Review have enabled a bridging Island Plan to be developed and brought forward.

Evidence Base development

17. The Island Plan Review is supported by an extensive and up to date evidence base which addresses key issues to which the plan needs to respond. All the relevant evidence is published and available online at www.gov.je/islandplan; a summary list of relevant studies is included at appendix 1 to this report.
18. A wide range of engagement was undertaken to inform the various evidence base studies, including direct stakeholder engagement and workshops, online consultations, focus groups and surveys. Each commissioned study explains the methodology followed to prepare the report including how the work has engaged with the public and key stakeholders.

Independent appraisal

19. The draft bridging Island Plan is also subject to two independent appraisals.
20. A sustainability appraisal has been undertaken that considers and communicates the likely significant effects of the draft plan, and the reasonable alternatives considered during the plan making process, in terms of key sustainability issues. The aim of the sustainability appraisal is to inform and influence the plan-making process with a view to avoiding or mitigating negative effects and maximising positive  effects.  Through  this  approach,  the  appraisal  seeks  to  maximise  an emerging  plan's  contribution  to  sustainable  development.  The  sustainability appraisal will be published shortly after the draft Island Plan, given the overlap in time taken to complete the exercise subsequent to the Plan being drafted in a full and final state.
21. A viability appraisal6 has also been produced, which considers the impact that the  policies  in  the  draft  bridging  Island  Plan  may  have  on  the  viability  of development, and whether the draft bridging Island Plan will be able to deliver its aspirations. The viability appraisal builds on a full island-wide viability assessment undertaken in 2017.

5. PROCESS  OF  CONSULTATION,  INSPECTION,  AMENDMENT  AND DEBATE

1. The process of consultation, inspection, amendment and debate is outlined in the image below.
2. The States Greffe will shortly publish guidance for States Members in relation to the bridging Island Plan, which provides a detailed explanation of the processes outlined below and sets out the support available to States Members to help them engage fully.

6 Bridging Island Plan: Viability Note, available at www.gov.je/islandplan

3. The procedures for lodging, amending, and debating an Island Plan are set out in the Planning and Building (Jersey) Law (as amended) and also the Planning and Building (Covid-19 Bridging Island Plan) Order 2021[5].
4. Once  the  plan  is  lodged,  a  12-week  consultation  period  begins,  where representations can be made either by States Members or members of the public.
5. The public consultation period and the States Members' initial amendments period will run at the same time. An "initial representation" during this period, as stated in the Order, includes:
   1. an amendment lodged by a States Member and treated as a representation (Art 4(1)); and
   2. a representation by a member of the public (Art 6).
6. Once  amendments  are  lodged,  they  may  be  raised and  discussed during the Examination in Public. Because States  Members' amendments  are treated as representations, members of the public may comment on them in the same way they may comment on representations from members of the public (Art 4(6)(a)).
7. When the inspector's report is presented in January 2022, this will open a further States Members' amendment period. During this period, States Members may either  submit  amendments  to  previously  lodged  amendments  or  lodge  new amendments, but only where they relate to a matter considered in the Examination or addressed by the Inspector's Report.

Review by the Minister for the Environment

8. Following the end of the consultation period, the Minister will review all representations received and a report will be produced commenting on each representation, indicating whether or not the Minister would be minded to accept, partially accept or reject the point or suggested change. This includes any amendments lodged by States Members. This report will be published and provided to the appointed planning inspectors for their consideration as part of the examination in public process.

The Inspectors

9. Legislation requires the appointment of inspectors to "conduct an examination in public, in which representations are to be heard in public before the draft bridging plan is debated before the States" (Art 7). This includes amendments lodged during the consultation period.
10. Following a tender process, Intelligent Plans and Examinations Ltd are appointed and a team of three experienced inspectors have begun the work to familiarise themselves with the relevant law, practise and background documents.

The Examination in Public (EiP)

11. The inspectors will hold the examination in public, which will comprise a series of public hearings, where they will consider the draft plan, its evidence base and representations (including States Members' amendments).
12. During the EiP, States Members can submit further representations to the planning inspectors, provided they have submitted an initial representation (i.e. lodged an amendment); but according to the legislation, the further representation must relate to –
    1. a matter in relation to which the inspector has invited the representation
    2. a matter which has previously been raised by a representation in respect of the draft bridging plan; or
    3. if a thematic or plenary hearing is to be held, a matter to be addressed at the hearing, irrespective of whether the person making it is to appear and be heard at that hearing. (Art 10(2)).
13. The EiP will inform the inspector's later recommendations to the Minister, to ensure that the final plan provides for the orderly, comprehensive and sustainable development of land in a manner that best serves the interests of the community, and is otherwise considered adequate.
14. States Members can engage in the process by bringing an initial representation (see definition above) either as a States Member (through an amendment) or as a member

of the public. The procedures differ depending on which approach is taken.

15. A States Member lodges an amendment in the usual manner with the States Greffe. Guidance will be available from the Greffe to support States Members in navigating this novel process.

6. KEY ISSUES FOR THE ISLAND PLAN DEBATE

6.1. Section 3 of this report sets out the priorities of the Island Plan 2022-25 at the point of its publication in April 2021. Throughout the lodging period, new and important issues may emerge through consultation or through the contributions of States Members or the views of the Inspector. Reports and comments will be published at key points throughout the lodging period of the Island Plan in order to inform islanders, stakeholders and States Members as to any anticipated amendments the Minister for the Environment may be minded to bring. This will include providing comprehensive comments on all representations submitted during consultation before the plan is examined in public by an independent planning inspector; and on the outcome of the planning inspector's report, before the Island Plan is to be debated in the States Assembly.

7. FINANCES AND RESOURCES

1. The Island Plan promotes an ambitious vision for Jersey. Delivering to the quality standards anticipated by this vision will require additional resources in future years. Some of these resources have been anticipated in previous Government Plans or in other strategic policy documents, but additional resources will be required to support the delivery of some proposals and strategic proposals set out in the draft plan and, as such, will be the subject of submissions through the development of future Government Plans.
2. The introduction of the new Island Plan may also create some additional costs within  the  Development  Control  service  (Infrastructure,  Housing  and Environment) related to training and / or amendments to internal systems and processes. These would be accommodated from within existing departmental resources.

APPENDIX 1

LIST  OF  EVIDENCE  DOCUMENTS  SUPPORTING  THE  ISLAND  PLAN REVIEW