Island Plan 2022-25: Approval (P.36/2021) – forty-sixth amendment Driveways

STATES OF JERSEY

ISLAND PLAN 2022-25: APPROVAL (P.36/2021) – FORTY-SIXTH AMENDMENT

DRIVEWAYS

Lodged au Greffe on 12th July 2021 by the Connétable of St. Brelade

STATES GREFFE

2021  P.36/2021 Amd.(46)

ISLAND PLAN 2021: APPROVAL (P.36/2021): FORTY-SIXTH AMENDMENT ____________

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After the words "the draft Island Plan 2022-25" insert the words "except that, within Policy GD3, after the words "restoration of land" there should be inserted the words, "including infrastructure,"".

CONNÉTABLE OF ST. BRELADE

Note:  After this amendment, the proposition would read as follows – 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, except that, within Policy GD3, after the words "restoration of land" there should be inserted the words, "including infrastructure,"

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P.36/2021 Amd.(46)

REPORT

Numerous developments take place in situations which necessitate the use of private or commonly-owned access roads. These are very often severely compromised by the heavy traffic necessary for the development with the result that other owners in common are left with expensive reinstatement costs which are not of their making. A recourse to law is inevitably expensive and disproportionate.

Property owners should not be expected to reinstate or repair their roads and driveways as a result of damage caused by construction, rather this should be included as an obligation on the developer in the completion of the entire development. Where developers have failed to repair or reinstate roads and driveways to the appropriate condition, property owners need to be able to seek action to ensure that developers are held responsible and required to undertake the necessary works to improve the roads to an acceptable standard.

Financial and manpower implications

There are no financial or manpower implications associated with the adoption of this amendment.

CRIA statement

This amendment has been assessed in relation to the Bridging Island Plan CRIA. While there is not a significant impact on children's rights associated with this amendment, it is worth noting that private access roads may be used by children and their families as a play space, and it is essential that any such environment is safely constructed, maintained, and accessible to children.

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P.36/2021 Amd.(46)