States of Jersey Law 2005: delegated functions – Planning and Environment.

STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATED FUNCTIONS – PLANNING AND ENVIRONMENT

Presented to the States on 13th March 2009 by the Minister for Planning and Environment

STATES GREFFE

REPORT

On 11th March 2009, the Minister for Planning and Environment made a Ministerial Decision delegating certain of his functions under Article  28 of the States of Jersey Law 2005 (MD-PE-2009-0035, available at www.gov.je).

The terms of the delegations, and the legislation under which those delegations were made, were recorded in a Report attached to the Ministerial Decision, as shown below –

-----------------------------------------------------------------------------------------------------

1. P la nning and Building Services Division

Unless otherwise stated, any reference to an Article in this section is a reference to the Article so numbered in the Planning and Building (Jersey) Law 2002.

1. T h  e delegations

1. B y virtueof the power conferred on him by Article 28of the States of Jersey Law 2005, and subject tothe conditions set out below, the Minister for Planning and Environment has delegated to the Assistant Minister all of the functions conferred onor vested in the Minister by orunder the Planning and Building Law 2002, and the Building Bye-laws(Jersey) 2004, save the makingof Orders.
2. B y virtue of the power conferred onhimby Article  9Aofthe Planning and Building (Jersey)Law 2002, and subject to the conditions set out in section  2 below, the Minister has delegated to the Planning Applications Panelthefunctionsconferred upon orvestedin him under –

1. Articles 9, 11(3) to (6), 13(1) to (3), 14 to 17, 19 to 24, 26 and 28 concerning planning applications;
2. Articles 40, 42 and 45 concerning enforcement;
3. Article 54(2)(a)concerningworks to Sites ofSpecial Interest;
4. Article 61(1)(a)concerningworks to a ProtectedTree;
5. AnOrdermadeunder Article  76concerning the display of advertisements; and
6. AnOrdermadeunder Article 81concerningmovablestructures.

3. B y virtueof the power conferred on him by the States of Jersey Law2005the Minister has delegated to the  officers  specified  below (individually,  an "authorized officer" and  collectively, "the  authorized officers") the functions conferred onor vested in him specified below.
4. T h e Minister has delegated to –

1. the Chief Officer – Planning and Environment,
2. the DirectorofPlanning,
3. the AssistantDirectorsofPlanning,
4. the Principal Planners, Principal Historic Buildings Officer and Principal Building Control Surveyors,
5. the Senior Planners and Senior Building Control Surveyors,
6. the Planners and Building ControlSurveyors, and
7. the Enforcement Officers

an d i n respect of Articles relating to Sites of Special Scientific Interest –

8. The DirectorofEnvironment
9. The AssistantDirectorEnvironmentalManagement&RuralEconomy
10. The Principal Ecologist

th e fo llowing functions –

1. the functions specified in paragraph 1.2 above,
2. the functions specified in Articles 53 and 54(2)(a) concerning Sitesof Special Interest;
3. the functions specified in Articles 60 and 61(1)(a) concerning Protected Trees;
4. the functions specified in Articles 66, 68 and 71 concerning dangerous structures;
5. the functions conferred upon or vested in the Ministerby the Planning and Building (Planning Fees)(Jersey)Order 2006,
6. the functions conferred upon orvestedin him by the Building Bye-laws.

F o r t he avoidance of doubt, the functions delegated include the granting of permission, with or without

conditions, and the refusal of permission.

5. T h e Minister has delegated to –

1. the Chief Officer – Planning and Environment;
2. the DirectorofPlanning;
3. the AssistantDirectorof Planning (Policy and Projects);
4. the PrincipalHistoric Buildings Adviser,

th e fu nction to disallow requests for the consideration and reconsideration of the protection of a building

or site for inclusion on the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance or the List of Sites of Special Interest.

6. B y virtueof the power conferred on him by Article 28of the States of Jersey Law 2005, and subject tothe conditions set out below, the Minister for Planning and Environment has delegated to the Assistant Minister all the functions conferred onor vested in the Minister by or under the High Hedges (Jersey) Law 2008,so that they maybe exercised inhisabsence.
7. B y virtueof the power conferred on him by the States of Jersey Law2005the Minister has delegated to the officers specified below (individually, an"authorized officer" and collectively, "the authorized officers") the functions conferred onorvestedin him byorunder the HighHedges(Jersey) Law 2008 as specified below.

T h e M inister has delegated to –

1. the Chief Officer – Planning and Environment,
2. the Directorof Planning and Building Services,
3. the AssistantDirectorsofPlanning,
4. the PrincipalPlanners,

th e fo llowing functions –

1. the functions specified in Article 6 concerning the validity of a complaint,
2. the functions specified in Article 7 concerning determination of an application and the requirement forremedial action;
3. the functions specified in Article 9 concerning the varying and withdrawal of a remedial notice.

T h e M inister retains all decision-making and other functions delegated by this document.

2. T h  e conditions

1. In the exercise of the functions delegated to them, the AssistantMinister, the Planning ApplicationsPanel and the authorized officers will observe andabidebytheCodeofPractice set out in section  3 below.
2. T h e Planning ApplicationsPanel will not make any decision or otherwise exerciseanyfunction in any

case where it disagrees fundamentally with the recommendation of the officers of the Planning and Environment

Department until it has undertaken further consultation.

3. N e ither the AssistantMinister,the Planning ApplicationsPanel,norany authorized officer, will makeany decision or otherwise exerciseanyfunctioninanycaseinwhich the Minister hasgivennotice that he wishes to make the decisionorexercise the function himself. For the avoidance of doubt, the Minister may give such notice after the Assistant Minister, the Planning ApplicationsPaneloran authorized officer, as the casemaybe,hasbegun a consideration of the matter, and atanystageprior to the making of the decision orexercise of the functioninpursuanceofthedelegatedpowers.
4. A l l decisions made by an authorized officer will becheckedandcounter-signedby a moreseniorofficer.

3. T h  e CodeofPractice

1. S u bjectto Sections 1 and 2 above, the Minister will consider, inpublic,requests for reconsideration if –

1. the decisionwasmadeby authorized officer,and
2. the officer consulted the Minister as part oftheprocessof determining the planning application, and
3. the decisionwasto refuse permissionorimpose conditions.

W  h er e the Minister was not consulted by the authorized officer as part of the process of determining the

application, but all other conditions outlined above where met, the Planning Applications Panel will reconsider the request for reconsideration.

2. W  here it is considered beneficial, the Minister may sit with the Assistant Minister who chairs the Application Panel.
3. T h e Minister, orAssistant Minister inrespectof meetings of the Planning ApplicationsPanel,may invite personal presentations bythe applicant or objectors (providedalways that the applicant has a right of reply to any third party representations). In thecaseofmeetingstodetermine applications madeunder the High Hedges (Jersey) Law 2008, the Minister or Assistant Minister mayinvitepersonal presentations by the complainantandhedgeowner (as definedby the Law).
4. In practice, and subject to the conditions set out in section  2 above,the Planning ApplicationsPanelmay decide –

1. applications where written political representations have been made, eitherforor against the proposal;
2. applications which have become contentious by virtue of the number or strength of representations made;
3. applications which would involve a departure from the IslandPlan, any guidelines orpolicies published in accordance with Article 6,anyother approved planning policy butwhere,in its opinion, there are goodgroundstoconsiderapproving the application;
4. the serving of enforcement notices; and
5. any other applications referred to itby an authorized officer ortheMinister.

5. In practice, and subject to the conditions set outin section  2 above the authorized officers will decide –

1. whether it is necessary to makean application;
2. the calculationor waiver, in wholeor in part, of planning fees;
3. applications wherethedecision is in accordance with the Island Plan,anyguidelinesorpolicies published in accordance with Article  6, any other approved policies;
4. applications wherethedecision accords withan earlier decision of –

1. the formerEnvironmentand Public ServicesCommittee,
2. the former Planning Sub-Committee,

3. the Minister for Planning and Environment, or
4. the PlanningApplications Panel;

5. applications where there have been representations from the general public, but wherethose representations have beenaccommodatedbyrevisions to the application orbythe imposition of conditions, are of a non-planning nature, or are notof sufficient weight to influence a decisionon the application;
6. applications under the Building Bye-laws,includingapplicationsfor the relaxation of the Bye- laws;
7. applications under the Planning and Building (Display of Advertisements) (Jersey) Order 2006;
8. applications underArticles101 to 104 (importation of caravans) orunderthe Planning and Building (Movable Structures) (Jersey) Order 2006;
9. on reserved matters which follow an outline planning permission;
10. on requeststo vary permissions,including conditions;
11. on the content of Notices served under the Law;
12. on the provisional listing of Sites ofSpecial Interest;
13. on applications, for works that do not necessarily amount to developmentbutwhichhave the potential toaffect the special interestof a Site of Special Interest;
14. on the provisional listing of protected trees;
15. applications to carry outan action specified in Article  61to a tree listed as a protected tree;
16. applications  under the  High  Hedges (Jersey)  Law  2008, where the  hedge-owner has not submitted a representation;

p r o v ided that, in all cases, the authorized officer's decision is endorsed by a more senior authorized

officer.

________________________________________________________________

2. E n vironment Division

Schedule of Delegated Statutory Powers

Law Detail/Involves Delegated to whom Animal Welfare (Jersey)  A Law to consolidate and  A ssistant Minister Law 2004 revise the laws promoting the  C hief Executive Animal Welfare welfare of animals and the Officer (Amendment) (Jersey) prevention of suffering by animals,  D irector of

Law 2006 to regulate the keeping and use of Environment

animals, and for connected

Subordinate purposes.

• A nimal Welfare

(Amendment of  T he Law defines the

Schedule 1) (Jersey) Order Veterinary Officer according to the

2007 definition given under the Diseases

• A nimal Welfare of Animals (Jersey) Law 1956 –

(Temporary Licensing the Appointed Veterinary Officer

Exemptions) (Jersey) Order (or their appointed Deputy under For the purposes of 2007 Part  2, Article  2 of the 1956 Law) administration,

• A nimal Welfare has delegated powers under all inspection and (Licence Fee) (Jersey) Orders and is empowered to enforcement

Order 2007 perform all duties relating to States Veterinary

• A nimal Welfare veterinary matters (Articles  2, 3, 4, Assistant Standby (Poisons) (Jersey) Order 5, 6, 7). Officers (4)

2007

disease-free. This allows Jersey to inspection and

trade with Europe. enforcement

• H ead of Agricultural

Inspection

• A gricultural Inspectors (4)

Animals (Trapping)  A Law to define approved  A ssistant Minister (Jersey) Law 1961 traps and to regulate and enforce  C hief Executive

their appropriate use. Officer

Subordinate  D irector of

• S pring Traps Environment (Approval) (Jersey) Order  P rincipal Ecologist

1996  S tates Veterinary  S mall Ground Vermin Officer

Traps (Jersey) Order 1961

Artificial Insemination of  L icences to those wishing to  A ssistant Minister Domestic Animals perform artificial insemination on  C hief Executive (Jersey) Law 1952 any female domestic animal and Officer

(A replacement Law also to those who wish to collect,  D irector of

has been drafted store, distribute or sell the semen Environment

entitled the Artificial from any male domestic animal  S tates Veterinary Breeding of Domestic (Article 2). Officer

Animals (Jersey) Law

200- but has currently

been deferred.)  L icences to persons wishing to

import (other than cattle) or export

Subordinate the embryos, ova or semen of

• A rtificial Insemination domestic animals and to export

of Domestic Animals (including cattle) as above

(Jersey) Order 1952 (Article 3).

• A rtificial Insemination

of Domestic Animals (Bovine Semen) (Jersey) Order 2008

• A rtificial Insemination

of Domestic Animals (Jersey) Order 2008

• A Law to protect scheduled  Assistant Minister wild animals and birds and their  Chief Executive nest or dens from death, damage Officer

or disturbance.  Director of

Environment

• Article  16 allows for the  Assistant Director licensing of normally prohibited

activities under the following oMf aEnnavgiermonemnte nantadl Articles – 6, 8, 9, 10 11, 15. Rural Economy Prohibitions –  Principal Ecologist 6  Relating to dens and nests,

etc. of protected wild animals

and protected wild birds

8  Keeping, etc. of protected

wild animals and protected

wild birds

9  Certain methods of killing or

taking wild birds

10 Certain methods of killing or

taking wild animals (no

licences have ever been issued

for 9 and  10)

11 Export of certain reptiles and

amphibians

15 Release, etc. of imported

species (specifically includes

Pheasants and Partridges)

Licences may only be issued if the thing to be done is for scientific research, educational purposes (e.g. ringing, marking, tracking), preserving public health or public or air safety, the re-introduction of a species, the purpose of conservation, the prevention of the spread of disease, the prevention of serious damage to livestock and crops; AND if there is no other satisfactory solution and that anything authorized by the licence will not be detrimental to the survival of the population concerned'.

• Delegated powers are also required under Article  18 for

enforcement activities.

• D iseases of Animals 1984

(Therapeutic Substances) Epizootic Lymphangitis (Jersey) Order 1958 (Jersey) Order 1958

• D iseases of Animals Foot-and-Mouth Disease (Waste Foods) (Jersey) (Jersey) Order 1958

Order 1958 Fowl Pest (Jersey) Order 1958

• D iseases of Animals Fowl Typhoid (Jersey) Order (Welfare in Transit) 1959

(Jersey) Order 2001 Glanders or Farcy (Jersey)

• R abies (Jersey) Order Order 1958

Virus Hepatitis (Jersey) Order 1958 1958

 R abies (Control) Parasitic Mange (Jersey) (Jersey) Order 1976 Order 1958

 R abies (Importation of Pleuro-Pneumonia (Jersey) Dogs, Cats, and Other Order 1958

Mammals (Jersey) Order Psittacosis (Jersey) Order 1958 1976 Sheep-Pox (Jersey) Order 1958

• N on-Commercial Sheep Scab (Jersey) Order Movement of Pet Animals 1958

(Jersey) Regulations 2006 Swine Fever (Jersey) Order

1958

Swine Vesicular Disease

(Jersey) Order 1974 Teschen Disease (Jersey)

Order 1975

Tuberculosis (Jersey) Order

1958

Warble Fly (Jersey) Order

1984

Diseases of Animals

(Bluetongue) (Jersey) Order 2006

European Communities  T o ensure the health of  A ssistant Minister Legislation aquaculture animals and  C hief Executive (Implementation) (Jersey) aquaculture products in order to Officer

Law 1996 prevent the spread of disease.  D irector of

Environment Subordinate  S tates Veterinary

• F ish Health (Jersey)  R egulation, enforcement and Officer

Regulations 1999 inspections are carried out by

• E uropean Communities States Veterinary Officer or his/her

Legislation (Bluetongue) assistants. For the purposes of (Jersey) Regulations 2008 enforcement/ Inspection

• S tates Veterinary Assistant

• H ead of Agricultural Inspection

• A gricultural Inspectors (4)

• S tandby Officers (4)

• S enior Fisheries Inspector

• F isheries Officer –

Research and Development

• S ea Fisheries Officers (3)

• E uropean Communities  T o ensure the correct form and  A ssistant Minister Legislation application of prescribed cattle  C hief Executive (Implementation) (Cattle eartags; the registration of cattle Officer

Identification) (Jersey) and recording of movements.  D irector of Regulations 2002 Environment

• A ssistant Director of

• I nspections and enforcement Environmental

are carried out by States Veterinary Management and Rural Officer or his/her assistants. Economy

• S tates Veterinary Officer

For the purposes of enforcement/ Inspection

• S tates Veterinary Assistant

• H ead of Agricultural Inspection

• A gricultural Inspectors (4)

• C ommunity Provisions  R egulations to ensure the  A ssistant Minister (Animal Feeding) (Jersey) prevention, control and eradication  C hief Executive Regulations 2005 of certain transmissible spongiform Officer encephalopathies.  D irector of Environment

• S tates Veterinary

• I nspections and enforcement Officer

are carried out by States Veterinary

Officer or his/her assistants. For the purposes of

enforcement/ Inspection

• S tates Veterinary Assistant

• H ead of Agricultural Inspection

• A gricultural Inspectors (4)

Fertilisers and Feeding  A Law to make provision with  A ssistant Minister Stuffs (Jersey) Law 1950 respect to the sale of fertilizers and  C hief Executive

feeding stuffs in the Island and Officer

Subordinate their contents which must not have  D irector of

• F ertilizers and Feeding animal extracts within them. Environment

stuffs (Jersey) Order 1972  A ssistant Director of

Environmental Management and Rural Economy

• S tates Veterinary Officer

Associations, e.g. by the Jersey Economy Rifle Club, who close Les Landes

S.S.I. 6 times annually for firing

purposes.

• P rovisional listing (for

3  months only) of S.S.I.s under Article  53 in the case of extreme threat to an area of SSI quality.

Subordinate All administration of –  A ssistant Minister

• P lanning and Building  C hief Executive (Environmental Impact)  P art  2 – Prescribed Officer

Jersey Order 2006 development requiring an  D irector Of

environmental impact statement. Environment

• A ssistant Director,

• P art  3 – Minister may indicate Policy and Projects

if environmental impact statement

required.

Part  4 – Minister may indicate the scope of environmental impact statement.

Waste Management (Jersey) Law 2005

• A Law to –

1 . Control the transboundary

shipment of wastes to,

from, and through Jersey. 2 . Control the movements of

hazardous and healthcare

wastes in Jersey.

3 . Allow for the licensing of

waste management facilities and the registration of certain carriers in Jersey.

• A ll administration of –

Part  1 – INTRODUCTORY PROVISIONS (Articles 1 to 9)

Part  2 – ADMINISTRATION (Articles 10 to 22)

Part  3 – WASTE MANAGEMENT WITHIN THE ISLAND

• L icensing of Operations (Articles 23 to 37)

• R egistration of Waste Carriers

• A ssistant Minister

• C hief Executive Officer

• D irector of Environment

• A ssistant Director –

Environmental Protection

• H ead of Waste Regulation

In addition for enforcement (Part  5)

• E nvironmental Protection Officers

• E nvironmental Protection Support

Officer.

• H ead of Agricultural

Inspection

• A gricultural Inspectors

(Articles 38 to 48)

• I nternal Movements (Articles

49 to 52)

• O ther Provisions (Articles 53 to 56)

Part  4 – TRANSBOUNDARY MOVEMENTS OF WASTE

• I ntroductory Provisions (Articles 57 to 63)

• E xport of Waste (Articles 64 to

67)

• I mport of Waste (Articles 68 to 69)

• W  aste in Transit (Articles 70 to 71)

• I llegal Traffic (Articles 72 to 75)

• O ther Provisions (Articles 76 to 81)

Part  5 – ENFORCEMENT (Articles 82 to 93)

Part  6 – OTHER PROVISIONS (Articles 94 to 113)

Any further responsibilities under

Schedules 1 to 11.

Water Pollution (Jersey)  A Law to provide for the  A ssistant Minister Law 2000 control of pollution in Jersey  C hief Executive

waters, and the implementing of Officer

provisions of the Convention for  D irector of

the Protection of the Marine Environment Environment of the North-East  A ssistant Director – Atlantic; the monitoring and the Environmental classification of waters; the setting Protection

of quality objectives for classified

waters; administrative, regulatory, In addition for preventive and remedial measures; enforcement (Article  29) and related purposes.  E nvironmental

• D elegated powers are Protection Officer (5) requested for the issuance of  H ead of Waste

Regulation

dpiusbclhisahrgineg p oefr mnoittsi caensd a tnhde  A gricultural – consultation before considering Environmental Specialist

applications relating to Discharge  E nvironmental Permits (Article 10). Protection Assistant

• E nvironmental

• S pecial regard to the issuance Protection Support

of discharge permits will be given Officer

relating to high risk substances  H ead of Fisheries (Article 19(1)). and Marine Resources

• C onsideration of Discharge  S enior Fisheries Inspector

Permits (Article 21).  F isheries Officer –

• C onditions attached to Research and Discharge permits (Article  22). Development

• P rocedure for varying or revoking Discharge Permits (Article 23).

• P rocedure for suspension of Discharge Permits (Article  24).

• C onsideration of transfer of Discharge permits (Article  25).

• P rocedure for notification of

decisions relating to Discharge Permits (Article 27; with the exception of (1)(c)).

Delegated powers are requested for the purposes of enforcement (under Article  29), and –

• A ccess to documents relevant to Law (Article 34).

• R equirement to produce

Inspection Agricultural Inspectors (4)

Water Resources (Jersey)  A Law to provide for the  A ssistant Minister Law 2007 protection, management and  C hief Executive

regulation of water resources in Officer

Jersey; the promotion of the  D irector of conservation of the fauna and flora Environment

that are dependent on inland waters  A ssistant Director – and of the habitats of such fauna

habitats are themselves dependent EP rno vt ieHr coetniaomdn eonf tWalater

and flora to the extent that those

on inland waters; the conservation Resources

and enhancement of the natural

beauty and amenity of inland   H ydrogeologist waters; and for related purposes.

For the purposes of enforcement

• E nvironmental Protection Officer (5)

• E nvironmental Protection Support

Officer