Common Strategic Policy 2024-2026 (P.21/2024): amendment

STATES OF JERSEY

COMMON STRATEGIC POLICY 2024 -

2026 (P.21/2024): AMENDMENT

Lodged au Greffe on 7th May 2024

by the Environment, Housing and Infrastructure Scrutiny Panel Earliest date for debate: 21st May 2024

STATES GREFFE

2024  P.21 Amd.

COMMON STRATEGIC POLICY 2024 - 2026 (P.21/2024): AMENDMENT

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1  PAGE 2 –

After the words “report accompanying this Proposition” insert the words –

“, except that, in the table on page 3 of the report, for the words “Reform the Planning Service to get Jersey building” there should be substituted “Reform the Planning Service to enable sustainable development in Jersey.””.

2  PAGE 2 –

After the words “report accompanying this Proposition” insert the words –

“, except that, on page 3 of the report, at the end of the table there should be added the following new priority –

3  PAGE 2 –

After the words “report accompanying this Proposition” insert the words –

“, except that, on Page 11 of the report, for the section entitled “Reform the planning  service  to  get  Jersey  building”  there  should  be  substituted  the following –

“Reform the Planning Service to enable sustainable development in Jersey

A more efficient, effective, and better value planning system is of fundamental importance to meet the community’s development needs and to deliver the Government’s priorities.

We will reform our planning service to enable sustainable development in Jersey and the frictionless use of our existing Laws and policies contained within the Bridging Island Plan.

When developing consideration must be given to sustainable growth, building quality, and the need to maintain and protect the natural environment. Without this balance there is a risk to the priority which will be placed on the obligations of Government to maintain and protect the natural environment and, potentially, have an impact on longer term commitments to ensuring growth and construction are sustainable.”.

4  PAGE 2 –

After the words “report accompanying this Proposition” insert the words –

“, except that, on page 11 of the report, after the existing text there should be inserted the following wording –

“Meet the Island’s commitments to address the climate emergency through the Carbon Neutral Roadmap

We are currently facing a climate emergency and the States Assembly has committed to responding to the emergency “with energy and pace”, with the aim of being carbon neutral by 2035. In order to fulfil this commitment, we recognise that delivering the actions in the Carbon Neutral Roadmap must remain a priority for Government.””.

ENVIRONMENT,  HOUSING  AND  INFRASTRUCTURE  SCRUTINY PANEL

Note:  After this amendment, the proposition would read as follows –

THE STATES are asked to decide whether they are of opinion −

in accordance with Article 18(2)(e) of the States of Jersey Law 2005, to approve the statement of the Common Strategic Policy of the Council of Ministers as set out in the report accompanying this Proposition, except that –

1. in the table on page 3 of the report, for the words “Reform the Planning Service to get Jersey building” there should be substituted “Reform the Planning Service to enable sustainable development in Jersey”.
2. on page 3 of the report, at the end of the table there should be added the following new priority –

3. on Page 11 of the report, for the section entitled “Reform the planning service to get Jersey building” there should be substituted the following –

“Reform the Planning Service to enable sustainable development in Jersey

A  more  efficient,  effective,  and  better  value  planning  system  is  of fundamental importance to meet the community’s development needs and to deliver the Government’s priorities.

We will reform our planning service to enable sustainable development in Jersey and the frictionless use of our existing Laws and policies contained within the Bridging Island Plan.  

When  developing  consideration  must  be  given  to  sustainable  growth, building  quality,  and  the  need  to  maintain  and  protect  the  natural environment. Without this balance there is a risk to the priority which will be placed on the obligations of Government to maintain and protect the natural environment and, potentially, have an impact on longer term commitments to ensuring growth and construction are sustainable.”

4. on page 11 of the report, after the existing text there should be inserted the following wording –

“Meet  the  Island’s  commitments  to  address  the  climate  emergency through the Carbon Neutral Roadmap

We are currently facing a climate emergency and the States Assembly has committed to responding to the emergency “with energy and pace”, with the aim of being carbon neutral by 2035. In order to fulfil this commitment, we recognise that delivering the actions in the Carbon Neutral Roadmap must remain a priority for Government.”

REPORT

The Environment, Housing and Infrastructure Panel has set out its findings and concerns in relation to the Common Strategic Policy in a separate Comments paper.

There are two parts to this amendment. At the heart of both is the need, in the Panel’s view, to ensure that the right level of prominence is provided to longer term targets and commitments.

The first part of the amendment seeks to amend the current priority “Reform the planning service to get Jersey building” in order to reflect the intention of the planning services to enable sustainable development of Jersey resources. The amendment would align the priority with the intent of the Planning and Building (Jersey) Law 2002 “to provide the means to establish a plan for the sustainable development of land”. It is the Panel’s view that reform of the planning service should aspire to enable the frictionless use of our existing laws and the policies contained within the Bridging Island Plan.

The Panel feels that the priorities chosen by the Government do not currently reflect the function of the Planning system, provide any balance between the natural and built environment and chooses solely to focus on the latter. In bringing the first part of this amendment, the Panel hopes to bring some balance to that statement to ensure that it is not seen as an open invitation to develop without consideration of:

• Sustainable growth

• Building quality

• The need to maintain and protect the natural environment.

Without this balance, the Panel believes there is a risk to the priority which will be placed  on  the  obligations  of  Government  to  maintain  and  protect  the  natural environment and potentially have an impact on longer term commitments to ensuring that growth and construction are sustainable.

The Panel understands and supports the need for planning reform to ensure that the relevant Government teams are able to deliver their services effectively and efficiently without unnecessary delays. This should be done to assist applicants and to ensure that the correct resources are in place to ensure that staff are able to do their job.

As such, the Panel is not seeking a significant change of approach or a new priority but rather  an  acknowledgement  that  the  role  of  planning  is  to  make  development sustainable,  in  accordance  with  our  responsibilities  as  stewards  of  the  natural environment and our natural resources.

The second part of the amendment seeks to re-establish in the priorities the importance to the Island’s future of the implementation of the Carbon Neutral Roadmap.

As currently drafted, the Carbon Neutral Roadmap becomes a ‘business as usual activity’.

This is not all we will deliver during our term of office. We know Islanders want a period of stability, and for us to provide the steady, consistent administration required to deliver the essential public services we all require. Alongside these priorities, business as usual activities will continue across the public sector,

including continuing to meeting our commitments to address climate change through the Carbon Neutral Roadmap.1

The Panel feels that this classification of the Carbon Neutral Roadmap does not provide the focus that will be needed to ensure that this vital area remains in the forefront of Ministers’ minds and central to policy development. Without this prominence the Panel is concerned that policy and work, which is vital to addressing the climate emergency, will not receive the attention and resourcing it will need as part of the Government Plan process.

Conclusion

The Panel would urge the Council of Ministers and the States Assembly to accept these amendments and provide Islanders with the assurance that the approach being taken by this Government does not just speak to the next two years but also recognises longer term commitments and goals which are vital to the Island’s future.

Financial and staffing implications

As  a  principal  agreement  it  is  not  possible  to  identify  financial  and  manpower implications at this stage as this would be dependent on the Government’s approach to implementation.

Children’s Rights Impact Assessment

The Children’s Right’s Impact Assessment screening has identified that the amendment does  impact  on  children  and  their  rights,  however,  Article  7(4)  of  the  Children (Convention Rights) (Jersey) Law 2022 states that:

In the case of a decision falling under Article 6(2) that relates to the formulation of an amendment to a proposition, an Article 6 duty-bearer is not required to complete a full assessment even if the preliminary assessment determines that the decision is likely to have  a  direct  or  indirect  impact  on  children,  but  an  Article 6  duty-bearer  may, nevertheless, complete a full assessment should that duty-bearer wish to do so.

As such, a full impact assessment has not been undertaken by the Panel.

1 P.21-2024 Common Strategic Policy.pdf (gov.je)