States Assembly | States Minutes 15th March 2022

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THE STATES assembled on Tuesday 15th March 2022, at 9.30 a.m. under the Presidency of the Deputy Bailiff , Robert James MacRae , Esquire.

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All members were present at roll call with the exception of –

Senator Tracey Anne Vallois – ill

Senator Stephen William Pallett – excused attendance (joined at 9.35 a.m.) Connétable Philip Bond Le Sueur of Trinity – absent on States business

Deputy Jeremy Martin Maçon of St. Saviour – excused attendance

Deputy Charles Hugh Raymond of Trinity – en défaut (défaut raised at 10.27 a.m.) Deputy Jessica Harriet Perchard of St. Saviour – ill

Deputy Carina Soares Alves of St. Helier – ill

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Prayers

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Standing Order 55A – remote participation

THE STATES, with reference to their Act dated 14th September 2021, in which they had agreed that, notwithstanding Standing Order 55A(1), members who did not wish to attend in the States Chamber might continue to take part in States meetings using Microsoft Teams (until the States had considered and voted upon a proposition to re-apply Standing Order 55A(1) or to repeal or vary the terms of the Standing Order), assembled in accordance with Standing Order 55A with members able to participate remotely using Microsoft Teams.

Republic of Ghana – welcome to delegation

The Deputy Bailiff , on behalf of members, welcomed a delegation from the Republic of Ghana that was in Jersey to finalise a Bilateral Investment Treaty.

Notification of lodged propositions

Island Plan 2022-25: approval (P.36/2021) – forty-fifth amendment P.36/2021. (P.36/2021 Amd.(45)) – amendment. Amd.(45) Lodged: 15th March 2022, Minister for the Environment. Amd.

Island Plan 2022-25: Approval P.36/2021

THE STATES resumed consideration of a proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021), as amended, and, resuming consideration of an amendment of Senator Sarah Craig Ferguson (P.36/2021 Amd.(48)), rejected the amendment that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –

within Policy GD7 the words "Development of a tall building of over eight storeys within Town will only be supported in exceptional circumstances and where the overall benefit to the community will demonstrably outweigh any adverse impacts. Development of a tall building over eight storeys will not be supported outside of Town." should be deleted and replaced with the words "Development of a tall building of over five storeys within Town will only be supported in exceptional circumstances and where the overall benefit to the community will demonstrably outweigh any adverse impacts. Development of a tall building over five storeys will not be supported outside of Town."; and

the Draft bridging Island Plan 2021 be further amended in such respects as may be necessary consequent upon the adoption of (a).".

Members present voted as follows –

POUR: 13 CONTRE: 29 ABSTAIN: 0

Senator S.C. Ferguson Senator S.Y. Mézec Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Peter Connétable of St. Martin Deputy G.P. Southern (H) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy K.F. Morel (L) Deputy M.R. Le Hegarat (H) Deputy R.J. Ward (H) Deputy K.G. Pamplin (S)

Senator I.J. Gorst

Senator L.J. Farnham Senator J.A.N. Le Fondré Senator K.L. Moore

Senator S.W. Pallett Connétable of St. Helier Connétable of St. Lawrence Connétable of Grouville Connétable of St. Mary Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy of Grouville

Deputy K.C. Lewis (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of St. John

Deputy S.M. Ahier (H) Deputy I. Gardiner (H)

THE STATES resumed consideration of the proposition of the Minister for the Environment, as amended, and, adopting an amendment of Senator Ian Joseph Gorst (P.36/2021 Amd.(65)), agreed that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –

within Policy GD7, for the words "in exceptional circumstances" there should be substituted the words "in appropriate circumstances";
on page 91 of the draft Bridging Island Plan for the words "The development of high-rise buildings over eight storeys will not, therefore, be supported in St Helier" there should be substituted "The development of high-rise buildings over eight storeys in St Helier will, therefore, only be supported in appropriate circumstances."; and
the draft Island Plan 2022-25 should be further amended in such respects as may be necessary consequent to the adoption of (a).".

Members present voted as follows –

POUR: 24 CONTRE: 20 ABSTAIN: 0

Senator I.J. Gorst

Senator L.J. Farnham Senator J.A.N. Le Fondré Senator K.L. Moore

Senator S.W. Pallett Connétable of St. Helier Connétable of St. Saviour Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Mary Connétable of St. Ouen Deputy K.C. Lewis (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy L.M.C. Doublet (S) Deputy S.M. Wickenden (H) Deputy G.J. Truscott (B) Deputy L.B. Ash (C) Deputy of St. Peter

Deputy of Trinity

Deputy of St. John

Deputy S.M. Ahier (H)

Senator S.C. Ferguson Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville

Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy R. Labey (H) Deputy of St. Mary

Deputy J.H. Young (B) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy M.R. Le Hegarat (H) Deputy R.J. Ward (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

THE STATES, resuming consideration of the proposition of the Minister for the Environment, as amended, commenced consideration of an amendment of the Minister for the Environment (P.36/2021 Amd.(87)) and, adopting an amendment of the Connétable of St. Brelade (P.36/2021 Amd.(87)Amd.), agreed that, for the paragraph to be inserted in Policy GD9, there should be substituted the following paragraph –

"Within the shoreline zone of St. Brelade 's Bay –

the redevelopment of a building for residential use, involving demolition and replacement, where the proposal would be larger in terms of any of gross floorspace, building footprint or visual impact than the building being replaced;
the extension of a building for residential use; and
any proposal for development that is not accompanied by landscaping proposals sufficient to assist integration of the site with the green backdrop zone, green zone and Coastal National Park areas of the Bay from any public viewpoint from the beach or coastal headlands, will not be supported.".

Members present voted as follows –

POUR: 29 CONTRE: 13 ABSTAIN: 0

Senator I.J. Gorst Senator J.A.N. Le Fondré Senator L.J. Farnham Senator S.W. Pallett Senator S.C. Ferguson Connétable of St. Clement Senator K.L. Moore Deputy J.A. Martin (H)

STATES MINUTES

Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Brelade Connétable of Grouville Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Deputy G.P. Southern (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Ouen

Deputy of St. Mary

Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy K.F. Morel (L) Deputy of St. Peter

Deputy of St. John

Deputy M.R. Le Hegarat (H) Deputy R.J. Ward (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

15th March 2022

Deputy of Grouville

Deputy of St. Martin Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy G.J. Truscott (B) Deputy G.C.U. Guida (L) Deputy of Trinity

Deputy S.M. Ahier (H)

THE STATES, adopting the amendment of the Minister for the Environment, as amended, agreed that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –

on the proposals map, the green backdrop zone should be extended to include that part of the built-up area above Ouaisné, as shown in figure 1 of the report;
in Policy GD9 – Skyline, views and vistas, in the third paragraph after the words "provide views" there should be inserted the words "or public access";
in Policy GD9 the following paragraph should be inserted at the end of the policy – "Within the shoreline zone of St. Brelade 's Bay –

the redevelopment of a building for residential use, involving demolition and replacement, where the proposal would be larger in terms of any of gross floorspace, building footprint or visual impact than the building being replaced;
the extension of a building for residential use; and
any proposal for development that is not accompanied by landscaping proposals sufficient to assist integration of the site with the green backdrop zone, green zone and Coastal National Park areas of the Bay from any public viewpoint from the beach or coastal headlands, will not be supported.".

Members present voted as follows –

POUR: 33 CONTRE: 2 ABSTAIN: 0

Senator I.J. Gorst Senator S.W. Pallett Senator L.J. Farnham Deputy of St. Martin

Senator K.L. Moore

Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Brelade Connétable of Grouville Connétable of St. Peter Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy of Grouville

Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Ouen

Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter

Deputy of St. John

Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy R.J. Ward (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

THE STATES noted that, in accordance with the provisions of Standing Order 106, Senator Sarah Craig Ferguson and the Deputy of St. Martin declared an interest in the subject of the amendment of the Minister for the Environment (P.26/2021 Amd.(87)) to the proposition of the Minister for the Environment, in that they were both shareholders in the Biarritz Hotel.

Arrangement of public business for the present meeting

THE STATES noted that, in accordance with Standing Order 34(1), the Connétable of St. Brelade had informed the Greffier of the States that his amendment (P.36/2021 Amd.(58)) to the proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021) had been withdrawn.

The Deputy Bailiff informed the Assembly that, following the adoption of the amendment of Deputy Kirsten Francis Morel of St. Lawrence (P.36/2021 Amd.(39)) to the proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021), paragraph (d) of the amendment of the Minister for the Environment (P.36/2021 Amd.(89)) to the same proposition was deemed to have been withdrawn.

Island Plan 2022-25: Approval P.36/2021

THE STATES, resuming consideration of the proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021), as amended, commenced consideration of an amendment of the Minister for the Environment (P.36/2021 Amd.(89)) and, adopting an amendment of the Minister for the Environment (P.36/2021 Amd.(89)Amd.(2)), agreed that –

paragraph (a) should be replaced with the following –

"(a) within the preamble to Policy HE1– Protecting listed buildings and places, and their

settings,

(i) after paragraph 2 on page 124, there should be inserted a new section – "Inclusive design

Everyone should be able to enjoy easy and exclusive access to the historic environment. Listed buildings and places may need to be modified to meet existing access needs as well as the changing needs of occupants and users. Removing barriers to access can allow many more people to use and benefit from the historic environment. If sensitively designed this need not compromise the ability of future generations to enjoy heritage and access these environments. Understanding the significance of a building is a vital first step in thinking about how much it can be changed to ensure sensitive interventions. In most cases access can be improved without compromising the special interest of the historic buildings and it is rare when nothing can be done to improve or facilitate access. By undertaking a careful process of research, consultation and creative exploration of alternative, good quality solutions are usually possible. The provision of improved access can be an important part of a sustainable approach to caring for the historic environment without compromising the significance of special places.";

(i) substitute the last paragraph on page 125 with the following –

"In the case of demolition, in whole or in part, justification for this course of action might arise where a building is structurally unsound and is technically incapable of repair; or the demolition or partial demolition relates to a structure which detracts from the special interest of the listed building or place. In exceptional circumstances there may be overriding public policy objectives, related to the delivery of other Government priorities, such as the provision of strategic infrastructure, or compliance with specific policies of direct public benefit (for example, improving access for people with disability or sustainability), which would add weight to a proposal for partial or full demolition of a listed building or place.

The weight given to heritage values in decision-making should be proportionate to the significance of the building or place and the impact of the proposed change on that significance, together with an assessment of the public benefit to be derived from a demolition proposal. The nature of the predicted public benefit should be clearly described and justified, and should set out how, when and in what form the community will be expected to benefit directly from the proposed development, relative to its impact on the historic environment. To ensure the protection of the island's historic environment the wholesale loss of any listed building would require exceptional justification where it can be demonstrated that public benefit outweighs harm, and where the nature of that benefit to the public is clear, direct and evidenced."

(iii) substitute the third paragraph on page 126 with the following –

" In cases where there is any approved alteration to or loss of historic built fabric from, listed buildings or places, there will be a requirement for an appropriate level of recording and analysis to be undertaken and subsequently publication including to the island's Historic Environment Record. This may also include requirements, especially in the case of works affecting places of archaeological interest, relating to the treatment and care of archival material. In exceptional circumstances, where it is proportionate, reasonable and appropriate to do so, a form of mitigation could involve managed disassembly and reconstruction of a heritage asset on an alternative site. Any such requirements will be secured through planning condition or obligation attached to any such permission.";

paragraph (b) should be replaced with the following – "in Policy HE1 –

the fourth paragraph should be replaced with the following – "Proposals that do not protect a listed building or place or its setting will not be supported unless and with regard to the comparative significance of the listed building or place, or its setting, and the impact of proposed development on that significance";
at the end of c., after the words "reasonably practicable" replace the word "or" with the word "and";
at the end of d., after the words "in its setting" add "and where the nature of that benefit to the public is clear, direct and evidenced."; and

a new paragraph (f) should be added, as follows –

"(f) the draft bridging Island Plan 2022-25 be further amended in such respects as may be

necessary consequent upon the adoption of (b)(ii) and (iii), specifically Policy HE3 – Protection or improvement of conservation areas; Policy HE5 – Conservation of archaeological heritage; Policy NE1 – Protection and improvement of biodiversity and geodiversity; and Policy NE3 – Landscape and seascape character, and their associated preambles.".

THE STATES, resuming consideration of the amendment of the Minister for the Environment, as amended, rejected an amendment of the Deputy of St. Peter (P.36/2021 Amd.(89)Amd.) that, in paragraph (c), in sub-paragraph (b) of the substituted paragraph in Policy HE2, the words "where the existing frame is beyond repair" should be deleted.

Members present voted as follows –

POUR: 16 CONTRE: 23 ABSTAIN: 2

Senator I.J. Gorst Senator L.J. Farnham Connétable of St. Ouen Senator S.C. Ferguson Senator K.L. Moore Deputy I. Gardiner (H) Connétable of Grouville Senator S.Y. Mézec

Connétable of St. Peter Connétable of St. Helier

Deputy J.A. Martin (H) Connétable of St. Lawrence

Deputy K.C. Lewis (S) Connétable of St. Saviour

Deputy M.R. Higgins (H) Connétable of St. Brelade

Deputy S.J. Pinel (C) Connétable of St. Martin

Deputy of St. Martin Connétable of St. John

Deputy of St. Ouen Connétable of St. Clement

Deputy L.M.C. Doublet (S) Deputy G.P. Southern (H)

Deputy S.M. Wickenden (H) Deputy of Grouville

Deputy of St. Mary Deputy M. Tadier (B)

Deputy L.B. Ash (C) Deputy R. Labey (H)

Deputy of St. Peter Deputy G.J. Truscott (B)

Deputy of Trinity Deputy J.H. Young (B)

Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. John

Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy R.J. Ward (H) Deputy K.G. Pamplin (S)

THE STATES noted that, in accordance with the provisions of Standing Order 106, the Deputy of St. Peter declared an interest in the subject of his amendment (P.26/2021 Amd.(89)Amd.) to the amendment of the Minister for the Environment (P.36/2021 Amd.(89)) to the proposition of the Minister for the Environment, in that he was the owner of a heritage property and that the property had sash windows.

THE STATES, adopting the amendment of the Minister for the Environment, as amended, agreed that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –

"(a) within the preamble to Policy HE1– Protecting listed buildings and places, and their settings,

after paragraph 2 on page 124, there should be inserted a new section –

"Inclusive design

substitute the last paragraph on page 125 with the following –

substitute the third paragraph on page 126 with the following –

"(b) in Policy HE1 –

the fourth paragraph should be replaced with the following – "Proposals that do not protect a listed building or place or its setting will not be supported unless and with regard to the comparative significance of the listed building or place, or its setting, and the impact of proposed development on that significance";
at the end of c., after the words "reasonably practicable" replace the word "or" with the word "and";
at the end of d., after the words "in its setting" add "and where the nature of that benefit to the public is clear, direct and evidenced."

in Policy HE2 –

for the first paragraph there should be substituted – "Historic windows and doors in listed buildings or buildings in a conservation area which are of significance or special interest, or which contribute to the character of the conservation area should be repaired using materials and detailing to match the existing. Proposals for the replacement of modern glazing in historic windows with double glazing will be supported where it can be accommodated:

within the existing window or door joinery frames; or
within a like for like frame where the existing frame is beyond repair.";

in the third paragraph the words "or the character of a building in a conservation area" should be deleted.
a new fourth paragraph should be inserted in as follows – "Where proposals for the replacement of windows and doors in conservation areas will affect the character and appearance of the conservation area, they will only be supported where they protect or improve that character or appearance."
in the first sentence of the existing paragraph four the word "more" should be deleted from before "modern windows", the words "or buildings in a conservation area" should be removed, and the word "and" should replace "or" at the end of the second line;

a second sentence should be inserted at the end of the existing fifth paragraph as follows – "The use of double-glazing in replacement windows and glazing in doors will, therefore, be supported where replacements replicate the historic window and doors as far as practicable helping to meet Jersey's commitment to energy efficiency."

within the preamble to Policy HE3 – Protection or improvement of conservation areas, a new sentence should be inserted at the end of the last paragraph on page 133 – "This does not preclude high quality modern design of buildings or spaces within the area, rather it seeks a contextual response to fit the place."
the draft bridging Island Plan 2022-25 be further amended in such respects as may be necessary consequent upon the adoption of (b)(ii) and (iii), specifically Policy HE3 – Protection or improvement of conservation areas; Policy HE5 – Conservation of archaeological heritage; Policy NE1 – Protection and improvement of biodiversity and geodiversity; and Policy NE3 – Landscape and seascape character, and their associated preambles.

Members present voted as follows –

POUR: 38 CONTRE: 1 ABSTAIN: 0 Senator I.J. Gorst Deputy of St. Peter

Senator L.J. Farnham

Senator S.C. Ferguson

Senator J.A.N. Le Fondré

Senator K.L. Moore

Senator S.W. Pallett

Senator S.Y. Mézec

Connétable of St. Helier

Connétable of St. Lawrence

Connétable of St. Saviour

Connétable of St. Brelade

Connétable of Grouville

Connétable of St. Ouen

Connétable of St. Martin

Connétable of St. John

Connétable of St. Clement

Deputy J.A. Martin (H)

Deputy of Grouville

Deputy K.C. Lewis (S)

Deputy M. Tadier (B)

Deputy S.J. Pinel (C)

Deputy of St. Martin

Deputy L.M.C. Doublet (S)

Deputy R. Labey (H)

Deputy S.M. Wickenden (H)

Deputy of St. Mary

Deputy G.J. Truscott (B)

Deputy J.H. Young (B)

Deputy L.B. Ash (C)

Deputy K.F. Morel (L)

Deputy G.C.U. Guida (L)

Deputy of Trinity

Deputy of St. John

Deputy M.R. Le Hegarat (H)

Deputy S.M. Ahier (H)

Deputy R.J. Ward (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

THE STATES noted that, as paragraph (d) of the amendment of the Minister for the Environment (P.36/2021 Amd.(89)) to the proposition of the Minister for the Environment had been deemed to have been withdrawn, the remaining paragraphs of the proposition, as amended, had been re-designated accordingly.

Arrangement of public business for the present meeting

THE STATES noted that, in accordance with Standing Order 34(1), Deputy Russell Labey of St. Helier had informed the Greffier of the States that his amendment (P.36/2021 Amd.(74)) to the proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021) had been withdrawn.

THE STATES, adopting a proposition of the Minister for the Environment, agreed, in accordance with Article 4A(4) of the Planning and Building (Jersey) Law 2002, that the amendment of the Minister for the Environment (P.36/2021 Amd.(45)Amd.) to an amendment of the Connétable of St. Brelade (P.36/2021 Amd.(45)) to the proposition of the Minister for the Environment entitled Island Plan 2022- 25: Approval' (P.36/2021), that had been lodged that day, would be considered at the present meeting.

THE STATES noted that, in accordance with Standing Order 34(1), the Deputy of St. Peter had informed the Greffier of the States that his amendment (P.36/2021 Amd.(14)) to the proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021) had been withdrawn.

Island Plan 2022-25: Approval P.36/2021

THE STATES resumed consideration of the proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021), as amended, and, commencing consideration of an amendment of the Connétable of St. Brelade (P.36/2021 Amd.(45)), commenced consideration of an amendment of the Minister for the Environment (P.36/2021 Amd.(45)Amd.).

Adjournment

THE STATES adjourned, having agreed to reconvene on Wednesday 16th March 2022 to continue consideration of the proposition of the Minister for the Environment entitled Island Plan 2022-25: Approval' (P.36/2021), as amended, and the other outstanding amendments to the proposition listed for the meeting.

THE STATES rose at 5.22 p.m.

DR. M. EGAN Greffier of the States