States Assembly | States Minutes 21st March 2022

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THE STATES assembled on Monday 21st March 2022, at 9.30 a.m. under the Presidency of the Deputy Bailiff , Robert James MacRae , Esquire.

__________________

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

Senator Sarah Craig Ferguson – excused attendance (joined at 10.39 a.m.)

Senator John Alexander Nicholas Le Fondré – absent on States business

Senator Tracey Anne Vallois – ill

Deputy Geoffrey Peter Southern of St. Helier – en défaut (défaut raised at 9.37 a.m.) Deputy Jeremy Martin Maçon of St. Saviour – excused attendance

Deputy Louise Mary Catherine Doublet of St. Saviour – ill

Deputy Graham John Truscott of St. Brelade – excused attendance (joined at 11.54 a.m.) Deputy Carina Soares Alves of St. Helier – ill

__________________

Prayers read by the Deputy Greffier of the States __________________

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.

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 rejected an amendment of Senator Stephen William Pallett (P.36/2021 Amd.(18)) that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –

the following should be inserted within the list of sites to be zoned for affordable homes in Policy H5 – Provision of affordable homes –

"6. Field L127 St. Lawrence (1.25 hectares/6.95 vergées) " with the remaining items on the list re-numbered accordingly;

the draft Island Plan 2022-25 should be further amended in such respects as may be necessary consequent upon the adoption of paragraph (a); and
the Draft Bridging Island Plan Proposals Map Part A – Planning Zones should be amended to reflect the adoption of paragraph (a)."

Members present voted as follows –

POUR: 2 CONTRE: 40 ABSTAIN: 0

Senator S.W. Pallett Deputy of St. Martin

Senator I.J. Gorst

Senator L.J. Farnham 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 Trinity Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen 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 K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Ouen

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

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 Trinity

Deputy of St. John

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

THE STATES resumed consideration of a proposition of the Minister for the Environment, as amended, and rejected an amendment of the Connétable of St. Mary (P.36/2021 Amd.(50)) that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –

the following should be inserted within the list of sites to be zoned for affordable homes in Policy H5 – Provision of affordable homes –

"8. Field MY493 St. Mary (1.03 hectares/5.7 vergées)" with the remaining items re-numbered accordingly ;

the draft Island Plan 2022-25 be further amended in such respects as may be necessary consequent upon the adoption of (a); and
the Draft Bridging Island Plan Proposals Map Part A – Planning Zones be amended to reflect the adoption of (a)."

Members present voted as follows –

POUR: 8 CONTRE: 34 ABSTAIN: 0

Connétable of St. Saviour Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Deputy M.R. Higgins (H) Deputy R. Labey (H) Deputy S.M. Wickenden (H) Deputy L.B. Ash (C)

Senator I.J. Gorst

Senator L.J. Farnham Senator S.C. Ferguson Senator K.L. Moore

Senator S.W. Pallett

Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Brelade Connétable of Grouville Connétable of Trinity 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 of St. Ouen

Deputy of St. Mary

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

Deputy of Trinity

Deputy of St. John

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

THE STATES resumed consideration of a proposition of the Minister for the Environment, as amended, and rejected paragraph (a) of an amendment of Deputy Scott Michael Wickenden of St. Helier (P.36/2021 Amd.(67)) that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –

the following should be inserted within the list of sites to be zoned for affordable homes at Policy H5 – Provision of affordable homes –

"2. Fields G508, G508A Grouville (1.50 hectares/8.34 vergées)";

Members present voted as follows –

POUR: 15 CONTRE: 28 ABSTAIN: 0

Senator I.J. Gorst Senator L.J. Farnham Senator K.L. Moore Senator S.W. Pallett Connétable of St. Mary Senator S.Y. Mézec

Connétable of St. Ouen Connétable of St. John Deputy J.A. Martin (H) Deputy M.R. Higgins (H) Deputy R. Labey (H) 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 K.G. Pamplin (S)

Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Peter Connétable of St. Martin Connétable of St. Clement Deputy G.P. Southern (H) Deputy of Grouville

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

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 S.M. Ahier (H) Deputy J.H. Perchard (S) Deputy R.J. Ward (H) Deputy I. Gardiner (H)

THE STATES rejected paragraph (b) of the amendment of Deputy Scott Michael Wickenden of St. Helier that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –

the following should be inserted within the list of sites to be zoned for affordable homes at Policy H5 – Provision of affordable homes –

"3. Fields G526, G526A and 521A Grouville (1.42 hectares/7.87 vergées)"; Members present voted as follows –

POUR: 4 CONTRE: 39 ABSTAIN: 0

Connétable of St. Mary Deputy M.R. Higgins (H) Deputy of St. Ouen

Deputy S.M. Wickenden (H)

Senator I.J. Gorst

Senator L.J. Farnham 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 Trinity Connétable of St. Peter Connétable of St. Ouen 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 K.C. Lewis (S) Deputy M. Tadier (B) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy R. Labey (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 St. Peter

Deputy of Trinity

Deputy of St. John

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

THE STATES noted that, following the rejection of paragraphs (a) and (b) of the amendment of Deputy Scott Michael Wickenden of St. Helier , paragraphs (c) and (d) of the same amendment were deemed to have been withdrawn.

THE STATES resumed consideration of a proposition of the Minister for the Environment, as amended, and, adopting an amendment of Senator Stephen William Pallett (P.36/2021 Amd.(68)), agreed that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –

the following should be inserted within the list of sites to be zoned for affordable homes at Policy H5 – Provision of affordable homes –

"2. Field T1404 Trinity (0.5hectares/2.7 vergées)";

the draft Island Plan 2022-25 should be further amended in such respects as may be necessary consequent upon the adoption of paragraph (a); and (c) the Draft Bridging Island Plan Proposals Map Part A – Planning Zones should be amended to reflect the adoption of paragraph (a).".

Members present voted as follows –

POUR: 33 CONTRE: 10 ABSTAIN: 0

Senator I.J. Gorst

Senator L.J. Farnham Senator K.L. Moore Senator S.W. Pallett Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Peter Connétable of St. Mary

Senator S.Y. Mézec Connétable of St. Helier Deputy G.P. Southern (H) Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy of St. Mary Deputy K.F. Morel (L) Deputy J.H. Perchard (S) Deputy R.J. Ward (H) Deputy I. Gardiner (H)

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 M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

Deputy R. Labey (H) Deputy S.M. Wickenden (H) 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 Trinity

Deputy of St. John

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

THE STATES resumed consideration of a proposition of the Minister for the Environment, as amended, and, adopting an amendment of the Connétable of St. Peter (P.36/2021 Amd.(69)), agreed that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –

the following should be inserted within the list of sites to be zoned for affordable homes at Policy H5 – Provision of affordable homes –

"2. Fields P655 and P656 St. Peter (0.98 hectares/5.45 vergées)";

the draft Island Plan 2022-25 should be further amended in such respects as may be necessary consequent upon the adoption of paragraph (a); and (c) the Draft Bridging Island Plan Proposals Map Part A – Planning Zones should be amended to reflect the adoption of paragraph (a).".

Members present voted as follows –

POUR: 34 CONTRE: 10 ABSTAIN: 0

Senator I.J. Gorst

Senator L.J. Farnham Senator K.L. Moore Senator S.W. Pallett Connétable of St. Saviour Connétable of St. Brelade Connétable of Trinity Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy of Grouville

Senator S.C. Ferguson Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Lawrence Connétable of Grouville Deputy G.P. Southern (H) Deputy M. Tadier (B) Deputy M.R. Le Hegarat (H) Deputy J.H. Perchard (S) Deputy R.J. Ward (H)

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

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 St. Peter

Deputy of Trinity

Deputy of St. John

Deputy S.M. Ahier (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)

THE STATES resumed consideration of a proposition of the Minister for the Environment, as amended, and, rejected an amendment of the Deputy of St. Peter (P.36/2021 Amd.(80)) that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –

the following should be inserted within the list of sites to be zoned for affordable homes at Policy H5 – Provision of affordable homes –

"3. Field P818, St. Peter (0.42 hectares/ 2.3 vergées)";

the draft Island Plan 2022-25 should be further amended in such respects as may be necessary consequent upon the adoption of paragraph (a); and
the Draft Bridging Island Plan Proposals Map Part A – Planning Zones should be amended to reflect the adoption of paragraph (a).".

Members present voted as follows –

POUR: 15 CONTRE: 24 ABSTAIN: 0

Senator I.J. Gorst Senator L.J. Farnham Connétable of St. Brelade Connétable of Grouville Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Deputy of Grouville Deputy K.C. Lewis (S) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Ouen Deputy R. Labey (H) Deputy L.B. Ash (C) Deputy I. Gardiner (H)

Senator K.L. Moore Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Saviour Connétable of Trinity Connétable of St. Martin Connétable of St. John Connétable of St. Clement Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy M. Tadier (B) Deputy of St. Martin Deputy of St. Mary

Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy K.F. Morel (L)

Deputy G.C.U. Guida (L) Deputy of St. Peter

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

THE STATES noted that the Deputy of St. Peter did not propose the first part of paragraph (a) of his amendment (P.36/2021 Amd.(69)) to the proposition of the Minister for the Environment, relating to the inclusion of Villa d'Aube, St. Peter , within the list of sites to be zoned for affordable homes.

Arrangement of public business for the present meeting

THE STATES, adopting a proposition of the Minister for the Environment, agreed that the amendment of Senator Samuel Yves Mézec (P.36/2021 Amd.(25)) to the proposition of the Minister entitled Island Plan 2022-25: Approval' (P.36/2021) would be considered prior to the amendment of Senator Samuel Yves Mézec (P.36/2021 Amd.(41)) to the same proposition.

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

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

in paragraph (a), the proposed Policy HX – Future Affordable Housing Provision should be replaced with the following new Policy –

"Policy HX – making more homes affordable

Development proposals involving the creation of 50 or more new dwellings will only be supported where at least 15% of the development is made available for sale or occupation by islanders eligible for assisted purchase housing.

Access and eligibility criteria for such homes will be established and maintained by the Minister for Housing and Communities.

Schemes that are just below the threshold level must demonstrate that the proposals do not represent an under-occupation of the site, having regard to development density levels considered appropriate for the area, or, that a large site is not being brought forward in phases in order to avoid meeting this policy requirement. In any such proven cases, development proposals may be refused, or planning obligation agreements used to ensure that a phased development will make a proportionate contribution.

The proportion of assisted purchase homes shall be provided on the site for which permission is sought, unless one or more of the following circumstances apply:

that the provision of the housing product(s) specified by the Minister for Housing and Communities on the site would make that development unviable, and in such cases, the applicant has demonstrated that an appropriate alternative form of discount or financial assistance will be provided as far as possible;
that the site is of such a size or nature that the contribution to assisted purchase housing would be maximised in the form of a commuted payment, to support the delivery and/or procurement of assisted purchase housing products elsewhere. A commuted payment will not be accepted where it is intended to cross-subsidise homes already subject to an affordable, first-time buyer or other assisted purchase requirement, but may be used to increase the supply of assisted purchase homes on another open market site;

where assisted purchase housing is best provided through the mechanism of a site-swap using sites within the ownership and control of the applicant, which will be secured using a planning obligation agreement.

This policy will be in effect from January 2023, following the development and publication appropriate assisted purchase products and eligibility criteria, as relevant to the application of this policy.

The Minister for the Environment, in consultation with the Minister for Housing and Communities, will periodically review the parameters which apply to the operation of this policy and, should a need for change be identified, will issue further supplementary planning guidance to revise one or more of the following:

• the threshold size of developments to which the policy will apply;

• the proportion of homes to which the policy applies;

• the type and value of first-time housing products which might be applicable;

• the means by which the contribution can be made, including the level of commuted sum tariff;

• the housing gateway band(s) from which the homes are to be allocated."; and

in paragraph (b), the words ", 1st January 2023" should be replaced with –

"January 2023.

The Minister will also further assess the viability of decreasing the threshold to which this policy applies and/or increasing the proportion of contribution that is to be made. Such work will be undertaken in consultation with key stakeholders, with a view to increase the policy requirement in the subsequent Island Plan (2026-2035). The overall impact on housing supply and viability will be assessed having regard to the need for restrictions to be put in place to ensure that contributions to the proposed Sustainable Communities Fund are viable, proportionate and appropriate in light of the provision of affordable and other types of first-time buyer and assisted purchase homes."

THE STATES, adopting the amendment of Senator Samuel Yves Mézec , as amended, agreed that, after the words "the draft Island Plan 2022-25", there should be inserted the words "except that –

before Proposal 22 – Future affordable housing provision' there should be inserted the following new Policy –

"Policy HX – making more homes affordable

Access and eligibility criteria for such homes will be established and maintained by the Minister for Housing and Communities.

The proportion of assisted purchase homes shall be provided on the site for which permission is sought, unless one or more of the following circumstances apply:

that the provision of the housing product(s) specified by the Minister for Housing and Communities on the site would make that development unviable, and in such cases, the applicant has demonstrated that an appropriate alternative form of discount or financial assistance will be provided as far as possible;
that the site is of such a size or nature that the contribution to assisted purchase housing would be maximised in the form of a commuted payment, to support the delivery and/or procurement of assisted purchase housing products elsewhere. A commuted payment will not be accepted where it is intended to cross-subsidise homes already subject to an affordable, first-time buyer or other assisted purchase requirement, but may be used to increase the supply of assisted purchase homes on another open market site;
where assisted purchase housing is best provided through the mechanism of a site-swap using sites within the ownership and control of the applicant, which will be secured using a planning obligation agreement.

• the threshold size of developments to which the policy will apply;

• the proportion of homes to which the policy applies;

• the type and value of first-time housing products which might be applicable;

• the means by which the contribution can be made, including the level of commuted sum tariff;

• the housing gateway band(s) from which the homes are to be allocated."; and

Proposal 22 – Future affordable housing provision' should be deleted and replaced with the following Proposal –

"Proposal – Affordable housing

The Minister for the Environment will develop and issue supplementary planning guidance for the operation of this policy in order that it might take effect from, 1st January 2023.

the draft Island Plan 2022-25 should be further amended in such respects as may be necessary consequent upon the adoption of paragraph (a) and (b)."

Members present voted as follows –

POUR: 41 CONTRE: 0 ABSTAIN: 0

Senator I.J. Gorst

Senator L.J. Farnham Senator S.C. Ferguson Senator K.L. Moore

Senator S.W. Pallett

Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Saviour Connétable of St. Brelade Connétable of Grouville Connétable of St. Mary Connétable of St. Ouen 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 K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen

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 St. Peter

Deputy of Trinity

Deputy of St. John

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

THE STATES resumed consideration of a proposition of the Minister for the Environment, as amended, and, commencing consideration of an amendment of Senator Samuel Yves Mézec (P.36/2021 Amd.(41)), commenced consideration of an amendment of the Minister for the Environment (P.36/2021 Amd.(41)Amd.).

Adjournment

THE STATES adjourned, having agreed to reconvene on Tuesday 22nd 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 remaining amendments listed for the meeting.

THE STATES rose at 5.33 p.m.

L.-M. HART Deputy Greffier of the States