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WQ.274/2023
WRITTEN QUESTION TO THE MINISTER FOR THE ENVIRONMENT BY DEPUTY M.R. SCOTT OF ST. BRELADE
QUESTION SUBMITTED ON MONDAY 5th JUNE 2023 ANSWER TO BE TABLED ON MONDAY 12th JUNE 2023
Question
“Will the Minister explain –
- the process whereby building design codes may be published by the Minister to improve the sense of place of any area; and
- whether any planning policies or mechanisms in the Island’s planning law currently support the development of neighbourhood plans as that concept is understood in UK planning law?”
Answer
- Design guides and codes can be prepared at an area-wide, neighbourhood or site-specific scale, and can be published by the Minister as supplementary planning guidance under the auspices of Article 6 of the Planning and Building (Jersey) Law.
Developers may also choose to prepare design codes in support of a planning application for an area or site(s) they wish to develop.
- Under the auspices of section 38 of the UK’s Planning and Compulsory Purchase Act 2004, neighbourhood plans that have been approved at referendum are also part of the development plan, unless the local planning authority decides that the neighbourhood plan should not be made.
Under Jersey’s planning law, it is only the Island Plan that has the equivalent status of a development plan, and there are no other legal or policy provisions to supplement it with other forms of plan or strategy.
Whilst varied legal provision enables the creation of forms of neighbourhood plans in England, Scotland and Wales, there is no such direct legal equivalent in the planning legislation of Crown dependencies.
Guernsey’s Island Development Plan (IDP) allows for the creation of Community Plans, where they comply with all relevant policies of the IDP, to be approved as supplementary planning guidance (but not as part of the development plan).