Letter - Minister for Environment to EHI - Bridging Island Plan - 28 June 2024

RAG status

BIP Proposal

Current status

Programming

Strategic Proposal 1 - Development of a long-term

Each Island Plan responds to an agreed planning assumption. A long-term planning assumption is used to inform (usually) ten-year requirements for homes, economic development and infrastructure along with other community needs, such as accommodating an ageing population and meeting education and health care requirements.

A planning assumption will need to be developed and adopted to inform the next island plan review.

Some work has already been undertaken to model potential housing requirements relative to different population scenarios which will contribute to the development of a long-term planning assumption (see: Household & housing needs projections 2023-2040 (gov.je)).

In progress/ Island plan review preparation

planning assumption

Strategic Proposal 2 - Understanding the long-term

This proposal sets out the need to better address clear objectives and requirements for the island's energy market, having regard to already established policy objectives around reducing carbon emissions and delivering greater resilience of supply.

Work is underway to further develop energy policy, addressing matters such as markets and pricing; and to continue to explore the potential for the development of offshore wind in Jersey waters.

In progress

Strategic Proposal 3 – Creating a marine spatial plan for

Work has been undertaken to develop and publish a draft marine spatial plan (see: Jersey Marine Spatial Plan (MSP) (gov.je)). Comments received during the public consultation are being used to shape the second draft of the plan and a consultation response document will be published in the coming months. It is proposed to lodge a revised Marine Spatial Plan in the States Assembly after the summer of 2024, for consideration and approval.

In progress

RAG status

BIP Proposal

Current status

Programming

Strategic Proposal 4 – A west of island planning framework and

Work has yet to commence on the development of a planning framework for the west of the island.

Island plan review preparation

area masterplans

Strategic Proposal 5 – An infrastructure roadmap for

The proposal to develop an infrastructure roadmap for Jersey was designed to inform short and long-term strategic policymaking and help to understand the costs and consequences for the environment, economy and wider society of key future infrastructure choices.

There are many aspects to this work, which may have planning implications, and whilst the development of an all-embracing comprehensive roadmap has not been embarked upon, work has been undertaken, or is proposed to be undertaken, to address matters related to critical elements of infrastructure including liquid waste (see: Bridging Liquid Waste Strategy 2023-26 (gov.je)) ; solid waste; energy; and water (see Proposal 38).

This work may need to be supplemented by further work related to other aspects of critical infrastructure, such as the supply of minerals, in advance of the next island plan review.

In progress/ Island plan review preparation

Proposal 6 – National park legislation

The States Assembly resolved to explore whether the establishment and operation of a national park in Jersey requires a statutory basis.

Work is underway, involving the Jersey National Park and the Minister for Sustainable Economic Development, in response to this proposal.

In progress

Proposal 7 – Sustainable Communities Fund

It was proposed to establish a fund to capture a small proportion of the private value uplift arising from the development process and invest it back into the community.

The additional resources required to undertake the necessary work to explore the viability of a planning charge or levy that is able to capture the land value uplift created when planning permission is granted have not been secured, as a consequence of which, this work remains to be progressed.

Not progressed

Proposal 8 – Guidance for community participation

Policy GD2 – Community participation in large-scale development proposals introduced a requirement for community engagement in the design stages of development. To support this policy, and to provide applicants about the form of engagement that might be appropriate, it is proposed that guidance is developed and published. This has yet to be progressed.

Notwithstanding the absence of guidance, development proposals for ten or more homes or 400sqm floorspace and over are required to provide community

To be programmed

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BIP Proposal

Current status

Programming

participation statements, and this is being delivered through the planning applications process.

Proposal 9 – Supplementary planning guidance – planning

This proposal simply seeks to update existing guidance relative to the requirements of the new plan. This work remains to be undertaken but is programmed to be undertaken during 2024.

The landing page for POA guidance has been updated to clarify that costs cited in the existing guidance (produced in 2017) are indicative only and that any POAs need to be based on current prices.

The new policy regime set out in the bridging Island Plan, requiring planning obligations, remains in effect.

Programmed to be undertaken in 2024

obligation agreements

Proposal 10 – Design statements and statements of

Design statements are required to accompany development proposals, to demonstrate how the key principles of good design have been taken into account in the preparation of the proposals, and to assist in assessing the design quality of the proposed development. Guidance already exists to assist their preparation (see: Design statements for planning applications (gov.je))

The bridging Island Plan has conferred a new obligation for applicants to set out how new development is responding to the challenge of climate change. Work has been undertaken to develop a methodology to assess the sustainability of new development, particularly where the proposal involves the demolition of existing buildings. This will be issued as a revision to existing design statement guidance during 2024.

Programmed to be undertaken in 2024

Proposal 11 – Percent for art supplementary planning

Work has yet to commence on the revision of supplementary planning guidance for percent for art. The principles set out in the existing supplementary guidance remain relevant (see: Percentage for art (gov.je)). The key issue that requires revision in the existing guidance is one of process, which will require review with I&E (Regulation).

The new bridging Island Plan Policy GD10 – Percent for art remains in effect, and art continues to be delivered as an integral element of new development.

To be programmed

Proposal 12 – Biodiversity net gain

This proposal requires the Minister to undertake further studies to determine how the concept of biodiversity net gain and an urban greening factor could be developed and implemented as part of the legal framework in Jersey, and how it could be measured and monitored to ensure its application through the planning process.

 A scoping exercise has been completed to consider the potential introduction of Biodiversity Net Gain in Jersey and it is currently

In progress

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BIP Proposal

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Programming

considered to be both disproportionate, as a form of regulatory tool; and premature, relative to existing data about biodiversity metrics in Jersey. Work is instead proposed to be undertaken to update Jersey's existing biodiversity strategy, which was undertaken in 2005 (see: Biodiversity strategy (gov.je)), to identify the best ways of protecting and improving biodiversity in Jersey.

Work will also continue to be undertaken to monitor the implementation of the statutory requirement to deliver BNG in England and Wales (The Biodiversity Net Gain Statutory Instruments – explained – Environment (blog.gov.uk).)

In the meantime, work continues to gather an evidence base around the application of BNG and the urban greening factor (UGF) on development proposals undertaken by public bodies. This evidence base will help support any future assessment of the viability of a BNG of UGF.

Proposal 13 – Green infrastructure and network

This proposal commits the Minister for Environment to preparing a wider green infrastructure and network strategy, to identify and map the existing strategic network of green infrastructure across the island, along with an assessment of the interrelationships between these spaces, together with measures for addressing deficiencies.

Whilst work to develop a comprehensive green infrastructure and network strategy has yet to commence, work continues to be undertaken to assess and respond to the impacts of Storm Ciarán. This will, of itself, help to identify existing deficiencies in the island's landscape network and lead to the development of policies and proposals to repair and further develop the island's green infrastructure.

This aspect of work will also likely be considered as part of the review of the island's biodiversity strategy (see proposal 12).

In progress

Proposal 14 – Change permitted development rights

The protected coastal area (PCA) embraces what are considered to be the most valuable and sensitive landscape areas of the island. Because of the special quality of the landscape in the PCA, the Minister wants to undertake further work to explore whether changes should be made to the rules which govern whether planning permission is required for minor works to buildings and places here.

The PCA embraces the coastal national park and, it is considered appropriate that this work is not progressed until there is clarity about the status of the park (see proposal 6)

To be programmed

in the Protected Coastal Area

Proposal 15 – Conservation area designation

The Minister has worked to establish the associated legal framework required to enable conservation area designation, including Planning and Building (Conservation Areas) (Jersey) Regulations 2023 (jerseylaw.je); and Planning and

In progress

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BIP Proposal

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Building (Conservation Areas) (Jersey) Order 2023 (jerseylaw.je). Work continues

to complete the requisite legal framework (see proposal 16).

It is proposed that the island's first conservation area is to be designated in St Aubin and, subject to the outcome of proposal 16, work will commence in this respect during the latter half of 2024, with a view to designation by the end of the year.

Proposal 16 – Review permitted development rights for

Consultation about the proposed changes to the General Development Order, that will deliver greater control over development in conservation areas, was carried out between November 2023 and January 2024 (see: General Development Order: Conservation Areas (gov.je)).

The Minister will shortly consider the response to consultation and make changes to the GDO, which will set the requirement for planning permission for works in conservation areas. Once the revised Order is made, work will commence on designating the first conservation area in St Aubin (see Proposal 15)

In progress

conservation areas

Proposal 17 – Shopfronts supplementary planning

Work has yet to commence on the development of revised supplementary planning guidance for shopfronts.

Some guidance is provided, about the treatment of shopfronts, in the preamble to retail policies in the bridging Island Plan.

To be programmed

guidance

Proposal 18 – St Brelade's Bay Improvement Plan

The Minister has scoped this work, with agreement from local political representatives.

Work to develop the plan remains to be progressed relative to other competing priorities and limited resources.

To be programmed

Proposal 19 – Traditional farm buildings

To support the policy regime set out in the plan, which seeks to protect the character of traditional farm buildings where they are subject to change, it is proposed to develop and issue planning guidance.

Whilst this remains to be progressed, background material about the character of Jersey's farmsteads has been published (see: Historic farmsteads and landscapes in Jersey (gov.je)) and, in most cases, the Historic environment team will provide input into the planning process where these buildings are the subject of planning applications.

To be programmed

Proposal 20 – Design for homes

SPG about Residential space standards (gov.je) was issued in October 2023.

Its adoption superseded previous guidance issued in relation to residential space standards, including:

Subject to minor review by end 2024.

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BIP Proposal

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• Planning Policy Note No.6 A Minimum Specification for New Housing Developments' (1994);

• Draft Planning Advice Note No.1 The Design of New Homes' (2005), which was used to inform the development briefs for the housing sites zoned in the 2002 Island Plan; and

• Ministerial Decision MD-PE-2009-13, Minimum Specification for New Developments' (2009), relating to an increase in minimum home sizes, which was approved on an interim basis.

The Minister has been asked by the States Assembly to consider reviewing the guidance as it relates to one bed/one person homes (see: P.87/2023 Votes (gov.je)).

Proposal 21 - Minimum density standards

SPG about Density standards (gov.je) was issued in July 2023.

Complete

Proposal 22 – Residential delivery and management

This proposal essentially sought to ensure the co-ordinated allocation and delivery of public land to support the provision of homes. This has effectively been delivered by the development and publication of the Island Public Estate 2021- 2035; and the establishment of the Strategic Housing and Regeneration team.

It can be evidenced by the development of draft guidance for the development of affordable homes at the former St Saviour's Hospital site, which is to be released from its current health use for housing development (see Other proposals').

The proposal also sought to ensure how the use of modern methods of construction might be introduced in to Jersey. Work has been undertaken to explore this (see: Modern Methods of Construction report (gov.je)and R Modern Methods of Construction - Housing Delivery Innovation.pdf (gov.je)) and its

Completed

implementation continues to be pursued with the island's construction industry.

Proposal 23 – Five Oaks masterplan

Work has yet to commence on the development of a masterplan for Five Oaks.

Island plan review preparation

Proposal 24 – Affordable housing

The publication of this supplementary planning guidance gives effect to Policy H6: Making more homes affordable, where up to 15% of developments of 50+ homes are required to be made available for sale or occupation by islanders eligible for assisted purchase housing.

This guidance was issued in July 2023: Making more homes affordable (gov.je)

Completed

Proposal 25 – Housing outside the built-up area

This supplementary planning guidance was adopted and published to assist with the interpretation and application of bridging Island Plan Policy H9: Housing

Completed

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BIP Proposal

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outside the built-up area which now provides greater flexibility related to the creation of new homes in the countryside.

This guidance was issued in July 2023: Housing outside the built-up area (gov.je)

Proposal 26 – Review of building bye-laws

It is proposed that the technical guidance, which supports the island's building bye-laws, be reviewed to achieve, amongst other things, a significant and permanent reduction in Jersey's carbon emissions arising from buildings. This work is now underway.

In progress

Proposal 27 – Review of the education estate

At the time of the bridging Island Plan preparation, a review of the education estate was underway, to inform the requirement for new education facilities in the Town and the plan makes some provision for educational needs, under the auspices of Policy CI1 – Education facilities. The outcome of this work will inform the next island plan review.

In progress / Island plan review preparation

Proposal 28 – St Helier Country Park

To enhance the level of provision of and access to natural greenspace and the countryside, it is proposed that Warwick Farm is brought forward for redevelopment as a country park upon cessation of its current use.

The current use of the site remains and this proposal has not been progressed to date.

To be progressed in anticipation of/ or upon cessation of current lease

Proposal 29 – Play Strategy and guidance

Some work was undertaken, led by the previous Assistant Minister for Education, to progress the development of a play strategy. This is not currently being progressed (see: wq.151-2024.pdf (gov.je)).

To be progressed

Proposal 30 – Access to Grands Vaux Reservoir and

To promote access to the countryside for the benefit of town residents, it is proposed that, subject to the relocation of part of Jersey Water's operations, new public access is provided to Grands Vaux Reservoir and valley.

Work continues to be undertaken with Jersey Water in relation to their Water Resources and Drought Management Plan, which will include the use of their assets, and the Minister will continue to explore how this proposal might be realised over the plan period.

In progress

Proposal 31 – Active travel network

The development of supplementary planning guidance (SPG) for the active travel network (ATN) - to determine where development proposals might be required to contribute directly or indirectly to the development of the network – is dependent upon the work being undertaken by the Minister for Infrastructure to create an Island-wide strategic cycling and walking network under the auspices of Priority 2: Reallocating road space to prioritise cycling and walking, as set out in Sustainable Transport Policy Next Steps.pdf (gov.je). Work is ongoing with I&E (Transport and

In progress

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BIP Proposal

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operations) to help shape a cycling and walking strategy, and associated delivery

plan.

Proposal 32 – Public Realm Works Programme

As above

In progress

Proposal 33 – Sustainable transport zones

Sustainable transport zones (STZ) have been defined and established in the new supplementary planning guidance issued for Residential parking standards (gov.je). This guidance was issued in October 2023.

Further guidance remains to be developed for non-residential parking standards.

Partially complete/ remainder to be programmed

Proposal 34 – Catchment Flood Management Plan

This proposal seeks to ensure the development of plan to further explore opportunities for the strategic management of inland flooding in the island.

Work to develop an island-wide catchment management plan is in preparation and is being undertaken by the I&E (Drainage) team.

Additional, more focused work is also being undertaken to better manage the risk of inland flooding in Grands Vaux, and this will consider options related to catchment management, together with others related to protection for vulnerable properties, the use of the reservoir and drainage downstream of the reservoir.

In progress

Proposal 35 – Coastline and watercourse buffers

To support the policy regime set out in the plan, which seeks to protect the island's existing flood infrastructure from the impact of nearby development, it is proposed to develop and issue guidance.

Whilst guidance remains to be progressed, the I&E (Drainage) and I&E (Coastal engineering) can provide input into the planning process where development is proposed to take place near flood infrastructure.

To be programmed

Proposal 36 – Review of safety zones

This proposal relates to the potential requirement to review safety zones to ensure that they provide an adequate and proportionate representation of the land use risks that may exist. The Minister for the Environment, in partnership with the Minister for Home Affairs, will seek to work with landlords and occupants within existing or emerging safety zones, to ensure that appropriate data is made available, through the planning process, and outside of it, to inform future land use management and emergency planning.

The revised hazard zones for La Collette were last reviewed in 2013.

Island plan review preparation

Proposal 37 – Aircraft noise and public safety zone review

There is a need to explore the requirement for, and the viability of, updating the defined aircraft noise and public safety zones for Jersey Airport to reflect any changes in the type and volume of aircraft visiting the island to inform the next Island Plan Review.

Island plan review preparation

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BIP Proposal

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Programming

Dialogue has been had, and will be maintained, with the Ports of Jersey and the Director of Civil Aviation, in this respect.

Proposal 38 – A water resource management strategy for

The requirement to develop a water strategy is recognised and has been prioritised by the Minister for the Environment.

Work to progress this priority is underway.

In progress / Island plan review preparation

Jersey

Proposal 39 – Review of telecommunication

Work to explore potential changes to the GDO relative to, amongst other things, a range of economic development objectives, is underway as part of the Minister for the Environment's planning services review.

The requirement for any additional guidance associated with telecommunications infrastructure remains under review.

In progress

infrastructure incentives and

requirements

Proposal 40 – Strengthening the Island Plan performance

Work is undertaken to monitor plan performance, both in terms of the monitoring of outputs; and the performance of planning policy, particularly at appeal.

Work is also being undertaken to prepare a monitoring report for publication in accord with the proposed monitoring framework set out in the BIP.

Ongoing

framework

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Proposal (and provenance)

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Plan for Town

(Policy PL1 - Development in Town and CSP 2024-2026)

As set out in the BIP, the Plan for Town is critical to the sustainable development of the island. Town will continue to provide land and development opportunities to meet much of the island's needs over the plan period and the Plan for Town can help to ensure that it continues to grow in an integrated, enduring and sustainable way. The BIP sets out a plan for town based around key concepts and themes that are linked to the policy framework provided by the plan.

A baseline assessment has been developed to capture adopted and evolving plans, guidance and strategies that shape spaces and development within Town, to help enable and ensure its integrated and comprehensive development, in accord with the Plan for Town set out in the BIP.

In progress

SPG: St Helier design guidance

(SP3: Placemaking Policy; PL1: Development in Town; Policy GD6: Design quality; GD9: Skyline, views and vistas; and Policy and GD7: Tall buildings.)

This supplementary planning guidance deals with how the character of St Helier can be maintained and enhanced through the implementation of the bridging Island Plan when decisions are made about planning applications. It should be used to assess all development in St Helier, where it is covered by the guidance

It is based on the St Helier Urban Character Appraisal Review: 2021 which has updated the original St Helier Urban Character Appraisal (2005). It supersedes and replaces the guidance advice note Design Guidance for St. Helier (2013).

The guidance was published in July 2023: see  SPG - Advice Note - Design Guidance for St. Helier .pdf (gov.je).

Completed

SPG: Landscape and seascape character guidance

(Policy SP3: Placemaking; Policy PL5: Countryside, coast and marine environment; Policy GD6: Design quality; Policy GD9: Skyline, views and vistas; and Policy NE3: Landscape and seascape character)

This supplementary planning guidance deals with how the island's landscape and seascape character can be maintained and enhanced through the implementation of the bridging Island Plan when decisions are made about planning applications.

It should be used to assess all development proposals where they occur throughout the island and its territorial waters in areas covered by the guidance.

The guidance was published in July 2023: see  Landscape and seascape character guidance (gov.je).

Completed

SPG: Managing change (in the historic environment)

(Policy HE1: - Protecting listed buildings and places, and their settings)

Guidance has been updated, to reflect new policy regime set out in the BIP, to assist listed building owners, applicants and decision-makers.

The updated guidance was issued in January 2024 (see:  Managing change in

Completed

historic buildings and places – SPG advice note 6.pdf (gov.je))

RAG status

Proposal (and provenance)

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SPG: Holiday lets

(Policy SP7 – Planning for community needs and Policy H3

– Provision of homes)

The BIP acknowledges the need to make the best use of the existing housing

stock, and this includes seeking to ensure that homes are not lost to permanent residential occupation, whilst short-term holiday lets can continue to be provided to support the island's range of tourism accommodation.

Changes to legislation have been made and guidance is being finalised to give effect to these objectives, in consultation with the Minister for Housing and

stakeholders.

Partially complete/ In progress

Heritage at risk

Retaining historic buildings in a viable use is key to their retention and maintenance.

It is an objective of the island's R Heritage Strategy For Jersey.pdf (gov.je) to

In progress

reduce the number of heritage assets that are at risk and to improve their

condition. Many of these may be existing houses that are derelict and/or vacant; others may be buildings where there is no longer a need for their original purpose and a new use needs to be found.

Work is being undertaken to explore the options that are available, and the

resources that might be required, to tackle this issue, which may include the use of existing legal provisions in the Planning and Building (Jersey) Law.

SPG: Derelict and redundant glasshouses

(Policy ERE6 – Derelict and redundant glasshouses)

There is a policy presumption against the redevelopment of derelict and

redundant glasshouses set out in the BIP. Exceptionally, consideration may be

given to limited non-agricultural development to enable the delivery of significant environmental benefits in the countryside through the removal of glasshouses and supporting infrastructure; the restoration of the majority of agricultural land; and the repair of the landscape.

The nature, scale and form of any such exceptional development will be limited to that with a value commensurate with the costs of removing the glasshouses and restoring the land to agricultural use or to enable appropriate environmental

restoration and enhancement to take place.

Draft Guidance has been prepared to determine when this exceptional form of development, particularly involving the development of new homes, to set out how this element of the policy might be interpreted and used. Draft guidance was

published in December 2023 (see: Derelict and redundant glasshouse guidance

In progress

(gov.je)), and the Minister will shortly consider the response to consultation before

issuing new revised guidance.

RAG status

Proposal (and provenance)

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SPG: Planning and archaeology

(Policy HE5 - Conservation of archaeological heritage)

The process for assessing potential archaeological resources through the planning process is being reviewed, and this is to be developed and published as guidance, to assist landowners, developers and decision-makers, about how to deal with archaeological resources through the planning process.

In progress

SPG: St Aubin conservation area appraisal

(Proposal 15 - Conservation area designation)

Guidance will be required to be developed in association with the designation of each conservation area.

Preliminary work is being undertaken with Jersey Heritage in terms of researching the architectural and historical character of St Aubin. This will form part of the basis of the conservation area appraisal which will be the subject of public engagement and consultation.

In progress

SPG: Protection of historic windows and doors

(Policy HE2 – Protection of historic windows and doors)

This guidance is to be updated to reflect the new policy regime set out in the BIP, to assist listed building owners, applicants and decision-makers.

In progress

SPG: Jersey design guide (Policy GD6 – Design quality)

A review existing guidance (see:  ID JerseyDesignGuide2008 20080912 SH.pdf

In progress

(gov.je)) is underway to continue to promote excellence in design in Jersey. This work is being undertaken with the Jersey Architecture Commission.

SPG: Housing design guidance

(Policy H2: Housing design and Proposal 20 Design for homes)

The Minister has already issued guidance about the specification and minimum standards of space expected to be provided as part of new residential development.

Whilst the preamble to Policy H2 provides advice about other aspects of housing design, it is proposed that this is supplemented by more detailed planning guidance to assist architects, applicants and decision-makers in the consideration of the design of new residential development.

In progress