Categories:Europe,Planning

A comparison of the planning appeals systems in Jersey and Guernsey

Planning appeals constitute one of the proposed areas of reform of the Jersey planning system announced in December 2011 by the new Minister for Planning and Environment. We await a public consultation on a new planning appeals system for Jersey that will be fairer and less expensive than the current Royal Court based system. So what is the current system in Jersey and how does it differ from the Guernsey system?

At present there are three main options for appealing planning decisions in Jersey, aside from the judicial review process (which is a remedy of last resort, against decisions that are fundamentally unlawful on grounds of illegality, irrationality or procedural impropriety). Firstly, an applicant (but not a third party), may make a request for reconsideration by the Planning Applications Panel within two months of the date of the relevant decision. These Panel meetings are open to the public and any party may speak at these meetings. A request for reconsideration can only be made in respect of decisions made by the Department, not those made by the Panel or the Minister. The request can only be made if the application is believed to have been unreasonably refused…

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