Wednesday 22 August 2012
Environment Department response to media enquiry from Guernsey Press.
Guernsey Press Enquiry:
Following yesterday's report I am currently working on a few follow-ups.
Firstly, the panel seems to have backed the idea of allowing third parties to address the tribunal. I was interested to find out why third parties are not able to speak during the tribunals currently (i.e. Why it was chosen that the law should restrict them) and what the department thinks about the suggestion that this should change? I believe that to allow this there would need to be a change in the law - how long could this take and what would be the steps to seeing it changed?
Secondly, the panel also noted that there is a problem with the number of people waiting until the end of the six month appeal period to lodge their appeal, which is causing the tribunal members problems as by then the development, if retrospective, has been in place for some time. Why was the length of six months chosen and has the department considered reducing it?
Lastly, the tribunal have been facing a problem of small-scale domestic growing and its definition in law, which has resulted in some complex cases.
How is department working to clarify the law, why has it been a challenge to make it clearer and when will changes come into place?
I apologise for giving such a lengthy list. If you could get back to be me on the last query by the end of today (4pm) that would be very helpful. If you could get back to me on the first two questions by 3pm on Wednesday, that would also be a great help.
If there are any problems, so not hesitate to get in touch.
Environment Department Response:
Third Party Representations - The Environment Department welcomes the significant advances in openness and transparency within the States of Guernsey since the drafting of the 2005 Planning Law. Many of these advances have been led by the Environment Department, such as the introduction of Open Planning Meetings and public speaking at those meetings. The development of the planning appeals process has itself contributed significantly to the openness and transparency of the Island's planning system.
Accordingly the Department recognises the merit in allowing third party representors to give evidence at planning appeal hearings, which would enable greater public engagement with the planning process. However, this needs to be addressed as part of a comprehensive review of the legislation to ensure that a proposed change in one area of the Law is consistent with other provisions or proposed changes. The Department is presently engaged in this review process and will be bringing proposals to the States for consideration in due course.
Length of Appeal Period - The Department notes that the Planning Appeals Panel will be monitoring the situation and will report back to the Policy Council if difficulties continue. The Department supports this course of action and does not feel it would be appropriate to comment further at this time.
Small-scale Domestic Cultivation - This issue will be addressed by the Department, having regard to relevant appeal decisions, as part of the current review of the Development Plans, the Rural and Urban Area Plans.
Contact Information
Jim Rowles, Director of Planning Control Services
Environment Department
Tel: 01481 717 200
