Friday 20 February 2015
Guernsey Press Enquiry:
Following-up from 21 deputies signing a letter to the Environment Board in support of the specialist dementia care home, I would like to ask the department the following questions.
Just to clarify I am well aware the department cannot comment on the project itself, but these are more procedural questions.
If a planning application was to receive political backing, does it affect the overall decision? Does it have any influence?
If so why and how?
Does the department feel it should make a difference to the overall decision?
Would political backing have more of an influence when an application is taken to an open planning meeting?
Any other comments.
Environment Department Response:
Section 12(2) of the Land Planning and Development (General Provisions) Ordinance, 2007 provides that where, pursuant to section 16(5)(b) of the Land Planning and Development Law, the Department has regard to any relevant Plan or Local Planning Brief in determining an application for planning permission for development which would involve a departure from such a Plan or Local Planning Brief then (a) subject to subsection (2), it must refuse the application, and (b) it need not take into account any other matter to which it is required to have regard under the Law and this Ordinance.
Subsection (2) states that where the Department considers, in response to a written request from the applicant, that to grant the application would only involve a minor departure from a relevant Plan or Local Planning Brief then, notwithstanding subsection (1) and subject to subsection (3), it may grant permission.
By law, the Environment Department can only take into account 'material planning considerations' when considering comments made about planning applications. The Planning Law and Ordinances set out what are 'material planning considerations' for the determination of planning applications. The Department has published guidance on this issue in Planning Practice Note 8 'Supporting or Objecting to a Planning Application: Making a Valid Representation':
http://www.gov.gg/CHttpHandler.ashx?id=3264&p=0
The open letter received from 21 Peoples' Deputies concerning this planning application is a representation in support of the application and will accordingly be referred to the Board of the Department when reaching its decision on this application. However, the weight that can be given to this representation will depend on the degree to which the specific points raised relate to material planning considerations which can legally be taken into account by the Environment Department when determining this application, and also whether the application amounts to more than a minor departure from Policy RE12 having regard to Section 12(2) of the Land Planning and Development (General Provisions) Ordinance, 2007.
Contact Information:
Jim Rowles, Director of Planning
Environment Department
Tel: 717200
