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Third Party Planning Appeals

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The Committee for the Environment & Infrastructure - P.2020/27

The States are asked to decide:-

Whether, after consideration of the Policy Letter entitled "Third Party Planning Appeals" dated 28th February 2020, they are of the opinion:

1. To agree that, at this time, no change is made to the appeal provisions under the Land Planning and Development (Guernsey) Law, 2005 in respect of the means for third party representors to make representations to the Planning Tribunal within the current planning appeal process.

2. To agree that, before any proposals can be considered on whether or not to extend the current planning appeal regime to include provision for third party representors to appeal decisions of the Development & Planning Authority in respect, in particular, of the grant of planning permission, the approval of reserved matters or other consents under a planning permission, further and wider consultation is undertaken on the basis of the proposals and suggested matters for consultation set out in paragraphs 8.21 to 8.43 of the policy letter.

3. To direct the Committee for the Environment & Infrastructure, in consultation with the Committee for Economic Development and the Development & Planning Authority, to consult widely with States Committees, individuals, bodies and organisations:

(a) on the status of third party representors within the current planning appeal process; and

(b) whether to extend the current planning appeal regime to include provision for third party representors to appeal decisions of the Development & Planning Authority in particular, in respect of the grant of planning permission or the approval of reserved matters or other consents under a planning permission.

4. To direct the Committee for the Environment & Infrastructure to bring a further policy letter to the States, having considered the consultation responses, by no later than April 2021 on third party rights of appeal including whether or not to introduce a system for third party representors to appeal decisions of the Development & Planning Authority to grant planning permission or approve reserved matters or other consents under a planning permission.

The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.

 

 

 

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Third Party Planning Appeals

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