Development & Planning Authority - P.2021/130
The States are asked to decide:-
Whether, after consideration of the "Extension of Temporary Exemption from Requirement for Planning Permission for Certain Changes of Use of Visitor Accommodation" policy letter, dated 4th November 2021 they are of the opinion:-
1. To agree to extend the current temporary exemption in Class 9A of the Schedule to the Land Planning and Development (Exemptions) Ordinance, 2007 so that -
(a) a change of use of visitor accommodation from a use within use class 7 or 8 of the Land Planning and Development (Use Classes) Ordinance, 2017 to a use within residential use classes 1, 2 or 5 in that Ordinance, which took place or will take place between the 25th March 2020 and the 31st December 2022 inclusive, is temporarily exempted from the requirement for planning permission subject to specified conditions being met including that the use reverts to its previous lawful visitor accommodation use prior to 25th March 2020 by 31st January 2023, and
(b) a change of use back to the lawful visitor accommodation use prior to the 25th March 2020, in compliance with the proposed exemption in paragraph (a), is also exempted from the requirement for planning permission,
as set out in paragraphs 5.1 to 5.4 of the policy letter and to give the Development & Planning Authority a power to further extend these dates by Regulations as set out in paragraphs 5.6 and 5.7 of the policy letter.
2. To agree that a consequential amendment be made to the provision in section 3(2) of the Land Planning and Development (Visitor Accommodation) (Amendment etc.) Ordinance, 2021 to take account of the extension to the temporary exemption so that the period during which the temporary exemption runs, for certain changes of use of visitor accommodation, is disregarded for the purpose of calculating the period within which a planning compliance notice may be issued, where there is a breach of planning control.
3. To direct the preparation of such legislation as may be necessary to give effect to the above decisions.
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.