Wednesday 25 April 2012
Environment Department response to media enquiry from Guernsey Press.
Guernsey Press Enquiry:
A recent Guernsey Press survey, in which readers picked key questions to ask each election candidate, showed that 47 candidates believed that a more common-sense approach was needed when making planning decisions - only five believed that planners were generally striking the right balance.
What is the department's reaction to this?
Why do you think candidates believe this? Our understanding is that the main area of public frustration usually seems to be aimed at decisions on sheds in gardens, gates and fences.
How can the public have more involvement in planning decisions? - I understand the Strategic Land Use Plan is currently being reviewed, how can people influence that process?
What dangers would there be in a fully common-sense approach?
Response:
If the results of the survey reflect the majority view of the new assembly, which of course sets the policies and legislation under which the Environment Department must act, then the new assembly has the ability to change the rules and policies in order to liberalise the planning system. The candidates would not appear to be referring to specific cases and hence it is impossible to respond to the easy criticism of the Department's decisions. The Department is looking forward to meeting the Deputies elect to discuss the work of the Department and will be more than happy to discuss how Deputies can help shape the future work of the Department.
Common sense is an interesting term and what is common sense to one person is nonsense to another. The Department is obliged to make decisions in accordance with the Land Planning and Development (Guernsey) Law, the approved Development Plans (currently the Urban and Rural Area Plans) and works to be consistent and fair. In the majority of cases where individual deputies have examined carefully the full facts behind a decision taken by the Department it has been agreed that the Department acted properly in accordance with the laws and policies it must work under.
The Department's website has links to advice on exemptions.
Most fences and sheds are exempt development and do not need planning applications. Where permission is needed it is because they are unusually high, large or proposed in particularly obtrusive positions. Generally the Department's enforcement actions are as a result of complaints which of course it cannot ignore. We also give advice on exemptions every day and suggest alternatives which raise no planning or neighbour issues. The majority of cases which have been widely publicised and inform public opinion are where work has been carried out without planning permission being sought and some have also been taken to appeal and dismissed by the independent Appeal Panel.
Where applications are made, they are advertised by site notice, and of course the Press runs the list of new applications received each week. We welcome any member of the public who comes in to view the plans and do take into consideration any representations received, just as we do consultation responses.
The people of Guernsey had an unprecedented opportunity to shape future planning policy through the Guernsey Tomorrow consultation. The resulting Strategic Land Use Plan was approved by the States of Deliberation in November 2011, and what is happening now is the review of the development plans - currently the Urban Area Plan and Rural Area plan. These will become the basis for future planning decisions and the Department would encourage everyone to follow the topic workshops and take part in the plan review.
Later this year the States will have the opportunity to debate amendments to the Exemptions Ordinance. If States members, reflecting the common sense views of electorate consider that significant relaxation of planning controls in respect of sheds and fences is necessary, then they will have the opportunity to so legislate.
Contact Information:
Jim Rowles, Director of Planning Control Services
Environment Department
Tel: 717200
