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The planning authority has reiterated that proposed powers to clear and tidy up land that is affecting local areas will not be extended to States owned or occupied land, but separate measures should ensure public land is dealt with equitably.
Deputy Victoria Oliver, President of the Development & Planning Authority, provided several clarifications on the new land enforcement powers following Rule 14 questions submitted by Deputy Lester Queripel.
Deputy Queripel wondered if it is reasonable to exempt States owned or occupied land from powers and how the DPA would “deal with accusations of favouritism and discrimination should they arise”.
The 2005 Land Planning Law does not apply land enforcement powers to the States and States’ Committees, according to Deputy Oliver, and permitting them under the new plans would “be inconsistent with the main land planning enforcement and appeal provisions”.
Deputy Oliver suggested the DPA could instead deal directly with the concerned Committee should unsightly land affect the amenity of an area to “ensure that there is equitable treatment of private and public land”.
Pictured: Deputy Victoria Oliver has touted these new powers throughout this States term.
Deputy Queripel also questioned if the Authority was using “a sledgehammer to crack a nut” since he felt that there is not “an abundance of unsightly properties here in the island”.
Deputy Oliver suggested the new powers were envisaged when land planning laws were passed nearly two decades ago and are used in other jurisdictions.
She hopes that derelict properties in the Old Quarter, “redundant visitor accommodation establishments” and vehicle graveyards can be remedied by the new powers
“Some existing eyesore sites can cause economic loss to their neighbours as well as discouraging inward investment to an area. The proposed powers will play an important part in securing revitalisation and act as a deterrent to prevent the future creation of eyesores through allowing dereliction and neglect,” she said.
Pictured: You can read the full set of questions and answers HERE.
It’s also believed by Deputy Oliver that States savings could be realised by replacing “time consuming, costly and often unsuccessful” negotiations with obstructive landowners with “directed and effective” legal notices.
Cost recovery mechanisms to allow the DPA to recover any costs from requiring States Works to tidy land, and possible legal challenges, are also included in the plans, but Deputy Oliver suggested that history shows that this “would be rarely if ever used”.
The DPA would carefully consider what represents unsafe and unsightly items left in, for example, redundant greenhouses, to ensure they are not in lawful use or in breach on planning controls.
Deputy Oliver said that sites with planning permission and awaiting development which are unsightly could be deemed worthy of a notice only “if the impairment of amenity is significant” and not just because development has not started.
This also applies to German bunkers which are privately owned – action will only be taken if it is “clearly in the public interest”.
Douzaines are also set to benefit by powers enabling them to remove or tidy areas of concern by notices issued on request by the Development & Planning Authority.
Pictured: Deputy Lester Queripel asked questions in preparation for the States debate later this month.
Some deputies have said they worry that the powers would amount to a ‘tidy police’ and suggest that visual amenity is entirely subjective.
Concerns have also been raised that the policy letter excludes States-owned and occupied land from potential notices.
The policy letter should be debated by the States at the next Assembly meeting, which is due to start on January 25.
Deputy Oliver also confirmed that long-awaited planning exemptions for simple property alternations will go before the States for final approval in February. This includes removing the need for applications for changing vehicular access, installing vehicle charging points, and knocking down chimney stacks.
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