Draft Planning and Building (Jersey) Amendment Law 202- (P.22/2026): comments
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STATES OF JERSEY
PLANNING AND BUILDING (JERSEY) AMENDMENT LAW 202- (P.22/2026): COMMENTS
Presented to the States on 19th March 2026
by the Environment, Housing and Infrastructure Scrutiny Panel
STATES GREFFE
2026 P.22 Com.
COMMENTS
Background and context
The Proposition reflects a lengthy process of assessing options to make the Island Plan more flexible, particularly mechanisms for development and review, which the Minister for the Environment confirmed in 2024 as a priority workstream.1
The current Bridging Island Plan ("the BIP") and changes made to the Planning and Building (Jersey) Law 2002 ("the 2002 Law") in response to the COVID-19 pandemic were "intended to be temporary" and required the "resumption of the usual cycle and approach" taken in relation to a 10-year Island Plan at the end of the period of the BIP.2
During a public hearing on 26th March 2025, the Minister indicated a preference to return to the previous approach to developing and reviewing the Island Plan provided for under the 2002 Law and emphasised a need for flexibility in relation to Island Plan processes so that "individual policies" can be amended during its lifespan.3
At another public hearing on the BIP on 23rd July 2025, the Minister advocated for updates to the 2002 Law, highlighting that it previously allowed for "a particular section" of the Island Plan to be addressed in isolation, and that emerging geopolitical or climate pressures could necessitate changes to specific aspects of a future Island Plan within its 10-year lifespan.4
Government Consultation
The Panel heard that addressing the structure and form of the Island Plan process would form part of the Government's consultation on planning services reform, and the Minister stated his intention to bring forward legislative amendments to the Island Plan process prior to the 2026 election.5
The Government's Consultation on planning services reform was launched in July 2025, with the results published in August 2025. The consultation highlighted that whilst the "single-tier Island Plan" offers "simplicity, transparency and efficiency", the current format "lacks flexibility because even minor changes require a full review". The Government's response to the consultation supported the introduction of "legal provisions for partial amendments" and "streamlined review processes".6
Beyond repealing the Planning and Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021, which the Panel accepts is no longer required, the Proposition is the only legislative amendment to follow from the Government's consultation on planning services reform. Whilst the Minister consulted on the reform of planning services highlighted that proposals for changes to planning appeals legislation "will not take
1 Environment, Housing and Infrastructure Scrutiny Panel Briefing: Ministerial Priorities – 8th March 2024
2 Draft COVID-19 (Island Plan) (Jersey) Regulations 202- [R.168/2020]
3 Transcript – Quarterly Public Hearing – Minister for the Environment – 26th March 2025
4 Transcript – Topic-based Public Hearing (Bridging Island Plan) – 23rd July 2025
5 Transcript – Topic-based Public Hearing (Bridging Island Plan) – 23rd July 2025
6 Planning services reform – Changes to plan-making: consultation summary and response – August 2025
place until later in 2026".7 consultation response highlighted that proposals for changes to planning appeals legislation "will not take place until later in 2026".[8]
Additionally, following consultation, the Panel notes the Minister's intention to update General Development Orders as part of the reform of planning services. However, at the time of writing these Comments, no changes to General Development Orders have been formally submitted.
The Panel wishes to highlight the importance of other areas of planning services reform, including recommendations made following the Government's consultation on planning services appeals, and that these should also be sufficiently progressed.
Approval processes for Island Plan changes
On 3rd March 2026, the Panel heard that the Minister's rationale for bringing forward the Proposition is to grant a future Minister for the Environment with the ability to progress changes in approach to the Island Plan "without going back to the Assembly immediately".[9]
It will provide a framework for regulations to be developed that may change the "procedures that must be followed" in respect of the Island Plan.[10] The practical effect of this change could be that such regulations would, for example, allow a future Minister to make changes to the Island Plan by way of Ministerial Order.
The Minister advised that while a "significant change" to the Island Plan would likely require extensive consultation and States Assembly approval, a "relatively minor" change to the Island Plan may not require States Assembly approval at all.[11]
The Panel recognises the rationale and is supportive that the proposed changes would introduce a framework enabling a future Minister and States Assembly to make adaptations to the process of reviewing and developing the Island Plan. However, given the significance of the Island Plan to Jersey, the Panel is of the view that any regulations arising as a result of the adoption of the proposed amendment law, must be accompanied by robust safeguards – not least in respect of oversight and accountability.
Conclusion
The Panel broadly welcomes and is supportive of the Proposition.
Whilst acknowledging that the Minister has fulfilled his commitment to bring forward legislative amendments to introduce greater flexibility to the Island Plan process, it is important that other planning services reforms are sufficiently progressed, including the recommendations made following the Government's review of planning services appeals.
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The Panel understands that a change in approach to the Island Plan process is necessary, particularly in relation to evolving geopolitical and climate risks. However, it emphasises that any subsequent regulations proposed must be accompanied by robust safeguards.
[8] Planning services reform – Appeals review: Consultation summary and response
[9] Transcript – Quarterly Public Hearing – Minister for the Environment – 3rd March 2026
[10] Planning and Building (Jersey) Amendment Law 202-[P.22/2026]
[11] Ibid
P.22/2026 Com.