Draft Planning and Building (Jersey) Amendment Law 202-

STATES OF JERSEY

DRAFT PLANNING AND BUILDING (JERSEY) AMENDMENT LAW 202-

Lodged au Greffe on 3rd February 2026 by the Minister for the Environment Earliest date for debate: 24th March 2026

STATES GREFFE

2026  P.22/2026

DRAFT PLANNING AND BUILDING (JERSEY) AMENDMENT LAW 202-

European Convention on Human Rights

In accordance with the provisions of Article 16 of the Human Rights (Jersey) Law 2000, the Minister for the Environment has made the following statement –

In the view of the Minister for the Environment, the provisions of the Draft Planning and Building (Jersey) Amendment Law 202- are compatible with the Convention Rights.

Signed:   Deputy S.G. Luce of Grouville and St. Martin

Minister for the Environment

Dated:  30th January 2026

Draft Planning and Building (Jersey) Amendment Law 202-  Report

REPORT

The Draft Planning and Building (Jersey) Amendment Law 202– (the "draft amendment Law") seeks to reinstate the ability – originally provided for in the 2002 Law but removed by the Covid- 19 (Island Plan) (Jersey) Regulations 2021 – for the Minister to prepare an interim revision of an island plan during its plan period, rather than requiring a full review. It also seeks to allow the Minister to prepare an interim revision of the bridging Island Plan.

Allowing partial amendments during a plan's lifespan would make Jersey's planning system more flexible and better able to respond to emerging trends, external shocks, or new policy priorities without undertaking a complete review. This approach would help the island plan adapt more quickly to changing circumstances, ensuring the planning framework remains agile, responsive, and up to date, while also delivering efficiencies in time, cost and resources.

The draft amendment Law also enables the States Assembly to make Regulations setting out the procedures that must be followed when lodging a new island plan, amendments to it, or an interim revision.

These procedures will need to define how the island plan review process operates and will provide an opportunity to introduce proportionate and appropriate methods for amending parts of the plan. Such methods might better reflect the scale and nature of each proposed change while maintaining due  process,  including  sufficient  justification,  public  consultation  and  examination  of  any amendment, as appropriate.

Any Regulations made under this new power must be brought back to the States Assembly for consideration and approval. The Minister must also present these Regulations before beginning a review of the island plan or proposing an amendment to the bridging island plan.

Finally, the draft amendment Law seeks to repeal the Planning and Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021, which is no longer required. The bridging island plan itself remains in effect until it is replaced by a new island plan approved by the States Assembly.

Financial and staffing implications

There are no additional financial or staffing implications for Government as a result of this proposition.

Children's Rights Impact Assessment

A Children's Rights Impact Assessment (CRIA) screener has been prepared in relation to this proposition and is available to read on the States Assembly website.

Human Rights

No human rights notes are annexed because the Law Officers' Department has indicated that the draft Law does not give rise to any human rights issues.

EXPLANATORY NOTE

This Law (the "amendment Law") amends the Island Plan provisions of the Planning and Building (Jersey) Law 2002 (the "2002 Law") and repeals the Planning and Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021.

Part 1 of the amendment Law amends Part 2 of the 2002 Law as follows (references to Articles are to the Articles of the 2002 Law):

• The definition "bridging plan" in Article 1 is amended to refer to the "bridging island plan" since that is the name by which that plan is generally known;

• Article 3 (Minister to prepare a draft Island Plan) is amended to reinstate the ability that existed in the 2002 Law, before it was amended by the Covid-19 (Island Plan) (Jersey) Regulations 2021, for the Minister for the Environment (the "Minister") to prepare an interim revision of the Island Plan during the plan period, rather than requiring a review of the entire plan. The Minister may also prepare an interim revision of the bridging island plan. Article 3 is also amended to provide that if, according to Regulations made under new Article 4A, representations are required to be considered by an independent planning inspector, the Minister must appoint an inspector in accordance with those Regulations;

• The provisions of Article 3 that set out the requirements for lodging a bridging island plan are deleted since they are no longer required;

• Article 4A  is  replaced  by  a  new  Article 4A  (Regulations  to  set  out  Island  Plan procedures). New Article 4A provides that the States Assembly may make Regulations to set out the procedures that must be followed when lodging a new Island Plan or amendments to it, or when making a revision to an Island Plan or to the bridging island plan.  The  Minister  must  lodge  these  Regulations  in  sufficient  time  for  the  States Assembly to approve them and bring them into force before the Minister lodges the next Island Plan or revision. The procedures that will be set out in these Regulations include (but are not limited to) the following:

• the process and minimum lodging period for lodging a draft Island Plan;
• the process and minimum lodging period for lodging an amendment to a draft Island Plan;
• the procedures that must be followed during the period between lodging a draft Island Plan and debating it;
• the manner in which the Minister's proposals, in the form of a draft Island Plan or a draft revision of an Island Plan or of the bridging island plan, are to be publicised;
• the manner in which representations on those proposals are to be made;
• whether or not representations are required to be considered by an independent planning inspector;
• the procedures to be followed when representations are required to be considered by an independent planning inspector;
• the appointment, powers and  general functions of an  independent planning inspector;
• the manner in which the Minister's proposals, in the form of a draft revision of an Island Plan or of the bridging island plan, are to be approved.

• New Article 4B, which is inserted into the 2002 Law, provides that the States Assembly may make Regulations to amend the 2002 Law to make further or different provision that is necessary as a consequence of the coming into force of the amendment Law.

Part 2 of the amendment Law:

• repeals the Planning and Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021, which is no longer required; and

• gives the title of the amendment Law and provides that it comes into force 7 days after it is registered in the Royal Court.

Draft Planning and Building (Jersey) Amendment Law 202-  Contents

DRAFT PLANNING AND BUILDING (JERSEY) AMENDMENT LAW 202-

Contents

DRAFT PLANNING AND BUILDING (JERSEY) AMENDMENT LAW 202-

A LAW to further amend the Planning and Building (Jersey) Law 2002 and repeal the Planning and Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021.

Adopted by the States  [date to be inserted] Sanctioned by Order of His Majesty in Council  [date to be inserted] Registered by the Royal Court  [date to be inserted] Coming into force  [date to be inserted]

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

PART 1

PLANNING AND BUILDING (JERSEY) LAW 2002 AMENDED

1  Planning and Building (Jersey) Law 2002 amended

This Part amends the Planning and Building (Jersey) Law 2002.

2  Article 1 (interpretation) amended

In Article 1(1), for " "bridging plan" " there is substituted " "bridging island plan" ".

3  Article 3 (Minister to prepare a draft Island Plan) amended

(1)  For Article 3(1) there is substituted –

1. The Minister must prepare and lodge a draft Island Plan for approval by the States.

(1A)  The Minister may prepare a draft revision of an Island Plan or a draft revision

of the bridging island plan at any time during the period that the plan is in effect.

2. In Article 3(2)(a) and (b), for "bridging plan" there is substituted "bridging island plan".

3. For Article 3(2A) there is substituted –

(2A)  A draft Island Plan must be lodged in time for the States to be able to approve

it, with or without amendment, as follows –

1. if the draft Island Plan is replacing the bridging island plan, within 3 years of the approval of the bridging island plan by the States or within a reasonable time after the end of that period; or
2. if the draft Island Plan is replacing an Island Plan other than the bridging island plan, within 10 years of the approval of the Island Plan that is being replaced or within a reasonable time after the end of that period.

4. For Article 3(2C) there is substituted –

(2C)  When lodging a draft Island Plan or when proposing a revision of either an

Island Plan or the bridging island plan, the Minister must do so in accordance with the procedures set out in Regulations made under Article 4A.

5. In Article 3(3) –

1. after "In preparing a draft Island Plan" there is inserted ", a draft revision of an Island Plan or a draft revision of the bridging island plan";
2. for "from the public" there is substituted "in accordance with the procedures set out in Regulations made under Article 4A".

6. Article 3(3A), (4) and (5) is deleted.
7. For Article 3(6) there is substituted –

(6)  When preparing a draft Island Plan, a draft revision of an Island Plan or a draft revision of the bridging island plan, the Minister must consider representations that the Minister has received, if any.

(6A)  If, according to Regulations made under Article 4A, the representations are

required to be considered by an independent planning inspector, the Minister must appoint an inspector in accordance with those Regulations.

4  Article 4A (procedure for and following lodging of draft Island Plan) substituted

For Article 4A there is substituted –

4A  Regulations to set out Island Plan procedures

1. The States may make Regulations to set out the procedures that must be followed in relation to the lodging of a draft Island Plan, including (but not limited to) –

1. the process and minimum lodging period for lodging a draft Island Plan;
2. the process and minimum lodging period for lodging an amendment to a draft Island Plan;
3. the procedures that must be followed during the period between lodging a draft Island Plan and debating it;
4. the manner in which the Minister's proposals, in the form of a draft Island Plan, are to be publicised;
5. the manner in which representations on those proposals are to be made;
6. the procedures to be followed when representations are required to be considered by an independent planning inspector;

7. the  appointment,  powers  and  general  functions  of  an  independent planning inspector.

2. Before lodging the first draft Island Plan after the commencement of the Planning and Building (Jersey) Amendment Law 202-, the Minister must lodge  Regulations  under  paragraph (1)  in  sufficient  time  that  those Regulations can be approved by the States and brought into force before a draft Island Plan is lodged.
3. The States may make Regulations to set out the procedures that must be followed for making a revision to an Island Plan or to the bridging island plan, including (but not limited to) –

1. the manner in which the Minister's proposals, in the form of a draft revision of an Island Plan or of the bridging island plan, are to be publicised;
2. the manner in which representations on those proposals are to be made;
3. whether or not representations are required to be considered by an independent planning inspector;
4. the procedures to be followed when representations are required to be considered by an independent planning inspector;
5. the manner in which the Minister's proposals, in the form of a draft revision of an Island Plan or of the bridging island plan, are to be approved.

4. Before preparing the first draft revision of an Island Plan or of the bridging island plan after the commencement of the Planning and Building (Jersey) Amendment  Law  202-,  the  Minister  must  lodge  Regulations  under paragraph (3) in sufficient time that those Regulations can be approved by the States and brought into force before a draft revision is prepared.
5. In this Article, "amendment" includes an amendment to an amendment.

5  Article 4B (Regulations for consequential amendments) inserted

After Article 4A there is inserted –

4B  Regulations for consequential amendments

The States may by Regulations amend this Law to make further or different provision that appears to the States to be necessary as a consequence of the coming into force of the Planning and Building (Jersey) Amendment Law 202-.

PART 2

REPEAL AND FINAL PROVISION

6  Planning and Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021

repealed

The  Planning and  Building  (Covid-19  Bridging  Island  Plan)  (Jersey)  Order  2021 is repealed.

7 Citation and commencement

This Law may be cited as the Planning and Building (Jersey) Amendment Law 202- and comes into force 7 days after it is registered.