The new Planning and Development Law has been passed by the States and has received Royal Assent; it came into force together with related Ordinances on the 6th April, 2009.

The substantive legislation is contained in The Land Planning and Development (Guernsey) Law, 2005 which sets out the purposes of the principal Law and its application.

The Law is accompanied by eleven Ordinances of the States which relate to various aspects of Planning and Building Control. They are as follows:-

The Land Planning and Development (General Provisions) Ordinance, 2007 which contains the following sections:

• Meaning of Development
• Making of Applications
• Registration of and Publicity for Planning Applications
• Material Planning Considerations
• Conditions, Reserved matters and Determinations  

The Land Planning and Development (Plans) Ordinance, 2007 which contains the following sections:

• Content of Plans and Local Planning Briefs
• Proposals for new, replacement or amended plan or local planning brief
• Appointment of Inspector and publication of proposals
• Approval of proposals and review of plans and local planning briefs

The Land Planning and Development (Exemptions) Ordinance, 2007 which contains a schedule of ten classes of development that are exempt from planning control together with a section on interpretation. 

The Land Planning and Development (Environmental Impact Assessment) Ordinance, 2007 which contains advice in relation to EIA requirements in respect of Development Plans, Local Planning Briefs and Planning Applications. Schedules 1-6 of the Ordinance provide details of the types of development and matters to be addressed for development requiring an EIA.

The Land Planning and Development (Special Controls) Ordinance, 2007 which relates to Protected Monuments, Protected Buildings and Tree Protection Orders together with the procedures for appeals against the special controls.

The Land Planning and Development (Use Classes) Ordinance, 2007 which contains a schedule of the 44 Use Classes together with advice on matters of interpretation.

The Land Planning and Development (Enforcement) Ordinance, 2007 which relates to:

• Challenge Notices
• Compliance Notices
• Modification of Section 48 of the Law
• Immunity Certificates
• Interim Compliance Notices
• Register of Enforcement Notices
• Amendment to Section 57 of the Law in respect of Building Regulations

The Land Planning and Development (Appeals) Ordinance, 2007 which relates to:

• Appeals to the Planning Tribunal
• Appeals to an Adjudicator in relation to the Building Regulations
• Matters applying on appeals to the Planning Tribunal and to an Adjudicator

The Land Planning and Development (Application to Herm and Jethou) Ordinance, 2007 which relates to Planning, Building Regulations and Special Controls as they apply to the islands of Herm and Jethou.

The Land Planning and Development (Fees and Commencement) Ordinance, 2008
which relates to the fees and commencement dates for the charging of fees for planning and building control applications, property searches and applications for Immunity Certificates.

The Land Planning and Development (Guernsey) Law, 2005 (Savings and Transitional Provisions) Ordinance, 2007 which relates to the transitional arrangements to be adopted for the new legislation and ‘saved’ documents.

Last updated:  6th April 2009