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Proposals for Provisions to Address Land which is Affecting the Amenity of an Area

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Development & Planning Authority - P.2022/100

The States are asked to decide:-

Whether, after consideration of the Policy Letter entitled "Proposal for Provisions to Address Land Which is Affecting the Amenity of an Area" they are of the opinion:-

1. To agree to give the Development & Planning Authority a power to serve civil notices on owners and occupiers of land, requiring the owner and occupiers to take steps to remedy the condition of their land, other than in relation to certain redundant glasshouses and related structures, where the Authority considers the condition of that land is adversely affecting the amenity of the area; and to agree to make the following related provision for-

    a)  appeals to the Planning Tribunal against the service of such a notice;

    b)  offences in relation to a contravention of a requirement of such a notice;

    c)   the Development & Planning Authority to have powers to enter land and to carry out required steps where a requirement of a notice is not      met; and

    d)   the Development & Planning Authority to have powers to recover costs and apply to the Royal Court for a charge over the land similar to those which currently apply in relation to compliance notices under planning legislation,

as further detailed in section 5 of that Policy Letter and to provide for all necessary related provisions as set out in that section.

2. To direct the preparation of such legislation as may be necessary to give effect to their above decisions.

The above Propositions have been submitted to His Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1)(c) of the Rules of Procedure of the States of Deliberation and their Committees.

 

 

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P.2022/100 - Proposals for Provisions to Address Land which is Affecting the Amenity of an Area

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