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Thursday 19 January 2017

Most of Guernsey's economic indicators are continuing to show positive trends, latest data has revealed.

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Monday 16 January 2017

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Planning and building permissions

Contact Us - Planning and Building

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Planning and Building Control both process and determine applications in accordance with the requirements of Land Planning and Development Law and Building Regulations. This page provides information regarding submitting an application for planning permission and building control approval along with information regarding the application process.

Do I need Planning/Building Permission? offers advice and guidance regarding whether your proposals need permission.

Please note that applications for planning permission are separate to applications under Building Regulations.

  • Planning Application Form and Guidance

  • Planning Application Fees

    • Payment may be made by cheque payable to 'The States of Guernsey', in cash in person at Sir Charles Frossard House or by credit/debit card. A charge of 2% will be added to all credit card transactions to cover costs. There will be no charge for using debit cards. We are unable to accept American Express, Diners Club or JCB cards. Receipts will be issued for all payments and it is important you retain all receipts so you can refer to them in the event of a query.
    • pdf icon Planning Fees Supplementary Guidance Fee Sheet - 2015 [116kb] is available to assist in the calculation of your application fee
    • pdf icon Planning Fees Schedule - 2015 [1Mb] includes guidance on how to calculate your planning application fee
    • pdf icon FAQ Planning Fees [426kb] provides advice in connection with some of the most frequently asked questions regarding application fees
    • A fee is charged for a planning application and the cost varies depending on the type of proposal. You will have to pay a fee for a planning application, unless you are entitled to an exemption or concession.
    • If you require assistance in order to calculate the correct application fee please contact the Duty Planning Officer.
  • Planning Application Decisions

    • You can track the progress of an application online.
    • See the pdf icon planning application flow chart [279kb] for details of the application process. Please note that Environmental Impact Assessment applications and those requiring a Planning Covenant will not precisely follow this application process route.
    • All planning applications for development have to be dealt with consistently, in line with planning law and planning policies. The Island Development Plan 2016 contains the planning policies for the Island.
    • A decision on a planning application can be made in one of two ways:
    • 1) Delegated decision: The majority of planning applications are dealt with in this way, whereby authority to make the decision other than in certain specified circumstances is delegated by the Development and Planning Authority to the Head of the Planning Service.
    • 2) Open Planning Meeting Decision: At political level, the decision is taken by the elected members of the Development and Planning Authority at their regular Open Planning Meetings. Applications decided upon in this way may, for example, be particularly contentious or involve a minor departure from the Authority's established policies. A Planning Officer will always make a formal recommendation and offer professional advice to support members in making their decision.
    • There are a number of outcomes from the decision making process and once the decision has been made a decision notice is produced as soon as possible (usually within 3 working days) which is then sent to the applicant, or agent where one has been appointed. Our website will also be updated with a copy of the decision notice following its issue by post.
    • i) Planning permission is granted: subject to conditions (including conditions limiting the period for which the permission is effective). A planning permission may have conditions attached which need to be complied with before works may commence (for example, details of landscaping may be required for approval). There is no fee for an application to discharge a condition. Planning approval normally runs with the land and conditions may continue to apply even once the development has been completed.
    • ii) Outline permission is granted: subject to conditions (that is, planning permission subject to the reservation of particular matters for subsequent approval)
    • iii) Planning permission is refused: as the applicant you have the right to appeal to the Planning Appeals Panel if you disagree with the decision to refuse your application, or a condition attached to a decision to permit your application.
  • Planning Appeals

    • Further information regarding can be found here.
  • Minor Amendments to Planning Permissions

    • In some instances it may be necessary or desirable to amend details approved as part of a planning permission, please see pdf icon Guidance relating to Minor Amendments to Planning Permissions [39kb] for information.
    • Please note that this procedure relates only to cases where the development has started in accordance with a valid planning permission or development has not started and the period allowed for a start has not expired.
    • You may wish to submit a pdf icon pre-application enquiry [418kb] in order to establish whether a new planning application is required for the proposed amendments.
    • If you are not the owner of the property or land please ensure you have owner's authority. Please submit the completed and signed pdf icon Owners Declaration [106kb] with your enquiry.
    • A request for a minor amendment must be made in writing, please ensure that:
    • ⇒ a covering letter includes details of the proposed changes
    • ⇒ two copies of the amended plans are provided with your request
    • ⇒ the proposed changes are clearly highlighted on the submitted plans
  • Dower Units/Annexe Accommodation

    • IMPORTANT NOTICE: Please note that the guidance in this section is currently under review. The guidance document  in this section relates to the policies of the superseded Urban Area Plan and Rural Area Plan and may not be relevant or consistent with the policies of the newly adopted Island Development Plan 2016. Please refer to the relevant policies and Annexes of the Island Development Plan 2016 and contact the Planning Service should you require further information before submitting a planning application.
    • pdf icon AN1 Dower Units [523kb] provides advice about the way planning applications for dower units will be considered. A dower unit is normally considered to be part of or an addition to a house used for the accommodation of dependent relatives. It usually takes the form of an extension but may comprise a converted outbuilding. Alternative names include a granny annexe or granny wing.
  • Change of Use of Visitor Accommodation

    • pdf icon Draft Supplementary Planning Guidance for Visitor Accomodation [292kb]sets out detailed advice and guidance on the land use planning policy approach which is currently taken by the States of Guernsey towards proposals which involve the change of use of existing visitor accommodation be that hotel, guest house, hostel or self-catering accommodation, and relates to the policy position under the Island Development Plan, 2016. Following public consultation, this draft guidance will be considered by the Authority and the final version is expected to be approved and published by the end of 2016.
  • Minor/Occasional Use as guest accommodation

    • There is provision for you to operate a bed and breakfast from your home (your permanent residence) without requiring planning permission for a change of use.
    • The primary use of the dwelling should remain as your home and in addition there must not be a material change of use of the property having regard to the number of rooms in use for bed and breakfast purposes and comings and goings associated with this use.
    • For example, one bedroom in a three bedroom dwelling could be used for bed and breakfast accommodation without resulting in a material change of use requiring planning permission. Use of two bedrooms and a separate sitting/dining room for bed and breakfast accommodation would require planning permission as this would amount to a material change of use of the dwelling.
    • Your home (your permanent residence) can be used as a holiday let, for example if you rent your house out when you are on holiday away from the Island, for six to eight weeks over the course of a single year on the proviso that any period of lets does not exceed a continuous period of 28 days.
    • Please note
    • ⇒ there may be a separate requirement for a Boarding Permit from the Committee for Economic Development and it is recommended you contact them regarding your proposals.
    • ⇒ a separate enquiry should also be made to Building Control to ensure compliance with the Building Regulations before the use commences.
  • Planning Use Classes

  • Al-fresco Licence Applications

    • Applications for "al-fresco" licences are made to the Royal Court under the Public Highways (Temporary Closure) Ordinance, 1999, as amended (the "Ordinance").
    • The al-fresco licence application must contain the following:
    • (a) the full name and address of the applicant;
    • (b) the location of the area of the public highway for which the application is made ("proposed area"); and
    • (c) full details of-
    • I. the purpose,
    • II. the hours of the day, and
    • III. the days of the year,
    • for which the "al-fresco" licence is being sought.
    • Under the Ordinance, at least 28 clear days prior to the date in which the application is made to the Royal Court, an applicant must send a notice containing specific details (see below) of the proposal to:
    • ⇒ The Parish Constables of the Parish in which the proposed area is located
    • ⇒ The Committee for theEnvironment & Infrastructure - Traffic & Highway Services (located at Bulwer Avenue, St Sampson)
    • ⇒ The Committee for theEnvironment & Infrastructure - Planning Service (located at Sir Charles Frossard House, St Peter Port)
    • ⇒ The Committee for Economic Development (located at Raymond Falla House, St Martin)
    • ⇒ The Committee for Home Affairs (located at Sir Charles Frossard House, St Peter Port)
    • The details to be supplied include:
    • 1) A plan, drawn to scale, showing the proposed dimensions and layout of the proposed area, indicating positioning of tables, seating and other items of furniture and any means of marking the extent of the proposed area;
    • 2) A full description of the tables, seating and other items of furniture proposed to be placed in the proposed area, which may include photographs, drawings or other visual representations;
    • 3) Full details of any proposed screening, awnings or other means of enclosure and of any other fixtures and fittings;
    • 4) Full details of the date and time of the proposed application.
    • On two weekly occasions prior to the proposed application, an applicant shall cause a notice to be published in La Gazette Officielle setting out the details required in the notice above and a statement indicating that further details of the proposed application, including plans, may be inspected at the premises of the Constables of the Parish in which the proposed area is situated.
    • Unless an "al-fresco" licence is already in force in respect of the proposed area, an applicant shall cause a notice containing the details set out in the Gazette Notice to be affixed on or near premises in the vicinity of the proposed area in question in such a manner as to be easily read by a person in a public place adjacent to those premises for 14 clear days prior to the date of the proposed application. An applicant in respect of a proposed area which is not adjacent to premises over which he exercises control is not required to comply with this requirement.
    • The Committee for the Environment & Infrastructure will, along with the other bodies mentioned above to which notice must be sent, provide reports for presentation to the Royal Court. Notice should be sent separately to Traffic & Highway Services (located at Bulwer Avenue, St Sampson) and the Planning Service (located at Sir Charles Frossard House) and separate reports will be provided by those Services on behalf of the Committee for the Environment & Infrastructure.
    • The general aim of al-fresco licensing is to increase the enjoyment of locations for visitors and residents by providing additional facilities and improving the atmosphere and attractiveness of outdoor areas. It is intended that outdoor seating and dining areas should provide safe, high quality facilities without undue clutter and without detracting from the character and pleasantness of an area.
    • Potential matters to be addressed in reports provided by Traffic & Highway Services and the Planning Service on behalf of the Committee for the Environment & Infrastructure may include:
    • ⇒ Maintaining unobstructed access for pedestrians and other traffic
    • ⇒ Maintaining unobstructed emergency exits/means of escape from buildings
    • ⇒ Adequacy of toilet facilities
    • ⇒ Avoiding hazard to public safety
    • ⇒ Visual impact of an al fresco facility in the location proposed
    • ⇒ Extent and means of marking of the al fresco area
    • ⇒ Design and appearance of tables, seating and other items of furniture
    • ⇒ Details of any proposed screening, awnings or other means of enclosure
    • ⇒ Avoiding poor quality, cluttered or obtrusive elements
    • ⇒ Controls on signage or other advertising material
    • ⇒ Ensuring that approved items are removed outside of the permitted al fresco period
    • The above is general guidance only and does not constitute legal advice. Applicants are advised to refer to the relevant Legislation; link to the Guernsey Legal Resources website: The Public Highways (Temporary Closure) Ordinance, 1999.
  • Environmental Impact Assessments (EIA)

    • IMPORTANT NOTICE: Please note the guidance in this section is under review following the change in government structure and will be updated shortly.
    • Since April 2009, it has been a legal requirement in Guernsey for certain types of development project to undergo EIA pdf icon PN4 Brief guide to EIA [210kb] before a decision is made on whether consent should be given. EIA and preparation of an accompanying Environmental Statement is the responsibility of the applicant.
    •  
  • Building Control Guidance

  • Building Control Application Forms

  • Building Control Application Fees

    • Payment may be made by cheque payable to 'The States of Guernsey', in cash in person at Sir Charles Frossard House or by credit/debit card. A charge of 2% will be added to all credit card transactions to cover costs. There will be no charge for using debit cards. We are unable to accept American Express, Diners Club or JCB cards. Receipts will be issued for all payments and it is important you retain all receipts so you can refer to them in the event of a query.
    • pdf icon Building Regulation Schedule of Fees - 2015 [701kb]
    • A fee is charged for an application and the cost varies depending on the type of proposal. You will have to pay a fee for a Building Regulation application, unless you are entitled to an exemption or concession.
    • If you require assistance in order to calculate the correct application fee please contact the Duty Building Control Officer.
  • Building Regulations, Technical Standards and associated documents

  • High Hedge Applications

    • Most hedges provide a suitable garden boundary but they can have an adverse effect on the enjoyment of neighbouring property when they are not properly maintained or are allowed to grow too tall. Difficulties can also arise when trees and hedging which are not suitable for a particular location are planted. Some hedge species grow at a rapid rate and so can have adverse effects for those living in their shadow. In other cases the person planting the hedge is unaware of the size it may reach when mature.
    • Following the recent approval by the States the policy letter, draft High Hedges legislation will be drawn up by the Law Officers of the Crown and following further approval of the draft legislation by the States and Royal Sanction by the Privy Council the new Law will be introduced in due course. It is difficult at this stage to predict exactly when this might be, given the processes that must be followed to introduce the new legislation, but it is likely to be within the next 12 months or so.

 

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