The Planning Panel was established in April 2009 under the Land Planning and Development (Guernsey) Law, 2005 as an independent statutory body to determine appeals against planning decisions made by the Development & Planning Authority. From October 2017, the Panel will also handle appeals against decision s made by the Development & Planning Authority under the High Hedges (Guernsey) Law, 2016.
The Planning Panel
- The Planning Panel's Chairman is Mr David Harry and he also sits as an ordinary member on Planning Tribunal. Mr Stuart Fell is the Panel's Vice Chairman and he sits as a professional member and presides at Planning Tribunals.
- Mr Jonathan King and Mrs Linda Write are also professional members and preside at Planning Tribunals.
- The other ordinary members are Advocate Mark Dunster, Mr George Jennings and Mr John Weir.
- A Planning Tribunal is made up of a professional member and two ordinary members.
- Ms Elizabeth Dene is the Panel's Secretary and acts as the first point of contact for anybody considering an appeal.
Planning Appeals during COVID-19 Pandemic Restrictions
- The Planning Panel is continuing to accept planning appeals during the COVID-19 pandemic restrictions which the Civil Contingencies Authority has introduced. Anybody wishing to appeal a decision of the Development & Planning Authority should, in the first instance consult the guidance notes and other information on this website.
- The Planning Panel's Secretary is available to answer any questions and can be contacted by email - email@example.com or in writing: Secretary to the Planning Panel, Sir Charles Frossard House, La Charroterie, St Peter Port, Guernsey GY1 1FH.
- The procedures for the conduct of appeal hearings, including site visits, have been modified and adapted to ensure compliance with the COVID-19 related emergency regulations. In the first instance, the Panel's Chairman will review all appeals to see whether a case may be determined on the papers and without the need for a public hearing or a site visit. It should be noted that in the majority of cases, a site visit is an essential part of the Tribunal's assessment of any planning appeal. Where the Panel believes this route for determining an appeal would be possible, the appellant and the Development & Planning Authority will be invited to make any representations on whether or not they would be content for their appeal to be heard in this way.
- The Panel has developed a procedure for remote hearings to enable it to continue to determine appeals in an open, fair and impartial way. The Panel is very mindful that any remote hearings, e.g. using video conferencing, must be fair for all parties, including any members of the public that may have an interest in the case and allow all parties to participate and so have confidence in the planning appeal process.
How to make a Planning Appeal
- Full details of how to appeal a planning decision (e.g. a decision refusing an application for planning permission, the issue of a Compliance or Completion Notice or the decision to add a building to the List of Protected Buildings or to make a tree subject of a Tree Protection Order), together with details of the relevant legislation, can be found in the attached guidance notes.
- Anybody considering appealing a planning decision of the Development & Planning Authority should read the guidance notes before submitting their appeal.
- The appeal forms can also be downloaded from this site and contain details of the information which must be included with any appeal.
- A Planning Tribunal can only consider an appeal against a refusal of planning permission on the basis of the materials, evidence and facts before the Development & Planning Authority at the time it reached its decision.
Planning Appeal Decision Notices
- The outcomes of the appeals can be found by following this link
Appeals in respect of Building Regulations
- Unlike other appeals which can be made under the Land Planning and Development (Guernsey) Law, 2005 ("the Law"), appeals linked to Building Regulations are determined by an independent Adjudicator who is appointed by the Committee for the Environment & Infrastructure based on their qualifications and experience relating to building regulations.
- Although the Planning Panel's clerk provides the administrative support for the Adjudicator, the Planning Panel itself does not have any responsibility in respect of this category of appeals.
- The appeal provisions are set out in Part II of the Land Planning and Development (Appeals) Ordinance, 2007 ("the Appeals Ordinance). Section 10 provides a right of appeal in relation to the requirements of the Building (Guernsey) Regulations, 2012.
- The appeal period is relatively short for this class of appeals and is 28 days for the relevant decision date.
- More detailed guidance can be downloaded from this page.
Appeals under the High Hedges (Guernsey) Law, 2016
- Full details of how to appeal a decision under the High Hedges (Guernsey) Law, 2016, can be found in the attached guidance notes.
- Anybody considering appealing a decision of the Development & Planning Authority in respect of a complaint about a high hedge should read the guidance notes before submitting their appeal.