Developers to have more guidance on planning obligations

Sunday 13 August 2017

Developers will now have “fair, consistent and transparent” guidance about their planning obligations.

After a period of public consultation, The Minister for the Environment, Deputy Steve Luce, has adopted and published revised planning guidance on the use of Planning Obligation Agreements (POAs).

This revised Supplementary Planning Guidance has been published after the public’s comments about draft guidance were reviewed.

POAs are legal agreements made between the Minister and a developer, to offset the direct impact of a new development on the surrounding environment or infrastructure. They ensure that the work or the funds required to ensure the development permissible is provided by the developer.

Although guidance regarding the use of POAs has been in place since 2008, it has now been updated to reflect the requirements of the revised 2011 Island Plan.

Pictured: An infographic from the Supplementary Planning Guidance explaining the function of POAs.

After consultation, it was decided that a proposed legal and administrative charge associated with the preparation of POAs wouldn’t be included in the guidance. This was due to a lack of general support and further consideration of the implications of the charge.

Minister for the Environment, Deputy Steve Luce said: “I am pleased to be adopting this new guidance, which I believe will greatly help the development industry and my Department in delivering Planning Obligation Agreements in a way that is fair, consistent and transparent.

"Planning Obligation Agreements play a big role in facilitating new development whilst also ensuring that the needs of the environment and communities are not compromised as a result of the additional pressure that new development inevitably brings to an area; we need to make sure we are getting them right.

“I think the public consultation went very well; we considered in excess of over 50 unique points prior to the adoption of the new guidance and I had the opportunity to meet with industry leaders to hear their views. I see this guidance as a real positive step towards making the planning system easier to navigate, for all.”

Visit the States of Jersey website to read the new guidance.