A leading Jersey ecologist has accused the government of making changes taking the Island’s planning system “back to where it was more than 10 years ago” after changes were made to wildlife survey requirements.
Piers Sangan, director and ecologist at Sangan Island Conservation, made the comments after Senator Sir Mark Boleat took on the newly-created role of Planning and Regulation Minister and announced changes to the validation process for planning applications.
The new arrangements will be monitored over the next six months, to ensure they are delivering the intended benefits for applicants and decision-makers
government statement
The government has said that the revised checklist, which came into effect towards the end of last month, forms part of the minister’s programme to “modernise Jersey’s planning system”.
“Applicants will now be asked to provide straightforward information on design, drainage and biodiversity at the point of submission,” the statement explained.
“This information can be prepared by applicants themselves and is intended to reduce delays caused by missing or incomplete information later in the process.”
The statement went on to note that the circumstances in which specialist reports are required have been reviewed, meaning documents such as arboricultural assessments and bat surveys will now only be requested “where they are relevant to the proposed development”.
“New digital tools are also being introduced to support officers carrying out validation and consultation activities, helping to improve consistency and efficiency across the planning service,” it continued.
“The new arrangements will be monitored over the next six months, to ensure they are delivering the intended benefits for applicants and decision-makers.”
What does this mean for ecology surveys?
Mr Sangan explained that a wildlife check list forms part of the application process.
“This is a self-assessed form,” he continued.
“Depending on the selection made on the wildlife checklist it may indicate that the applicant should have a Preliminary Ecological Appraisal (PEA) undertaken.
“A PEA must be undertaken by a suitably qualified person to industry standards to support the application.”
It does state that in some cases full surveys may be required before validation ‘where relevant’ however there has been no clarification provided on who is determining this and what that criteria may be
Piers Sangan, Sangan Island Conservation
Mr Sangan noted that a PEA is not normally supposed to form part of a planning application, highlighting that it is “only intended to further inform the design process” and “to highlight if further information is required in relation to a protected species”, which can include birds such as barn swallows, as well as plants, insects and bats.
“However, the new process brought forward by the Planning Minister now requires the PEA report to form part of the planning application with any recommendations from the report being conditioned instead of being completed upfront to provide robust evidence to support an application,” he added.
“It does state that in some cases full surveys may be required before validation ‘where relevant’ however there has been no clarification provided on who is determining this and what that criteria may be.”
Mr Sangan argued that “this reversion to conditioning of ecological surveys takes Jersey back to where it was more than ten years ago” and that it is “standard” for countries across Europe to insist that ecological information be provided prior to determination of a planning application.
“The new guidance is at odds with the policies of the Bridging Island Plan (2022) and is questionable concerning compliance with international conventions.”
Mr Sangan warned that there was a risk that clients could breach the Wildlife Jersey Law (2021) should works to a property start prior to the surveys being undertaken and discharged.
“This could find them open to unlimited fines and up to two years in jail,” he added.
“Secondly, and contrary to the message being portrayed by the minister, this process can take more time and be more costly to clients.”
The general expectation is that applicants will comply with planning conditions
Planning Department statement
In response, the Planning Department stated that the applications team had worked with statutory consultees, including the Natural Environment Team, to refine the validation checklist.
“The new information requirements ensures a proportional approach to at the application submission stage,” it continued.
“In instances where concerns are raised during the application process, planning officers may request further or additional information as allowed under Article 9(6) of the Planning and Building (Jersey) Law 2002.
“In terms of the planning conditions, the general expectation is that applicants will comply with planning conditions.”
The department highlighted that the public can report any suspected breaches of conditions attached to permissions to the compliance team and added that: “Separately, applicants will be made aware of their separate responsibilities under the Wildlife (Jersey) Law 2021 to protect wildlife and the environment.”
