Land Planning and Development (Local Planning Briefs) (Guernsey) Law, 2013

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PROJET DE LOI

ENTITLED

The Land Planning and Development (Local Planning Briefs) (Guernsey) Law, 2013

THE STATES, in pursuance of their Resolution of the 27^th February, 2013[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Islands of Guernsey, Herm and Jethou.

Revival of Bouet and Glategny Esplanade deemed Local Planning Briefs.

1. (1) Notwithstanding sections 13 and 14 of the Land Planning and Development (Plans) Ordinance, 2007 ("Plans Ordinance")[b], the deemed Local Planning Briefs specified in subsection (2) shall have effect for the period set out in subsection (3) as if they had not expired or been subject to review under those sections 13 and 14.

(2) The deemed Local Planning Briefs referred to in subsection (1) are the outline planning briefs for -

(a) Le Bouet Mixed Use Redevelopment Area[c], and

(b) Glategny Esplanade Mixed Use Redevelopment Area[d],

which are deemed to be Local Planning Briefs in accordance with section 7(2) of the Principal Law.

(3) Subject to section 2, the period referred to in subsection (1) is 3 years beginning on the day this Law comes into force, unless the States resolve within that 3 year period to further extend a deemed Local Planning Brief in which case the deemed Brief in question shall have effect until the date specified in that resolution.

(4) During the 3 year period specified in subsection (3), despite section 14 of the Plans Ordinance, the deemed Local Planning Briefs referred to in subsection (1) need not be reviewed but if a brief is further extended by resolution of the States under subsection (3) that brief must be reviewed, in accordance with section 14 of the Plans Ordinance, as soon as reasonably possible after the date of the States resolution in question.

Deemed Local Planning Briefs.

2. Notwithstanding section 13 of the Plans Ordinance or section 1 of this Law, where a Development Plan is replaced or amended under the Principal Law so as to omit all references in the policies in the Development Plan to an outline planning brief which is a deemed Local Planning Brief by virtue of -

(a) section 7(2) of the Principal Law, or

(b) section 19 of the Plans Ordinance,

that Local Planning Brief shall cease to have effect from the date of the adoption by the States of the replacement Development Plan or the amendments, as the case may be.

Interpretation.

3. (1) In this Law, unless the context otherwise requires -

"enactment" means any Law, Ordinance or subordinate legislation,

"Plans Ordinance" means the Land Planning and Development (Plans) Ordinance, 2007,

"Principal Law" means the Land Planning and Development (Guernsey) Law, 2005[e],

"subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any enactment and having legislative effect,

and other expressions, unless the context otherwise requires, have the same meaning as in the Principal Law.

(2) Any reference in this Law to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied.

Citation.

4. This Law may be cited as the Land Planning and Development (Local Planning Briefs) (Guernsey) Law, 2013.

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[a]	Article I of Billet d'État No. IV of 2013.
[b]	Recueil d'Ordonnances Tome XXXII, p. 257 as amended by Tome XXXIII, p. 171.
[c]	As adopted by resolution of the States of Guernsey (see Billet d'État No. XVIII of 1998).
[d]	As adopted by resolution of the States of Guernsey (see Billet d'État No. VII of 1999, p. 209).
[e]	Order in Council No. XVI of 2005. Section 7(2) and other relevant parts of the 2005 Law were amended by section 18 of the Land Planning and Development (Plans) Ordinance, 2007 (Recueil d'Ordonnances Tome XXXII, p. 257). There are other amendments not relevant to this Law.