If a planning application is refused, or granted with conditions you cannot work with, you can appeal. The appeal is lodged with the Planning Tribunal at the Judicial Greffe and decided by the Minister for Planning and Regulation on the recommendation of an independent inspector (https://www.courts.je/tribunals/planning-appeals/planning/). Whether the issue is a refusal, a condition, an enforcement notice or the listing of a building, the appeal procedure and the 28-day deadline matter. solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Who decides a planning appeal in Jersey
The Minister for Planning and Regulation decides planning appeals, on the recommendation of an independent planning inspector. The appeal itself is lodged with the Planning Tribunal, part of the Judicial Greffe's Tribunal Service, which runs the administration. The rules are in Part 7 of the Planning and Building (Jersey) Law 2002.
Under Article 116, the Minister must follow the inspector's recommendation unless satisfied there are reasons not to. Where the Minister departs from it, the notice of decision must give full reasons.
Can you appeal?
Article 108 lists the decisions that can be appealed, and who counts as a "person aggrieved". For a homeowner, the most common routes are:
- a refusal of planning permission, including for work already carried out
- a refusal to remove or vary a condition on an existing permission, or a condition you think is not appropriate
- a notice requiring action, such as an enforcement notice (Article 109)
- the listing of a building, place or tree, or a refusal to remove one from the list
- a refusal of building bye-law permission or of a certificate of completion
Objecting to a neighbour's permission
A third party can appeal against a grant of permission, but only within tight limits. The person must have an interest in, or live on, land within 50 metres of the application site, and must have made a written representation before the application was decided (Article 108(4)). Someone who did not comment on the application cannot appeal later.
The appeal, step by step
- Lodge the form within 28 days. Article 112 requires the notice of appeal to reach the Greffier by the end of 28 days beginning with the date of the decision. The Tribunal Service guidance gives an example: a decision dated 1 January must be appealed before the end of 28 January. Include the decision notice, the fee, and for a third-party appeal a copy of your representation.
- List every issue on the form. You do not need to argue each point yet, but an issue left off the form can only be added later with the inspector's express permission.
- Notices go up. The site owner displays a site notice for 21 days, and a notice appears in the Jersey Gazette. The public can comment within those windows.
- Statements of case. From the start date, each party has 28 days to submit its full arguments and evidence, then 14 days to comment on the others'.
- Site visit and hearing. The inspector visits the site and decides whether the appeal proceeds on written representations or at a public hearing.
- Report and decision. The inspector reports to the Minister. There is no set timeframe for this stage. The report and decision are published on the planning register.
What happens while the appeal is pending
Article 117 sets the position. A refusal stays in effect until the appeal is decided. Where a neighbour appeals against a grant of permission, the development cannot start until the appeal is decided.
Most notices requiring action stop having effect while an appeal against them is pending. A stop notice is the exception: it stays in force.
After the Minister's decision
There is no further appeal on the planning merits. Article 116 allows an appeal to the Royal Court on a point of law only, made within 28 days beginning with the date of the Minister's determination. The Royal Court can confirm the decision, quash it, or send it back to the Minister to be retaken.
Practical points before you start
- Use a separate appeal form for each decision you want to challenge.
- Everything submitted is published on the planning register, so only include material you are content to see in public.
- Appeal fees vary by appeal type and are non-refundable once the appeal is validated. Check the current fee table before filing.
- Have the decision notice, the plans and any representations to hand when you speak to an advocate.
solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Planning Appeals Tribunal (Personal) Asked Questions
Here are answers to common questions about planning appeals in Jersey. If you would like to be pointed towards a Jersey firm that handles planning appeals, use the form above.
What types of personal planning disputes can Jersey Advocates handle?
Personal planning appeals can include refusals of permission, conditions, enforcement notices, and third-party appeals against a neighbour's permission, which are open only to people with an interest in or living on land within 50 metres of the site who made a written representation before the decision (Article 108, https://www.jerseylaw.je/laws/current/l_36_2002).
Can I appeal a personal planning decision if the Jersey Planning Department has already issued a formal refusal?
Yes. The notice of appeal must reach the Judicial Greffe's Tribunal Service by the end of the 28 days beginning with the date on the decision notice (Article 112, Planning and Building (Jersey) Law 2002, https://www.jerseylaw.je/laws/current/l_36_2002). Advocates can analyse the planning policies used to issue your refusal and advise on the grounds of appeal.
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