In a move to address long-standing frustrations with the Island’s planning system, Jersey’s government has embarked on a comprehensive reform agenda that promises to streamline the development process while balancing the need to preserve the Island’s unique heritage. At the forefront of these efforts is Andrew Marx, the head of development and land at the Department of Infrastructure and Environment, Regulation Directorate, who sat down for a Bailiwick Podcasts interview with Tom Innes to discuss progress made and what lies ahead
What are the key priorities the government has set for improving the planning service?
When the new Environment Minister, Deputy Steve Luce, was appointed in early-2024, three big commitments were added to the reform agenda:
- Reviewing the planning appeals process.
- Making it easier for people to build structures without planning permission through permitted development.
- Examining how the Island Plan is made and how it impacts planning applications.
“The service improvements that we’ve been trying to bring in for a while now really landed properly in early-2023 with the MacKinnon report that was delivered to the then-minister. We’ve been busy implementing those, and there was a long list of things that we were committed to doing,” Andrew explained.
What progress has been made so far in implementing these changes?
Great efforts have so far been made to reduce the backlog of planning applications, increase the proportion of applications determined within set timelines, and boost the rate of planning permissions granted.
But one element that has been key for Andrew is industry engagement.
He said: “I’m personally very excited about [it], because it’s given me the opportunity in the year and a bit that I’ve been here to go around and see all the architects and developers and people who we deal with, sometimes on a daily basis.”
This improved engagement has led to better communication and collaboration with industry partners, and the establishment of an Industry Partnership Board, Andrew noted.
How does Jersey’s planning system compare to the UK, where you previously worked?
The “sunny” weather and “courteous” nature of drivers on the road were some of the first things Andrew said he noticed upon moving to the Island – as well as the similarities in the principles underlying planning process.
Among those similarities were Jersey’s “green zone” and the “green belt” in the UK, Andrew explained.
“Large swathes of the UK have got green-belt constraints in terms of development, and the constraints it places on especially small villages and towns means there’s a lot of development that needs to be concentrated in that, so that’s similar.”
However, Andrew explained that the smaller scale of Jersey and the single layer of government, as opposed to the multiple tiers in the UK, created some unique opportunities.
Another area he noted was the importance placed on maintaining the Island’s unique heritage, and the need to balance preservation with development.
What changes have been made to address concerns about unnecessary rules, such as restrictions on replacing windows?
The minister recently introduced two key revisions to planning guidance as part of the government’s Common Strategic Priority to reform the Island’s planning service. The first was removing the 3,000sq/ft floorspace limit on new residential developments – a restriction introduced by the previous administration.
Another key change was to allow for greater flexibility for windows and doors in listed buildings, something Andrew said industry had been talking about “for a long time” and the minister was particularly “keen” to achieve.
It means that owners of heritage properties will no longer be expected to go back to original windows, as long as the replacement is respectful of the heritage of the building and brings a benefit, such as better insulating the property.
How is the Planning Department working to give more weight to economic considerations in decisions?
In addition to the Environment Minister and Sustainable Economic Development Minister remaining in “regular contact”, Andrew explained that members of his team had been working with their Future Economy counterparts for more than a year now to “lift the profile of economic benefit and the future economy during the course of planning applications”, noting that they now regularly provide “formal feedback” on applications where there is a particular economic benefit.
He acknowledged the need for clear, data-driven evidence to support economic arguments in the planning process.
How does Planning respond to concerns from businesses about the planning process being too expensive and time-consuming?
While Andrew admitted that some might find planning fees “high”, he said there was a wealth of other services provided for free that aimed to help applicants navigate the planning process more efficiently and reduce costs.
Among those is the pre-application service, giving a “massively increased chance at a positive outcome”, according to Andrew, who noted that there has been an almost 10% rise in planning permissions being granted in the past year.
“That’s the beauty of it – it’s free, so we don’t charge for it. You can come and speak to us in whatever stage your project is, whether it’s well-developed drawings or, actually, if you’ve just got a concept. We can then have a chat with you about the specific issues that you want our advice on. It’s without prejudice.
“It’s a safe space where we sit down with a pen and pencil with you, scribble on a piece of paper, and give you advice about whether you’re going to need specialist input around economic impacts or impacts on wildlife.”
How do you feel about the direction Planning is taking?
Looking ahead, Andrew expressed optimism, with the reforms undertaken over the past year laying the groundwork for a more efficient, responsive and balanced approach to development in the Island.
He said he was proud of the department’s efforts to improve the timeliness of planning decisions, with the goal of determining 85% of all applications within the set timelines of eight weeks for smaller applications and 13 weeks for larger ones.
“A year or so ago, we were struggling to hit around 70%. We’ve brought that up to over 80% in the past nine to ten months, and we’re maintaining it at a high level. I think in the last few months, there were weeks where we were almost 90%, so that’s really good,” he said.
The rate of planning permissions granted has also seen a significant increase.
“When I joined government, it was just above 70%, I believe,” he noted, adding that there had been “a lot of work” since then to assist applicants in getting the best possible chance of a positive outcome. Now, he says, “we’re hovering at well over 80%.”
While work is continuing, the motivation and engagement from industry partners has been positive – momentum Andrew said he hoped to build on to deliver an even better service.
Listen to the full podcast here.
