Planning and Construction

 
“Spending money for strategic legal advice at the outset will save you time and money in the future”
 
 
Planning and Construction is important to islanders and businesses alike, especially with the limited supply of land on Jersey. In most cases lawyers are not needed in this process, however, there are times when strategic legal advice is key in achieving success, whether it is business related or for domestic purposes. Being proactive by getting legal advice may save a lot of time and money in the long term of a project.
 
We are experienced in giving proactive legal advice based on commercial thinking and outcomes at all levels, from the pre-planning application stages ie the drafting of plans pre-submission to the Planning and Environment Department, assistance with drafting leases/service contracts, representation and advice in relation to the Planning Applications Panel, to the contentious side of planning ie Planning Appeals, Article 21 Applications to have conditions varied or removed from Planning Permits and Third Party Planning Appeals.
 
Pre-Planning Applications
 
At Sinels we understand the guidelines which the Planning Department seek to apply when looking at planning applications. Together with your architect, we can offer advice in relation to the application itself and the levels of detail which are required. We also understand the Island Plan which will impact on the type of development you may have permission to build.
 
Planning Application Panel Meetings
 
Having submitted your application, we can offer support and representation at the Planning Application Panel meetings, where your application is discussed in a public forum and a decision made as to consent. We are experienced in understanding the guidelines which the said Panel need to follow and can ensure that only relevant considerations are considered to ensure the best possible chance of success.
 
Planning Appeals and Third Party Appeals
 
Te Planning and Building (Jersey) Law 2002 has simplified the appeals procedure and we are experienced in providing strategic advice and representation at this level.
 

Our experience extends to:

  • Planning appeals (both under the modified and non modified procedure) to appeal the decision of the Planning Applications Panel.
  • Third Party Planning Appeals, where you are not party to the planning consent,  however, the decision impacts on you.
  • Article 21 Applications to have a condition varied and/or removed from planning consents.
Mediation/Arbitration
 
As part of the dispute resolution services offered by Sinels, we have experience in mediation and arbitration as a means of resolving contentious matters, including negotiations with the Planning and Environment Department, disputes with neighbours and/or developers or contractual disputes between building contractors.
 
Drafting Leases/Contracts
 
We have experience in drafting commercial leases and service contracts with suppliers and contractors. Drafting contracts and ensuring that the terms of agreement are clear from the outset are important and may avoid disputes in the long term.