MOST planning-law prosecutions should not come to court. An advocate believes that the current laws are outdated and wants the Environment Department to bring forward new legislation that would streamline procedures.

Advocate Julia White believes that it is neither practical nor necessary for most people who break planning laws to face criminal prosecution.

She said that only persistent or blatant offenders should go to court.

A rectification system should be set up so that minor cases could be dealt with more quickly.

The IDC was set, in February 2003, to ask the States to introduce new legislation which included changing the way lawbreakers would be dealt with.

But it had to delay after HM Procureur advised that some issues required further consideration.

Environment minister Bernard Flouquet said that his department regarded the changes as ‘a top priority’ but was yet to finalise the law.

Advocate White has called for the States to implement it as soon as possible.

‘The delay in bringing the law out is turning people into criminals where they may not be in the future,’ said Advocate White.

‘People must realise that they cannot develop without planning permission and expect to get away with it.

‘But a lot of people are understandably concerned that they are being prosecuted at the moment and asking why they have to be given a criminal conviction. I have a certain amount of sympathy with them.

‘It is in the hands of the States to get the law passed so that it becomes purely an administrative matter.’

The current system means that if islanders fail to comply with planning regulations, they are prosecuted through the Magistrate’s Court.

Rectifying illegal development can be ordered only by the Royal Court after prosecution.

Advocate White said that a new system should allow offenders to be ordered to put right work done without permission. It would still be unlawful, but not necessarily criminal.

The Environment Department is looking to take the issue to the States this year.

‘Not only will it provide a much better basis for planning in the island, but it will assist the department in becoming much more effective in protecting and enhancing the island’s natural and built environment and facilitating sustainable development,’ said Deputy Flouquet.

Speaking after defending a recent Magistrate’s Court case, Advocate White said that it was important for the public to realise that, under the current system, those guilty of breaking planning laws still faced having to rework the offending developments in line with Environment’s plans.

‘There is a belief that people can pay a fine and that they have paid their dues, but that is far from the case.’

Her client, Paul Belair, of Les Ajoncs d’Or, Rue des Mares, St Saviour’s, admitted carrying out a development which failed to comply in every detail with the written application and drawings.

Mr Belair made amendments to approved plans for a packing shed, including replacing a garage door with a small door and window.

The prosecution said that it had been made to look like a house but Advocate White denied the claim. Assistant-Magistrate Cherry McMillen agreed that there was no motive to turn the shed into a house.

Mr Belair was fined £400 for the alterations.

He also admitted erecting an oil tank in the property’s driveway and he was fined a further £300.

Advocate White said that had her client been attempting to turn it into a house, in all probability he would have been fined much more – it could be up to £5,000.

But he now faces the prospect of having to rectify the developments.