Martyn Baudains
Partner | Legal
Guernsey
Partner
Guernsey
Big things are happening at Ogier. Change is embedded in everything we do. It is redefining our talent, our ways of working, our platforms of delivery, our culture.
Services
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Sectors
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Legal
Corporate and Fiduciary
Consulting
Banking and Finance
Corporate
Dispute Resolution
Employment law
Intellectual Property
Investment Funds
Listing Services
Local Legal Services
Private Wealth
Property law
Regulatory
Relocation Services
Restructuring and Insolvency
Tax
Banking and Finance overview
Asset Finance
CAYLUX Fund Finance
Debt Capital Markets
Derivatives
Fund Finance
Islamic Finance
Leveraged Finance
Listing services
Real Estate Finance
Regulatory
Restructuring and Insolvency
Structured Finance
Sustainable Finance
Corporate overview
Economic Substance
EIIS Services in Ireland
Equity Capital Markets
Insurance and Reinsurance
Listing services
Mergers and Acquisitions
Private Equity
Real Estate Structuring, Acquisitions and Disposals
Regulatory
Technology and Web3
Dispute Resolution overview
Banking Disputes
Corporate and Financial Services Disputes
Crypto Disputes
Enforcement of Judgments and Awards
Fraud and Asset Tracing
Funds Disputes
Insurance Disputes
International Arbitration
Regulatory
Restructuring and Insolvency
Section 238 Shareholder Appraisal Rights
Shareholder and Valuation Disputes
Trusts Disputes and Applications
Investment Funds overview
Hedge Funds
Managers and Sponsors
Private Equity
Real Estate, Infrastructure and Energy Funds
Regulatory
Sustainable Investing and Impact Funds
Technology and Web3
Local Legal Services overview
Cayman Local Legal Services
Channel Islands Local Legal Services
Employment law
Estate Planning, Wills and Probate
Expat services
Family Office
Intellectual Property
Ireland Local Legal Services
Make your Guernsey will online
Make your Jersey lasting power of attorney online
Make your Jersey will online
Notary public services
Property law
Relocation Services
Private Wealth overview
Employee incentives and pensions
Estate Planning, Wills and Probate
Family Office
Make a Jersey lasting power of attorney online
Make your Guernsey will online
Make your Jersey will online
Private Wealth and ESG
Private Wealth and Jersey Private Funds
Relocation Services
Trust Advisory Group
Accounting and Financial Reporting Services - Ogier Global
Cayman Islands AML/CFT training - Ogier Global
Corporate Services - Ogier Global
Debt Capital Markets - Ogier Global
Fund Services - Ogier Global
Governance Services - Ogier Global
Investor Services - Ogier Global
Ogier Connect - Ogier Global
Private Wealth Services - Ogier Global
Real Estate Services - Ogier Global
Regulatory and Compliance Services - Ogier Global
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.
Keep up to date with industry insights, analysis and reviews. Find out about the work of our expert teams and subscribe to receive our newsletters straight to your inbox.
Fresh thinking, sharper opinion.
We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone.
No Content Set
Exception:
Website.Models.ViewModels.Components.General.Banners.BannerComponentVm
Insight
28 February 2020
Guernsey
The Island Development Plan ("IDP" for short) was adopted by the States of Guernsey in 2016, it tells us what can be built, where, and to what use those buildings can be put. It is a guide to help the Island anticipate need for a built environment.
The policies within the IDP can be difficult to interpret, especially when dealing with larger sites which often have complex issues to consider. The IDP provides for some assistance to be given to developers and the public alike, and that assistance comes in the form of "Development Frameworks" and "Local Planning Briefs". As at today (February 2020) there are no current Local Planning Briefs, but they would be required where there are strategic land use implications, such as, in the past, Glategny Esplanade, Belgrave Vinery and Le Bouet.
Development Frameworks will be required where, for example, the intention is to undertake development in "Main Centres" (i.e. parts of St Peter Port and St Sampsons) where the proposals are for 10 or more dwellings, or for sites over 0.25 hectares (1½ vergées) or for proposals over 2,000 sq m of gross floor area. A Framework will also be required where development is in one of the "Local Centres" (parts of the villages of St Martin, Forest, Cobo, L'Islet, etc.) where proposals are for 5 or more dwellings, for sites over 0.125 hectares (3/4 of a vergée) or for proposals over 1,000 sq m of gross floor area. There are other areas where a Framework will be required and these can be found in Appendix III of the IDP, including any other area where the DPA specifies.
What goes into the Framework and who prepares it?
Although the Development and Planning Authority (DPA) takes ownership of the Framework, it can be prepared by a landowner or developer working with the DPA. An owner may decide to prepare their own Framework where the site is relatively straightforward and they would like to progress matters ahead of the DPA undertaking the work itself.
A successful Framework will, after a general statement of the aims of the Framework, a general background of the site and the relevant IDP policies, include (i) a map, drawings and a statement to indicate things such as buildings or other physical features within the site, the landscape character of the site and its surroundings (including trees and other landscape features within the site), the biodiversity of the site and its surroundings, etc. (ii) details about infrastructure, such as the availability of public utilities and other services and information about roads, and (iii) development guidelines such as land use principles, including preferred mix and balance of uses, compatibility of use within an existing area, phasing of larger schemes, general design approach, access and parking, including provision for pedestrians, disabled people and parking standards for cyclists, motorcycles and cars, etc.
When considering the Framework it is essential to have regard to policies surrounding sustainable design (such as GP8 Design and GP9 Sustainable Development).
Thankfully, the guidance from the DPA is that if you are preparing your own Framework keep it short and the point, remain objective and write in plain English. Importantly, do not be afraid to ask them questions, meet with them initially and keep the dialogue with them open.
For a simpler site the DPA suggest you might expect a Framework to take 4-5 months to prepare, or 12-18 months for a more complex site.
There are currently 18 approved Development Frameworks, 3 draft Development Frameworks where the consultation period has closed but they have not yet been approved and one, Leale's Yard, where consultation is still open.
Martyn Baudains
Partner | Legal
Guernsey
Partner
Guernsey
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
Sign up to receive updates and newsletters from us.
Sign up
No Content Set
Exception:
Website.Models.ViewModels.Blocks.SiteBlocks.CookiePolicySiteBlockVm