Last year the States agreed to a radical overhaul of the process by which people appeal against decisions made by the Planning Department, Planning Applications Panel or Environment Minister.
The introduction of the appeals system has been heralded as a ‘watershed moment’ by planning consultant Mike Stein, the director of MS Planning and comes as the Planning Department celebrates 50 years of Jersey Planning and Building Law.
Previously Islanders who wanted to challenge a planning decision – either because they objected to a project’s approval or were against its refusal – had to go through the Royal Court, embarking on a costly, complex and lengthy process.
‘Now, the appeal system, rather than being dealt with by the Royal Court, which is not a planning expert, is engaging planning inspectors who are experts and who will consider applications on their merits.
‘It’s a really big step change in the way appeals will be considered.’
Under the new system appeals will be heard by an independent planning inspector who will make a recommendation to the Environment Minister who will then make a final decision, having had no hand in any initial planning decisions that are made.
Environment Minister Steve Luce added: ‘I am delighted that we have reached this moment in the development of the Island’s planning regulation where we now have a truly accessible appeals system. It is the first of many initiatives which I hope will help Islanders become more engaged with decisions about planning and building in our community.’
Planning director of development control Peter Le Gresley said the new appeals system was the result of hard work and collaboration between States departments.
‘I would like to register my thanks for all their work and for delivering this important project on time,’ he said.
The Radisson
It is the building that every Islander loves to hate. It even won an award a few years back for being such a monstrosity and UK architects who visit Jersey are still known to question its bizarre orange colour. Plans for the Radisson started being made back in 1992 when the States approved the first blueprint for the area. A scheme submitted by German company Bilfinger & Berger Ltd was approved in 1999 by the then Planning Committee but shelved when the company pulled out of the UK two years later. In 2004 plans for the Radisson we know today were submitted and then approved the following March by the Planning Committee, which was then headed by Senator Philip Ozouf. It followed battles both behind the scenes and publicly over the years, including rows between the Waterfront Enterprise Board and Planning about the size and scale of the building.
The Waterfront
It was controversial when the land was first reclaimed from the sea, it was controversial when it was proposed that we build on it and it is still controversial today as the States tries to develop it further. The 1990s was a time of particular debate, as the Waterfront Enterprise Board continued to develop land reclaimed from the sea. In particular, the board was accused of wasting public money when, in 1996, it commissioned the Steam Clock, which occupies a site between St Helier Harbour and the Weighbridge. The clock continues to chime, bubble and squirt water and all these years later people still use it as an example of how not to spend public money. The Cineworld building also proved controversial when it was built, and well into the 2000s there were public meetings, petitions and protest rallies as further development of the area was planned. WEB may have changed its name to the Jersey Development Company and amended its constitution but it has inherited much of the suspicion levelled at it by Islanders. It is with that background that the company is currently trying to develop a Jersey international finance centre at Esplanade Square.
Portelet Bay
If you have ever come into Jersey on the ferry from the UK and stood on deck just as you round the south-west corner you will no doubt have heard someone utter: ‘Just look at that monstrosity.’ They always are, of course, referring to the Portelet Bay development. Islanders were asked to wait until the devel- was finished in 2011 before passing judgment. And, most were in agreement: they hated it. Some, however, rather like it. Built by Dandara, the development has won six architectural awards and when finished the homes cost between £705,000 for a flat and £2.75m for the largest house. But, even today some Islanders still haven’t been convinced by the scheme, which was passed by former Environment Minister Freddie Cohen against planning officer advice.
Janvrin’s Farm
Islanders were outraged when a much-loved restaurant and 17th century granite farmhouse was demolished without warning on Saturday morning, 11 March 2000. Janvrin’s Farm, which had recently been sold to property developer David Sheppard, was being considered for ‘listing’ but was not on Planning’s record of protected buildings. Developers Janvrin Holdings later put in an application to build flats on the site. Mr Sheppard has since gone on to plan developments for a number of other sites, including Field 621 in the green zone between Woodbine Corner and the road to Ouaisné, which also caused some concern.
The Co-op’s Charing Cross site
This is another one that has been rumbling on for years. The Co-op has wanted to redevelop the site and a number of surrounding buildings for a while but only unveiled major plans for it in 2012. For a year and a half the development was discussed and debated both professionally by those directly involved and around kitchen tables by those who were not. Most of the talk revolved around the loss or not of six listed buildings at the site. The controversy came to a head last August, when the planning applications panel, which decides some applications under delegated powers from the minister, rejected the Co-op’s latest plans for the site, which included creating a bigger store and new shop front and offices. The scheme would have resulted in the loss of four of the six historic buildings and was recommended for rejection by planning officers. The business then lodged an appeal with the Royal Court against former Environment Minister Rob Duhamel, who is held ultimately responsible for any planning decisions made. In December 2014, the Co-op received permission to build a Premier Inn at the site, above a revamped shopping store.
Colomberie House
When it was demolished in 1998, amid much protest, Colomberie House was regarded by many as a major loss to the architectural history of St Helier and the Island. It had been one of the last 18th century town houses left in St Helier and had been the ancestral home of the Hemery family, one of whom had raised the alarm on the day of the Battle of Jersey in 1781. The building was taken over by an accountancy firm and then slated for demolition. Save Jersey’s Heritage, helped by architectural historians Dr Warwick Rodwell and Ptolemy Dean, mounted a vigorous campaign to save it. At one stage, Colomberie House had housed the Collegiate School for Girls and former pupils joined members of the public at a protest march through town. Even the planning committee tried to reverse a previous decision to allow its destruction, but the owners took the committee to court … and won.
But there have been some good decisions
Government House
The home of the Island’s Lieutenant- Governor was saved from demolition in 1990 following a successful campaign by Marcus Binney and Alastair Layzell, who then went on to set up Save Jersey’s Heritage.
Hue Street
Save Jersey’s Heritage also helped to save a row of 18th century cottages and shops in Hue Street. It bought the buildings and restored them before selling them on. Today they still contain businesses and residential accommodation.
16 New Street
The Georgian town house officially reopened its doors in 2011 following an eight-year restoration project by the National Trust. Over the years it was a home, a gentlemen’s club and a YMCA, and today it is used by the trust for events and as a museum.
