- Environment Minister formally asked to abandon flats appeal
- Grandmother recently won Royal Court challenge to stop development near her home
- See how States Members voted below
- 2,033 people have signed petition in support
THE Environment Minister has been formally asked to abandon his appeal against a grandmother’s successful Royal Court challenge to stop a development near her seaside cottage.
States Members on Tuesday voted 22 to 18 in favour of Grouville Deputy Carolyn Labey’s proposition to halt a legal challenge against 87-year-old Mary Herold’s appeal.
Mrs Herold has twice appealed to the Royal Court after plans to build 17 flats close to her listed cottage in Grand Route des Sablons were approved by former Environment Minister Rob Duhamel.
The court upheld Mrs Herold’s appeals, ruling that the development would have an adverse impact on her property.
Following that decision, Environment Minister Steve Luce announced that he would challenge the court’s decision through the Court of Appeal.
However, Deputy Labey lodged a proposition, which included a petition containing 2,033 signatures, calling for Deputy Luce to abandon his legal action.
Deputy Labey told the House: ‘Any David and Goliath battle arouses strong feelings and, while emotions are running high, this is not a sentimental proposition, it is a rational proposition, a pragmatic request to see sense, do the decent thing, stop wasting public money and ditch this appeal.’
Addressing the House, Deputy Luce said that he had asked the Court of Appeal if he could appeal against the Royal Court’s reasons for their decision to uphold Mrs Herold’s appeal – their interpretation of the Island Plan policy – but not the decision itself.
The historical environment policy at the centre of the dispute, which Deputy Luce believes the Royal Court misinterpreted, says: ‘Proposals which do not preserve or enhance the special or particular interest of a listed building or place and their settings will not be approved’.
Deputy Luce has previously said that if the Royal Court’s decision is allowed to stand it could hinder planning applications in the future – something that was not envisaged by the Island Plan, which governs building in Jersey.
He said: ‘All I’m seeking to achieve is to correct the court’s interpretation of the phrase “preserve or enhance”.’
Speaking to the JEP after the vote, Deputy Luce said that he would consider his options and hoped to make a decision on his next step by the end of next week.
For (22): Senator Cameron; Constables Mezbourian, Le Sueur-Rennard, Le Maistre and Taylor; Deputies Martin, Carolyn Labey, Hilton, Le Fondré, Kevin Lewis, Tadier, Vallois, Macon, Mézec, Richard Renouf, Doublet, Russell Labey, Wickenden, Bree, McDonald, Johnson and McLinton.
Against (18): Senators Maclean, Gorst, Farnham, Bailhache and Green; Constables Crowcroft, Norman, Refault, Gallichan and Le Troquer; Deputies Pryke, Noel, Pinel, Luce, Bryans, Moore, Andrew Lewis and Norton.
Abstained (2): Constable Le Sueur and Deputy Truscott.
Not present for vote (4): Senators Routier and Ozouf; Constable Pallett; Deputy Southern.
