Tamba Park holiday village decision is defended

Tamba Park holiday village decision is defended

Deputy John Young turned down the planning application to build 27 self-catering units at Retreat Farm – a former commercial glasshouse site on the border of St Mary and St Lawrence – in July, despite an independent UK planning inspector recommending it be given the go-ahead.

He said it was an inappropriate development in the green zone, where there was a presumption against new development. He also said it ‘would set a precedent for the redevelopment of other glasshouse sites and an expectation that these could be replaced with major new developments in the countryside’.

The following month Deputy Scott Wickenden – a member of the Planning Committee – lodged a proposition calling on Members to intervene and overturn the ministerial decision, with the matter then being referred to the Planning Committee. However, it had to be amended in November to remove the requirement to refer the matter for consideration by the Planning Committee, because of concern that it would not be legal under the Planning and Building (Jersey) Law 2001. This week Deputy Young published his response, urging Members to reject the proposition when it is debated on 29 January. In dismissing a claim that errors had been made in making the decision, Deputy Young says the States should take a ‘straightforward position’ on the proposition.

‘Firstly, it cannot be legally delivered by the minister,’ he said. ‘The law contains no power for the minister to review his decision and he therefore cannot undo his position, as requested by the proposition.

‘Secondly, it is based on a misapprehension that planning precedent cannot exist in decision-making. This again is not the case.

‘Thirdly, there have been no errors in the making of this decision, and the correct way to quash planning decisions is to follow the appeal provision laid out in law via the Royal Court.’

The applicant, Tamba Park owner Jonathan Ruff, lodged an appeal to the Royal Court in August 2018 but it was withdrawn in October.

– Advertisement –
– Advertisement –