A States of Jersey Complaints Board has supported the grievance lodged by Tom and Rose Binet, the founders and former owners of the Jersey Royal Company. Their complaint was against the Environment Minister and concerned how Planning dealt with their application to develop a site in St Ouen.
The complaint was prompted by the refusal of a planning application at West Point Farm on Route de Vinchelez in 2018, under which a shed and workshop would have been demolished to make way for housing for 24 workers and a new shed.
Concerns were raised by the Binets about how officers had interpreted guidance on green zone planning outlined in the Island Plan, with the application rejected on the basis of breaches to this policy.
In a statement, the board said: ‘A States of Jersey Complaints Board has upheld a complaint made by Mr Tom Binet and his sister Rose against the Environment Minister regarding the way in which Planning administered and presented their application to the Planning Committee.
‘The findings of the hearing, which took place on 19 June 2019, have been made public. The complainants had focused on what they referred to as “misleading information”, “inaccurate statements”, and “untruths” by planning officers contained within the report put before the Planning Committee and which they argue materially influenced that committee’s decision to reject their application.’
Chairman Geoffrey Crill said that officers had provided incorrect and irrelevant information in their report.
‘Planning Officers’ reports influence and assist the decision-making process of the Planning Committee,’ he said. ‘The department has a responsibility to ensure those reports are factually correct, supported by evidence, and present sustainable recommendations, but we feel that it failed to do so in this case.
‘The report relating to the Binets’ application fell below what should be regarded as an acceptable standard; it contained errors of fact which were not relevant to the application, but were likely to influence the Planning Committee.’
The board also expressed concerns about the 13-month delay between the submission of the application and its consideration by the Planning Committee – a panel of States Members. In its statement, the board also welcomed the current review of the existing Island Plan and urged the States to rework the green zone policy, which it said is ‘unworkable and out of date’.
‘The current green zone policy was based on an assumption that agriculture was in decline, whereas there has been a resurgence and renewed buoyancy in the industry due to diversification,’ said Mr Crill. ‘The board is hopeful that the revised Island Plan will acknowledge the need for investment in the capital assets of an evolving industry, balanced with the continued protection of our countryside.’
The board has asked Environment Minister John Young to respond within two calendar months to its findings. Apart from Mr Crill, the board members for the hearing were Chris Beirne and Janice Eden.
