THE Constable of St Helier, Simon Crowcroft, has criticised the “inexperience” of a new assistant minister after she dealt a fatal blow to a £120m plan to regenerate town with more than 200 homes and an “aparthotel” – against a planning inspector’s advice.
Developers Le Masurier had submitted plans to transform 2.5 acres of land it owns between Broad Street and Commercial Street.
Le Masurier’s application for “Les Sablons” was refused by the Planning Committee last December – a decision the company appealed against, making its case to an independent planning inspector at a hearing in April.
The inspector recommended that the appeal should succeed, and planning permission should be granted, but Assistant Environment Minister Hilary Jeune did not agree.
‘Overbearing and oppressive’
Deputy Jeune rejected the appeal, primarily because of its impact on Commercial Street. She took the decision because Environment Minister Jonathan Renouf was conflicted on a technical point: he was on the Council of the National Trust when it had put in an objection against the scheme, although he was unaware that the organisation had done so.
She concluded that the height of the scheme along Commercial Street would be significantly in excess of planning guidance, and its scale and mass on that side would be “overbearing and oppressive”.
Deputy Jeune added that the proposed development, along Commercial Street, “failed to make a positive contribution to the local character and distinctiveness of the place, as it does not successfully respond to its context to ensure that the enhancement of identity, character and the creation of a durable and safe sense of place”.
The planning inspector
In his report about Le Masurier’s proposals, independent planning inspector Philip Staddon concluded that “the height of the development would not be excessive or inappropriate in this particular case, and that the development would be acceptable in terms of the character and appearance of the area and the townscape”.
He added that “the design and layout of the scheme would achieve good-quality accommodation and that it would deliver appropriate living conditions for future occupiers”.
Responding to the appeal rejection, Le Masurier managing director Brian McCarthy said: “This is a very sad day for St Helier and our island. The opportunity for substantial regeneration of over 2.5 acres of the centre of town at our site in Broad Street and Commercial Street has been lost.
“The independent inspector recommended the scheme for approval at appeal, consistently agreeing with the significant merits of the proposals, but the Assistant [Environment] Minister has gone against his decision.
“Why spend taxpayers’ money to bring to the Island an independent professional planning inspector only to ignore his recommendation? To say we are disappointed is an understatement.”
He added: “I and many others in the industry think our planning process is fundamentally broken.
“The recent independent review of the Planning Department was scathing in its criticism of the department and has prompted a 16-point action plan from the government. In my opinion, this is too little too late. It is imperative that our planning system considers our island’s declared needs, and gives fair consideration to proposals that are put forward, which will go a long way to resolving the challenges the Island faces on housing, tourism, and inward investment in St Helier.
“In addition, the construction industry is under immense pressure at a very difficult time and decisions like this do nothing to support our economy.”
The Constable’s view
One of those who had publicly supported the Les Sablons project at the Planning Committee and appeal stages was St Helier Constable Simon Crowcroft.
Responding to the appeal rejection, he said: “It is a very surprising outcome given the planning inspector’s recommendation for approval.
“It is an irrational decision which is, I think, a result of the political inexperience of the Assistant Environment Minister.
“It is regrettable that she did not seek to canvass the views of the parish, including the Constable, beforehand, because I would have explained to her that this development is a catalyst for the regeneration of the heart of town.”
He added: “I think the Assistant Minister has got it completely wrong.
“Commercial Street is not the main frontage – it has always been a working street and a lot of buildings back on to it. This is almost grasping at straws.
“I am now in discussions with the Chief Minister and other States Members to see if this decision can be reversed. This is too important to lose at the behest of someone who has not got a big mandate and someone who has not been in the States for long.”
The Chief Minister, Deputy Kristina Moore, replied: “I am extremely disappointed to learn that the Les Sablons project has been rejected at this stage, particularly given that it has been recommended for approval by an independent planning inspector. This is an important development for St Helier and the Island, improving an area of our town and providing hundreds of much needed homes. Such decisions will not help us to enhance our urban environment, alleviate the housing crisis or support the construction industry at a difficult time – all important priorities for the Government.
“The planning application process is set out in the Planning and Building Law, and it is not legally possible for the Chief Minister to intervene in that process or to alter decisions that are made, but the applicant can continue to follow the process of appeal and review.
“Looking forward, I am focused on ensuring that the government works together to support our collective policy objectives and assist Islanders with the challenges we face as a community.”
The Environment Minister’s response
In response to criticism of the decision, Deputy Renouf said: “While the Les Sablons Broad Street regeneration project remains in the appeal window, the application is still live. Therefore, it is inappropriate to comment further at this time.”
It is the second time in recent weeks that ministers have gone against the recommendation of a planning inspector. Last month, a panel of politicians, which included Deputies Renouf and Jeune, decided to reject plans from the Jersey Development Company for a multi-million-pound redevelopment of the Waterfront which would have included around 1,000 homes.
Mr Staddon had recommended that a decision be paused to give the JDC time to amend its scheme – but the panel chose to refuse the application in its entirety.
Under planning law, Le Masurier has 28 days to appeal against the latest decision to the Royal Court.
What had Le Masurier proposed for the area?
Le Masurier applied to demolish existing buildings at 31-41 Broad Street and 19-29 Commercial Street and construct 137 one-bedroom, 96 two-bedroom and five three-bedroom flats.
The plans included building a 103-room “aparthotel” – to be run by Dublin-based Staycity Group – with groundfloor restaurant, cafés and shops with associated car parking, a landscaped public courtyard and pedestrian access link between the two streets.
The plans included restoring façades to 35-37 Broad Street, which is the only part of the development on that side still standing.
This is because Le Masurier had received permission to demolish the existing buildings under a previous planning application, which received permission in December 2011 and is still live.
