JERSEY’s key hospitality body has expressed disappointment that a town restaurant has been blocked from extending its popular al fresco bar by Planning – despite government pledges to break down ‘barriers to business’.
Colmar had put forward an appeal regarding an extension to the outdoor seating area behind Colmar Brasserie and Café, which operates as Bar Levant.
The Broad Street structure – which uses barriers that can be raised to protect from bad weather – had not received proper planning permission before it was opened.
The planning appeal was submitted by Colmar and Bar Levant owner David Voisin, and sought retrospective permission for the creation of a new external seating area.
The Parish of St Helier’s Roads Committee supported the application, saying the area was “effectively an extension of the existing al fresco area”.
Reacting to the news, Paul Dufty, owner of Sumas Restaurant and chair of the Jersey Hospitality Association’s restaurant sub-sector, said that members were “disappointed with the outcome” and that they “will be trying to support them [Colmar] with their next steps”.
He also said this highlighted the importance of “breaking down barriers to business”.
In 2023, a £90,000 review commissioned by Government identified planning challenges as one of the barriers to doing business locally. Economic Development Minister Kirsten Morel said at the time that his department be putting focus on this matter.
Critics of Bar Levant said the building was unattractive and took away space from pedestrians.
Among those to object was Deputy Sir Philip Bailhache, who said: “…This is a building and not an extension of al-fresco dining. Al fresco means “in the fresh air”. Diners are in an essentially roofed in building. Secondly, It would set a dismal precedent for the pedestrianisation of Broad Street by encouraging other shop owners to extend their buildings into the public space.
“Thirdly, public space is supposed to be what it states – an area open to the public.
The whole concept of the Choses Publiques Law was to license enterprises to use public
areas for a limited time to enable dining in the fresh air – it was not to allow businesses to
monopolise in a permanent fashion the public space. If a Choses Publiques permit has been issued, it should not have been given for the purpose adopted. It is arguably ultra vires the Law. It should be possible to clear the area when it is not being used as a restaurant.”
And the National Trust for Jersey said the structure “dominates the area therefore restricting the public throughfare” and said that “due process” should have been followed.
The Planning Department acknowledged that the proposal would “contribute to the daytime and evening economy and help to bring vitality to Town”.
However, the planning inspector found that the proposals “would not be of a high-quality design”, would reduce public open space and accessibility for pedestrians and wheelchair users, and were too near listed buildings.
The inspector therefore concluded that the economic benefits of the proposals – which “would be mainly enjoyed by the appellant” – would not outweigh the disbenefits, and recommended that the appeal be dismissed.
After considering the inspector’s report and visiting the site, the Environment Minister found no reason to depart from this recommendation.
Colmar will be able to continue with its original al fresco area, which is not affected by the decision.
