Beau Rivage Hotel, Route de la Baie, St. Brelade

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A decision made (27.09.06) to serve a formal notice on the Beau Rivage Hotel, Route de la Baie, St. Brelade.

Subject:	Beau Rivage Hotel Limited and breach of Planning and Building (Jersey) Law 2002. Unauthorised Works
Decision Reference:	MD-PE-2007-0085	Exempt clause(s):		n/a
Type of Report (oral or written):	Written & Oral	Person Giving Report (if oral):		Mike Porter
Telephone or e-mail Meeting?	n/a	Report File ref:		ENF/2005/00270
Written Report Title:	Beau Rivage Hotel Limited breach of Planning and Building (Jersey) Law 2002	Written report – Author:		Mike Porter
Decision To serve a formal notice under the provisions of Article 40(2) of the Planning and Building (Jersey) Law 2002 requiring that the following works are undertaken within 6 weeks of the date of issue; 1) Remove the fitted kitchens and associated appliances installed within rooms 101, 201, 301, 104, 204 and 304. 2) Reinstate the cleaner’s rooms upon each of the three floors by replacing the partitions with rooms 101, 201 and 301 and reinstate their doorways to the first, second and third floor corridors respectively. 3) Reinstate the doorway from the first, second and third floor corridors to rooms 101, 201 and 301respectively. 4) Reinstate the original doorways between rooms 101&102, 201&202 and 301&302 and remove the newly created doorways. 5) Remove the lobby created within room 102, 202 and 302. 6) Remove the two doors that have been created in the eastern corridors on the first, second and third floors respectively.
Reason(s) for decision: To reinstate building works that have been carried out without the grant of permission as defined in Article 39(4)(a) of the Planning and Building (Jersey) Law 2002.
Action required: Serve formal notice.
Signature: (Minister)			Date of Decision: 27th September 2006

Beau Rivage Hotel, Route de la Baie, St. Brelade - serving of formal notice

REPORT TO THE MINISTER FOR PLANNING AND ENVIRONMENT

Enforcement Reference:ENF/2005/00270

Enforcement Report

Site Address	Beau Rivage Hotel La Route de la Baie St. Brelade

Owner	Mr Robert Weston

Occupier	Mr Robert Weston (Hotel)

Zones	Tourist Destination Centre Shoreline Zone Built up Area

Summary	The Beau Rivage Hotel has been subject of internal alterations which are subject of control under Building Bye-Laws (Jersey) 2004 for which there has been no application made or building permit issued.

Recommendation	That an enforcement notice is issued under Article 40(2) of the Planning and Building (Jersey) Law 2002 upon the Beau Rivage Hotel Limited and Mr Robert Weston, requiring that the kitchens and internal alterations undertaken without building consent are removed within 28 days.

Details	The Beau Rivage Hotel is situated in the south side of La Route de la Baie in the Parish of St Brelade and under the ownership and control of Mr Robert Weston. On the 30th October 2003 Senior Building Control Surveyor John Le Coulliard visited the Beau Rivage Hotel at the request of workmen on site to offer advice on the work which they were undertaking. It was evident to the Officer that works were being undertaken for which a building permit had not been issued. Since that date Officers of the Building Control Section in conjunction with the Enforcement Section have attempted to gain the compliance of Mr Weston in regularising the works that had commenced. Despite continual requests to make formal retrospective applications for those unauthorised works, Mr Weston has ignored that request and indeed continued the alterations through to completion. The unauthorised works are detailed as follows: 1) Doorway from first floor landing to cleaner’s room has been blocked up. 2) The partition of the cleaner’s room with room 101 has been removed and the area incorporated into that room. 3) That newly incorporated area has seen a fully fitted kitchen installed. 4) The doorway from the first floor corridor to room 101 has been blocked up. 5) In the partition between rooms 101 and 102 the original door has been blocked up and a new doorway created. 6) A lobby has been created within room 102 against its access door with the first floor landing which creates a new access to rooms 101 and 102. 7) Within the western first floor corridor, two new doorways have been created to allow interchangeable room arrangements. 8) Within room 104 a new fully fitted kitchen has been installed. The effects of these alterations have enabled what had been five individual guest rooms to become two self contained units of accommodation. The alterations described upon the first floor have also been carried out on the second and third floor in an identical manner. A file was referred to H.M. Attorney General for his consideration of prosecution against the Company and Mr Weston. That file remains with the Crown Officers’ Department and advice recently obtained suggest that formal notice should be served. It is evident that despite numerous request and meeting with Mr Weston that compliance is not going to be gained and the property is regularly occupied by Tourists without the integrity and safety of those unauthorised alterations being confirmed. Although the possibility of prosecution continues it will of course not require that the said works are removed and therefore at this time, the most appropriate action would be the service of formal notice as detailed in the recommendations.

Recommendation	That an enforcement notice is issued under Article 40(2) of the Planning and Building (Jersey) Law 2002, upon the Beau Rivage Hotel Limited and Mr Robert Weston requiring that the kitchens and internal alterations undertaken without building consent are removed within 28 days.

Additional Information	Photocopy of floor plan submitted by Mr Weston in 2003.

Prepared by	Mike Porter	Date	25/09/2006

Endorsed by		Date