Planning permission for La Côte Distillery (FOI)

​​​​​​​Request

​​I have thoroughly reviewed the available planning guidance and have been unable to find any provisions that would exempt this type of operation from requiring formal planning permission. Given the absence of publicly available planning permissions on the Jersey gov.je planning portal for this address, I must assume that the business is currently operating under some form of informal permission or guidance.

Please provide the following information on the following points:

A

Informal Permissions or Guidance:

i) Any records of informal permissions, guidance, or advice given to La Côte Distillery that may have led them to believe they could operate without formal planning permission.

ii) If such informal permissions exist, the legal basis for providing them.

B

Change of Use:

i) Any applications, approvals, or exemptions granted for change of use from the previous establishment (reportedly a betting shop) to a distillery.

ii) If no formal change of use was required or approved, the specific regulation or policy that allows this.

C

Planning Classification:

i) The current official planning classification for La Côte Distillery's premises.

ii) Explanation of how this classification allows for alcohol production without apparent formal permission.

D

Enforcement Considerations:

i) Any records of internal discussions or decisions regarding potential enforcement action against La Côte Distillery for operating without visible planning permission.

ii) If no enforcement has been considered, the rationale behind this decision.

E

Policy Interpretation:

i) Clarification on how the planning policy is being interpreted to allow this operation in its current location without visible formal permission.

ii) Any broader policy or guideline changes that may have affected the treatment of small-scale distilleries in town centre locations.

Please provide any relevant documentation, correspondence, or records related to these queries. If certain information cannot be provided due to confidentiality or other reasons, please state the grounds for withholding.

I want to emphasise that based on my review of planning regulations, I have not found any clear exemptions that would allow this type of operation without formal permission. Therefore, I am particularly interested in understanding the basis for any decisions that may have allowed La Côte Distillery to operate in its current capacity.

Response

A

i) and ii)

The information requested is exempt under Article 26 (Information given in confidence) of the Freedom of Information (Jersey) Law 2011.

However, if there is suspicion that the use is unlawful, please contact the compliance team via email:

enforcement@gov.je

​B

i)

No information is held by the Government of Jersey, therefore Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

ii)

Information regarding permitted development is also published on the website which can be accessed using the following link: 

Planning and Building (General Development) (Jersey) Order 2011 (jerseylaw.je)

C

i)

The official planning classification for La Côte Distillery's premises is Class A Shop.

ii)

Whether there has been a material change of use from a shop to some other use is a matter of fact and degree that should be assessed on a case-by-case basis. As long as the main use remains a shop (retail sales of any goods) it could be that production of alcohol could be allowed.

D

i)

The Government of Jersey does not hold any records of internal discussions or decisions regarding potential enforcement action against La Côte Distillery for operating without visible planning permission, therefore, Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

ii)

Please see response to C (ii) above.

E

i)

Please see response to C (ii) above.

ii)

The information requested is exempt under Article 23 of the Freedom of Information (Jersey) Law 2011 as this information is accessible on www.gov.je.

Island Plan Policies can be accessed using the following link: 

Bridging Island Plan 2022 to 2025 (gov.je)

​Articles applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.

Article 26 - Information supplied in confidence

Information is absolutely exempt information if –

(a) it was obtained by the scheduled public authority from another person (including another public authority); and

(b) the disclosure of the information to the public by the scheduled public authority holding it would constitute a breach of confidence actionable by that or any other person.​​​