Caribbean Vibz Restaurant and Bar, Maison Chaussey Guest House and Drifters Restaurant and Bar, Havre Des Pas, St. Helier: Appeal P/2019/1076

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A decision made on 9 February 2021

Decision Reference: MD-PE-2020-0112			Application Reference: P/2019/1076
Decision Summary Title:	Appeal Decision – Caribbean Vibz Restaurant & Bar, Maison Chaussey Guest House and Drifters Restaurant & Bar, Havre des Pas, St Helier		Date of Decision Summary:	14 December 2020
Decision Summary Author:	Principal Policy Planner – Strategic Policy, Planning and Performance		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Inspector’s Report- Caribbean Vibz Restaurant & Bar, Maison Chaussey Guest House and Drifters Restaurant & Bar		Date of Written Report:	08 December 2020
Written Report Author:	David Hainsworth LL.B(Hons) FRSA Solicitor - Planning Inspector		Written Report : Public or Exempt?	Public
Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to refuse to grant planning permission, P/2019/1076, for; “Demolish existing dwellings, restaurant and guest house. Construct 10 No. one bed and 7 No. two bed residential units with associated parking garage and bicycle store, café with alfresco seating. Alter vehicular access onto Havre des Pas” at Caribbean Vibz Restaurant & Bar, Maison Chaussey Guest House and Drifters Restaurant & Bar, Havre des Pas, St Helier.
Decision: The Minister allowed the appeal and refused to grant planning permission for the following reasons: 1. The evidence submitted does not show that the buildings are not capable of being repaired or refurbished and, in the absence of any costings, does not show that if they were capable of being repaired or refurbished it would be uneconomic to do so. The development will therefore be in conflict with Policy GD1.1.a of the adopted Island Plan 2011 (amended 2014) which indicates that development proposals will not be permitted where they will replace a building that is capable of being repaired or refurbished. 2. The development will result in the loss of employment land, which will be contrary to Policy E1 of the adopted Island Plan 2011 (amended 2014) since it has not been shown that any of the exceptions to the policy are applicable. 3. The development will unreasonably harm the amenities of the Marina Metro Hotel and will have an unsatisfactory relationship with the Hotel, contrary to Policies GD1.3 and GD7 of the adopted Island Plan 2011 (amended 2014). 4. The development will not meet the standards published as supplementary planning guidance in relation to unit size, amenity space and car parking and so will result in sub-standard accommodation which fails to accord with Policies H6 and GD3 of the adopted Island Plan 2011 (amended 2014). 5. The proposed development would represent an erosion of tourist support facilities within Havre des Pas which is identified as a Tourist Destination Area, being a location of strategic importance to the island’s tourism industry. Accordingly, the proposal would serve to undermine the aims of Policy EVE2 of the adopted Island Plan 2011 (amended 2014). 6. Having taken into account all other material considerations and all the other relevant policies in the Island Plan, in particular Policies SP1 and H6, the Minister is not satisfied on balance that there is sufficient justification for granting planning permission for the development when it will be in conflict with Policies GD1.1.a, GD1.3, GD7 and E1.
Reason for Decision: The Minister agreed with the recommendation of the Inspector and further considered that the proposed sub-standard level of proposed accommodation and the impact upon the supportive policies towards Tourist Destination Areas would not be acceptable.
Resource Implications: None.
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy John H Young		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):