The owner of a popular wine, champagne and charcuterie bar has decided to reduce his venue's opening hours and potentially lose out on thousands rather than face a battle against "bonkers" development requirements to solve a heating problem that leaves it like a "greenhouse" in summer.
Economic Development Minister Kirsten Morel branded the challenge facing the Watchmaker as a prime example of how "overzealous planning restrictions" can hinder local businesses.
Bruno Santos-Costa opened ‘The Watchmaker’ in 2021 at 43 Halkett Place, a listed building previously occupied by Jersey Pottery.
The building is one of the oldest in St Helier, with records stretching back to 1871 when it was owned by a pair of brothers who were watchmakers – hence its name.
But the nature of the building means that it is not particularly well ventilated, with staff noticing the premises becoming too warm inside during the summer – and there is no easy fix.
Bruno added: "We had about nine fans in the room at one stage, but they were just circulating the hot air. So not only did it look completely insane that I had a mini-tornado of a room, it wasn't actually cooling the room down.
"The last two summers we've traded it's just been a major problem. Guests stand up, you know, they come in and they're excited to be in here and then they sit down and realise it's too hot and they have to leave.
"It's like working in a greenhouse."
Bruno Santos-Costa opened ‘The Watchmaker’ in 2021 at 43 Halkett Place.
Unfortunately, Bruno explained that making changes to the building to solve the issue was not as straightforward as it would seem.
He continued: "When I realised it was too hot, I tried to solve that by having windows that would open. So I got some local architects to come help me out and see how we could make it work.
"They said 'we're going to double check that it's not listed' and they came back and said the window frames are grade two listed – and they will never be allowed to change."
In fact, the entire premises, according to the Planning Department, is a Listed building, meaning that any change – however minor – will be subject to a higher level of scrutiny and would require more information, such as an heritage impact assessment, to be submitted. Each of the extra hurdles requires extra cost.
Bruno described the situation as "bonkers" and pointed out that he was not seeking to make "huge changes".
Rather than do battle with the regulatory process, Bruno has instead changed the Watchmaker's opening hours throughout summer – starting service later in the day to beat the heat, but missing out on lunchtime trade a result.
The Bridging Island Plan has a specific section outlining why historic windows and doors should be protected.
It states that: "Historic windows and doors bear witness to the artistic, social, cultural, economic and technological developments of the past. Their design and detailing were influenced by contemporary architectural fashion and reflected the status of the building and, often, the rooms within it."
It adds that "much of a building’s character comes from its windows and doors" and that a change to their style or appearance "can disrupt the overall appearance and harmony of a building".
"The impact of change can be dramatic and of detriment not only to the individual historic building but also to the character of townscape and landscape which can, cumulatively, undermine the character, identity and distinctiveness of the island."
Speaking to Express, Economic Development Minister Kirsten Morel said he felt it was important to strike a balance when the wellbeing of a business was at stake.
"It's really important that all development respects heritage but, especially for buildings in economic use, heritage should not stop the function of the building," he said.
Pictured: Economic Development Minister Kirsten Morel said that heritage was important but "should not stop the function" of a building in economic use.
Referring to the case of the Watchmaker, he added: "This is a really good example of the tension between overzealous planning restrictions and Jersey's need for thriving businesses and economic growth.
"We need buildings that work for Jersey today, not just its past."
So glad that Planning system isn't broken, and supports viable businesses operating in St Helier rather than throwing dumb obstacles in the way for heritage fetishists... pic.twitter.com/yR39TKpLMn
— mpw (@mpw_) June 10, 2024
Pictured: Others took issue with the regulatory hurdle on social media, with one islander describing it as a "dumb obstacle" driven by "heritage fetishists".
One social media commentator cited the case of the Watchmaker as an example of the island's planning system being "broken".
It's not the first time stringent planning rules and policies have been highlighted as a hurdle for business.
Jersey Business CEO Paul Murphy previously told Express: "I think a lot of people are aware is that, from a Planning point of view, there's been a number of opportunities for industry growth, sector growth, that for lots of different reasons, haven't necessarily passed Planning. I think there is some opportunity to step back and think about observation, shared learnings, and how that might be improved."
A £90,000 review commissioned by Government identified planning challenges as one of the barriers to doing business locally.
There may, however, be hope on the horizon, with the Economic Development Minister pledging to put greater focus on the matter.
Last month, the Government published a follow-up report entitled 'Enabling Business', which touched on the matter of planning.
As well as looking at improvements to planning guidance, the report said: "...Teams in Economy and Planning are increasing the level of collaboration on economic planning applications to support their progress and alignment to strategic priorities."
It added that, in future, some changes could be made to the Planning and Building Law "to remove specified works from the requirement to obtain permission, which could reduce costs and delays for businesses looking to open a new location or enhance their existing premises" – although it is not clear at this stage how such changes may apply to listed buildings or building features.
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