Planning Officer’s report contained “errors of fact”

Friday 27 September 2019

An independent panel has upheld a complaint against the Planning Department by siblings involved in running one of Jersey's biggest farming companies.

Tom and Rose Binet - the former joint-owners of the Jersey Royal Company - had accused the Planning Department of dishonesty, bias and intentionally frustrating their bids to develop their farmland after struggling to obtain planning permission for employee accommodation.

In a report due to be released this morning, the States Complaints Board (SCB) - an independent panel tasked with investigating public grievances with the government - found that a Planning officer's analysis of the pair's application contained "errors of fact" which were likely to influence the Planning Committee.

Jersey Royal Property Holdings had applied to demolish a large shed, a workshop and three staff bedsits and remove a number of poly tunnels already on a St. Ouen site called ‘Westpoint’ to make way for a new shed, as well as accommodation for 24 workers with parking and create a large yard to store machinery. 

The application was only considered by the Planning Committee 13 months after its submission. The Committee ultimately rejected the application as they agreed with the recommendations laid out by a Planning Officer in their report raising concerns about the fact that the development would occur in part of the island’s protected land within the ‘Green Zone’.

Pictured: The application was only considered by the Planning Committee 13 months after its submission.

The Binets claimed that the way this application was handled evidenced that they were not being treated fairly by the department. Throughout the hearing they took issue with several aspects of the Planning process, including: 

• the fact the application took 13months to reach the Committee, without adequate justification for the delay;
• several ‘factual discrepancies’ within the Planning Officer’s report;
• other applicants have been allowed to develop in the ‘Green Zone’ to build agricultural accommodation.

In June, they took their grievances to the States Complaints Board, telling them of alleged “misleading information”, “inaccurate statements”, and “untruths” from Planning Officers contained within the report that was put before the Planning Committee, which they argued had materially influenced its decision to reject their application.

The SCB – made up of Chair Geoffrey Crill, Vice-Chair Chris Beirne and Janice Eden – this morning announced that they were upholding the pair's complaints.

Pictured: The Planning Officer's reports contained "errors of fact" the Board found.

Mr Crill said the Planning Department has a responsibility to ensure Planning Officers’ reports are “factually correct, supported by evidence, and present sustainable recommendations”, as they influence and assist the decision-making process of the Planning Committee. 

However, he added that the report on the application submitted by Mr Binet and his sister “had failed to do so."

“The report relating to the Binets’ application fell below what should be regarded as an acceptable standard; it contained errors of fact which were not relevant to the application, but were likely to influence the Planning Committee,” Mr Crill said. 

The Board also expressed concerns over the “lengthy 13-month delay” between the submission of the application and its consideration by the Planning Committee. 

Pictured: The panel welcomed the review of the Island Plan.

The panel however welcomed the review of the existing Island Plan, particularly in respect of the Green Zone policy, which it considers to be “unworkable and out of date. 

“The current Green Zone policy was based on an assumption that agriculture was in decline, whereas there has been a resurgence and renewed buoyancy in the industry due to diversification” said Mr Crill. 

“The Board is hopeful that the revised Island Plan will acknowledge the need for investment in the capital assets of an evolving industry, balanced with the continued protection of our countryside”.

The Board has asked the Minister for the Environment, Deputy John Young, to respond to its report within the next two months. 

A government spokesperson commented: "We are considering the Board's findings and officers will work with the complainant to resolve this specific planning application. We will need to carefully consider the options and their impact on the Island Plan. The Minister for the Environment will provide a formal response to these findings within two months, as requested by the Complaints Board."