Planning law reform in progress after marquee complaint

Friday 24 January 2025

A dispute around a vineyard marquee has exposed a "significant weakness" in the planning law – with a legislative review now underway.

La Mare Wine Estates in St Mary initially got permission to build a seasonal marquee in 2015.

In 2023, this permission was extended to keep the marquee in place year-round.

A neighbour, identified as "Mrs Hay", felt the level of noise coming from the marquee – including, she claimed, outside of the hours allowed in the planning permission and with wider uses such as children's parties – was too much, and she looked to appeal the planning permission.

However, a States Complaints Board found that the case showed "a significant weakness within the Planning and Building (Jersey) Law 2002, and, in particular, Part 7, Article 108 of the Law" – which allows planning permissions to be appealed by a third party, but doesn't include "moveable strucutres" such as caravans and marquees.

Speaking in the States Assembly this week, Environment Minister Steve Luce said he accepted the findings, apologised to Mrs Hay, and said that he was now working on reforming the planning law.

He said he would include third-party appeals for moveable structures.

"The amendments will be part of the planning services reform programme," he explained.

"I'm using this opportunity to confirm my commitment to work with the development and land management team and officers to deliver on the commitment I have made to improve and reform planning services for the benefit of the island."

He added: "I do believe that if we have constructive consultation with not only the public, but [States] Members and officers in the department, we can come forward with another list whereby certain developments could be made permitted so that islanders can enjoy a little bit more flexibility in the work they can do on their properties.

"So the general development order is something I'm looking at."

The Minister said he would take into account the impact on the economy, including the construction sector, which has struggled in recent years.

The project, he said, had received significant engagement.