Wayside developers challenge rejection

Wednesday 07 February 2018

The company behind a major new development in St. Brelade's Bay have rejected claims it is "out of character" and urged an independent planning inspector to let it go ahead.

The plans to replace the Wayside Café site with a new restaurant, surf shop and 'high-end' accommodation were unanimously rejected by the Planning Committee due to the development's size, design and impact on views.

But the developers didn't accept this decision and appealed. 

During the hearing yesterday, Mike Stein, the representative of Conway Tower Properties Ltd, told the inspector their development fitted in with a number of planning policies, including boosting the economy, providing high specification houses and enabling greater access to an historic landmark which isn't currently available.

Mr Stein also questioned the "out of character" phrase given by the committee who rejected the plans, as he said a number of properties in the area are "different scales, different designs and different designs... there is a mix of modern and traditional buildings."

Pictured: Independent Planning Inspector John King (centre) leading the appeal on the decision to reject the Wayside Café development.

The independent inspector, Jonathan King, asked the Director of Jersey's Planning Department, Peter Le Gresley, to explain the reasons the committee gave for rejecting the plans and how they fit with planning policies. Mr Le Gresley said that he couldn't speak on behalf of the planning committee, but understood that the committee felt the scale of the development was too big for the site and it had an "unreasonable impact."

Mr Le Gresley also explained that the committee attributed their reasons to one policy which applies to re-developments on the shoreline which would increase the building's footprint - but the minutes taken from the committee's meeting didn't attribute the reasons for rejection to any other planning policies.

Mr Stein responded that it was the wrong policy to use and that: "It lends me to feel they were clutching at straws, in particular the reference to the impact that the of the restaurant and apartment will have on the views, as that is already the part that’s developed and it won't be much different."

He did admit that the plans for a new restaurant, surf shop and flats would see the development on the Wayside Café site, which currently includes tennis courts and small businesses, grow by almost four times in size. 

Mr King commented that the impact a development could potentially have on private views is not a good enough reason for rejection. 

Pictured: The redevelopment plans of the Wayside Café includes more public access and a viewing platform by the Conway Tower within the site. 

But the reasons for the appeal weren't made until the afternoon session of the hearing, as the morning was dominated by the St. Brelade's Bay Association (SBBA) demanding questions and clarification of how older planning policies fit within the current Island Plan, which is used to determine if developments are given permission or not.

The SBBA felt two policies dating back to 1968 and 1989 - both intended to give St. Brelade's Bay more protection from developments - were overlooked by Planning Officers who recommended the Planning Committee to approve the proposed development of Wayside Café.

Although Mr King continuously repeated that he is "not getting into matters of procedure", he did comment that the current Island Plan, which was approved in 2011 and updated in 2014, revokes any previous planning policies.

Mr King said if there is any 'spirit' of them still within the Island Plan, he will see how they would apply to this development application when he writes up his recommendations on whether he feels that it should be approved or rejected in a report for the Environment Minister, which, he added, the Minister doesn't have to use. 

Lead picture: St. Brelade's Bay Association (SBBA)