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The Assistant Environment Minister has backed down on her previous controversial decision to block £120m proposals to regenerate Broad Street – and taxpayers will now have to foot the developer’s bill for the legal fight.
Back in October, Deputy Hilary Jeune rejected an appeal by property company Le Masurier for its ‘Les Sablons’ project, to build 238 flats and a 103-bed ‘aparthotel’ – against the advice of an independent planning expert.
The move sparked significant backlash – and a public statement from the Chief Minister expressing extreme disappointment – and a Royal Court appeal from Le Masurier.
Pictured: An artist's impression of Les Sablons' central courtyard. (Le Masurier)
This morning, it was confirmed that, following legal advice, Deputy Jeune would not be fighting the appeal.
In doing so, Le Masurier said the Assistant Minister had accepted that her decision was unlawful with regards to two grounds of their appeal: that she had failed to "give due consideration" to the independent planning inspector's findings, and that she had not provided "intelligible and adequate" reasons for the decision.
The Government said that the matter now reverts to Environment Minister Jonathan Renouf – who wasn't involved in the decision previously due to a conflict on a technical point, and had previously given his backing to Deputy Jeune over the decision. Express has asked whether the decision will be taken by Deputy Renouf or another member of the Council of Ministers.
Pictured: Government said the decision now rests with the Environment Minister, who was previously said to be conflicted on a technical point.
Le Masurier's legal costs will also have to be picked up by Government. Le Masurier declined to provide an exact sum, but its Managing Director Brian McCarthy said it would be in the "tens of thousands, not hundreds of thousands". "Disappointingly it's still a cost, a burden, that taxpayers will have to pick up," he added.
Deputy Jeune had rejected the development, primarily due to its scale, calling its presence "overbearing and oppressive". She also said it “fails to make a positive contribution to the local character and distinctiveness of the place as it does not successfully respond to its context to ensure that the enhancement of identity, character and the creation of a durable and safe sense of place.”
In his report, planning inspector Philip Staddon, had concluded that “the height of the development would not be excessive or inappropriate in this particular case, and that the development would be acceptable in terms of the character and appearance of the area and the townscape”.
He added that “the design and layout of the scheme would achieve good quality accommodation and that it would deliver appropriate living conditions for future occupiers.”
Reacting to the decision to drop the legal fight this morning, Mr McCarthy commented:
“Last week we heard that the Minister would not be contesting the appeal and that the Minister accepted grounds one and two of our appeal, namely that there was a failure on the part of his Assistant Minister to give due consideration to the Inspector's report and that there was a failure on the part of the Assistant Minister to give intelligible and adequate reasons for her decision. The current court proceedings are discontinued.
"Given the application will now go back to the Minister for the Environment for reconsideration, we are hopeful that the right decision will be made promptly to grant consent for Les Sablons, in accordance with the Independent Planning Inspector’s clear and unequivocal recommendation.
"It would deliver the opportunity for the substantial regeneration of over 2½ acres of the centre of town at our site on Broad Street and Commercial Street. Le Masurier’s £120 million investment would contribute to the island's chronic housing shortfall, including assisted purchase housing, on a town centre brownfield site, thereby protecting our precious countryside. It would deliver 150 full-time jobs, boost tourism with a brand-new aparthotel through Staycity, with whom we have agreed terms subject to planning consent and create a publicly accessible courtyard garden linking King Street to the bus station via a safe pedestrian route. All of this would be at no cost to the taxpayer.”
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At the time the plans were launched, Express spoke to Mr McCarthy about the vision for Les Sablons and the wider regeneration of St. Helier...
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