A lengthy dispute
The kiosk used to be based at the top of the access road, next to the former public toilet block, before the latter was demolished and replaced with an eatery, which opened last month as Nude Dunes.
In 2021, Mr Sutton fought a legal battle with the Parish of St. Brelade, which owns the access road, to stay open there. It ended with an out-of-court deal which allowed the kiosk to remain until the nearby restaurant and café is up and running.
In February this year, the Hideout was given retrospective planning permission to stay in its current position until 24 June.
This has now expired but the Hideout has continued to trade.
“I am waiting on a signature from the parish”
Mr Sutton said he recognised that he did not have permission but he was seeking to move to a new spot near the bottom of the access road.
Pictured: A legal battle with the Parish of St. Brelade. ended with an out-of-court deal which allowed the kiosk to remain until Nude Food was constructed.
He said: “I wanted to start the planning process months ago but I am waiting for a signature from the parish, as landowner, to put in another application.
“I wrote to the Constable [Mike Jackson], who asked me to carry out several studies, including ecological, traffic and land surveys, which I have submitted to the parish, but I haven’t heard anything back yet.
“Planning Enforcement has been in touch since my permission expired and I have explained the situation to them.
“I also fully understand that I have to move within 28 days of Nude Dunes being fully signed off and I do plan to move.”
“I firmly believe we can coexist”
Asked if he felt moving further down the access road, 80m from the new eatery, was enough, Mr Sutton replied: “Nude Dunes looks fantastic and the whole offering, from the food to the view across the bay, is amazing. They have done a first-class job.
“We offer quality grab-and-go food, trying to keep things simple; it is a completely different offering to Nude Dunes and I firmly believe we can coexist.
“We are complementary businesses. Our hours don’t overlap that much and we are actually busier now that Nude Dunes has opened.”
“Major” refurb on the cards… if kiosk allowed to move
He added: “I cannot just walk away from this. We are an established business and I employ up to 12 people. I owe it to them, as well as our customers, to make every effort to keep the Hideout open.
“I readily admit that the kiosk is looking tired at the moment, but I am not going to invest thousands of pounds facing an uncertain future. If we are allowed to move down the slip, then I will carry out a major refurbishment.”
He added: “Also, I am quite willing to accept a ‘no’ from Planning but at the moment I am not sure what the parish wants to do. It makes sense to me for the parish to sign the planning application form and then let the process take its course.
“If the conclusion is that the Hideout cannot stay, then I will accept that.”
“I am seeking advice”
Asked for an update, Constable Jackson said: “I am seeking advice with regard to Mr Sutton’s proposal in order to make a rational decision.”
He added that when it came to the Hideout’s lack of planning permission, it was a matter for Planning Enforcement to decide what to do.