Planning applications may be refused to be accepted if enforcement action is already under way at the site or property in question, the Environment Minister has said, as he promised to update the law to fill a legal void.
Deputy Steve Luce said that work was in train to bring forward proposed changes to the Planning and Building Law to introduce “a suitable legal mechanism to prevent the submission of one or more applications when enforcement action has been taken”.
Currently, there is no law to stop someone submitting a planning application where development of that site is subject to enforcement action relating to a suspected breach of the planning law.
As an example, retrospective applications for a fence and storage pod at the former Nude Dunes restaurant at La Pulente were submitted – and recently refused – even though an enforcement notice requiring their removal was already in place.
The application submissions were perfectly legal under the current law.
Deputy Luce announced his intention to update the law in answer to a formal written question asked by Deputy Montfort Tadier, who asked for a policy update.
Reacting to the minister’s pledge, Deputy Tadier said: “I raised this question because islanders expect a planning system that is consistent, timely, and capable of dealing effectively with unauthorised development.
“In some cases residents feel that enforcement is slow, unclear, or undermined by repeat applications that delay action. It is important that we address these concerns directly.
“The minister’s response confirms that there is currently no specific policy governing enforcement action when a live planning application is pending, and that the law does not yet provide a mechanism to decline new or repeat applications while an enforcement notice is active.
“This gap can cause real frustration for neighbours and members of the public who see breaches continue while the process drags on.”
He added: “I welcome the minister’s acknowledgement of this issue and his decision to proceed with legislative changes that would allow the planning authority to decline certain applications where enforcement action is already under way.
“This is a necessary and overdue step, and I look forward to seeing draft legislation brought to the Assembly later this year.
“Many people still feel that the system does not respond quickly enough or firmly enough when breaches occur. Ensuring that enforcement is not only legally robust but also practically effective must remain a priority.”
The former Nude Dunes site is currently on the market to rent or buy.
Recently, the owner changed the class of the property through building bylaws to allow it to be rented as an office, shop or other non-hospitality business.
The owner is also appealing against the refusal of an application for it to become tourist accommodation.
The listing states: “Two plans are currently under appeal for planning approval on 12 February, both incorporating self-catering accommodation, with one plan also including the covering of terraces to the south and north.
“Flexible seating areas, modern landscaping enhancements, and improved access for families are planned to elevate its appeal. Each proposal is subject to obtaining the necessary planning permissions.
“These improvements, along with the inclusion of a two-bedroom summer let, offer dual income streams, making this property an attractive investment. Its unique design and prime location within the Coastal National Park make it appealing to lifestyle investors and seasoned buyers alike.
“The café’s modernised infrastructure and thoughtful design ensure an inviting atmosphere for both visitors and residents, making it a true destination.”
It adds that rental options will also be considered.