The owner of Nude Dunes has failed in her latest attempt to create a self-catered holiday let in the former café at La Pulente.
Nadia Miller has made several attempts to change the use of the building, which has been empty since the Nude Dunes business went bust in November 2023.
This latest move was an appeal against a refusal by the Planning Committee in July.
Her planning application had sought permission for a partial change of use from café/restaurant to self-catering holiday accommodation, the enclosure of the southern terrace for café use, installation of a pergola on the northern terrace, and various external and landscaping alterations.
The retention of public toilets was also included in the proposal.
Reviewing the appeal, independent planning inspector Nigel McGurk recommended that it be dismissed.
Environment Minister Steve Luce has accepted this recommendation, agreeing that the proposed development would be “highly visible due to the property’s dominant position and would cause significant harm to the character and special qualities of the Coastal National Park”.
While acknowledging the potential economic benefits of bringing a vacant building back into use, supporting tourism, and reopening public toilets, the inspector concluded that these outcomes could be achieved through alternative proposals that do not compromise the integrity of the national park.
The inspector also found that the proposal failed to meet the requirements of Island Plan policy ‘EV1’, which calls for new visitor accommodation to enhance the quality of Jersey’s tourism offering. He noted that a development which detracts from the appeal of its location cannot be considered a positive contribution.
Additionally, the inspector raised concerns about the shift away from a daytime and evening economy use. He stated that there is clear market demand for the site’s current use, and that the lack of alignment with the applicant’s financial expectations does not justify a change of use.
On balance, the inspector concluded that the proposal did not constitute sustainable development. Deputy Luce, having considered all aspects of the appeal, was satisfied that there were no grounds to overturn the original decision and has therefore dismissed the appeal.
There are other appeals relating to Nude Dunes going on in parallel to this one.
Ms Miller has appealed an earlier application’s refusal to the Royal Court. She has also appealed against official enforcement notices ordering her to stop using the beachside building for private residential use and to remove a modular building on its roof and a fence.
The appeals form the latest chapter in a long-running story of a former toilet block at La Pulente which the States sold to a developer in 2014 for £100,000.
The owners of Nude Food bought the building in January for £1.5m, using a £2.1m loan from Ms Millar. They subsequently put the property on the market in March 2023, conditional on leasing the property back to the Nude Food for a minimum of ten years.
However, no sale was forthcoming and Nude Food ceased trading in November 2023, having opened that June.
Ms Miller’s first attempt to change the use of the former restaurant prompted a public protest in July 2024, which was attended by up to 300 people.