Minister's decision to call planning inquiry into Bouley Bay hotel redevelopment ruled 'unlawful'
The former Environment Minister's decision to call a planning inquiry into the redevelopment of the old Water's Edge Hotel at Bouley Bay has been ruled 'unlawful' by Jersey's Royal Court.
The prospective owners of the site, which closed to guests in 2015, argued that former Deputy John Young had come to a decision months before calling for a review.
Plans to convert the dilapidated former hotel into a private home were put forward last year, attracting hundreds of public comments.
The prospective owners claimed Deputy Young had sent an email to the Constable of Trinity, Philip Le Sueur - whose parish the hotel is in - as well as members of Planning Department staff, suggesting he had already reached a decision.
Following a back-and-forth exchange of messages, Constable Le Sueur wrote to the Minister expressing his concern.
He said: "My (limited) understanding of the requirements to call a scheme in for public inquiry is that the proposal represents a departure from the current Island Plan (which I don’t believe this is) and if the development would be likely to have a significant effect on the interests of the whole or a substantial part of the population of Jersey (which it won’t)."
Peter Le Gresley, a senior official within the Planning Department, also wrote to Deputy Young to advise him the decision may not stand up to scrutiny.
He explained: "I’ve always thought it part of my role to protect the office of the Minister from decisions which may later be questionable or subject to legal challenge.
"The only criteria on which you may make a judgement are whether the proposed development should be carried out [are whether it is] likely to have a significant effect on the interests of the whole or a substantial part of the population of Jersey, or would be a departure from the Island Plan.
"In my view, neither of these thresholds are met. The interests of a substantial part of the population are not affected – only a small portion – and the proposal is not a departure from the Plan at all let alone a substantial one. Whilst my view is not determinative (this is your territory alone) I do think that you should be aware of it before you make a decision."
Commissioner Julian Clyde-Smith, who presided over the case, found that Deputy Young failed to provide any evidence as to why the proposed development met the threshold for a full Planning Inquiry.
He said: "They do not explain why he is satisfied that the scheme is likely to have a significant effect on the interests of the whole or a substantial part of the population of Jersey.
"Whilst he may have identified what the interests of at least a substantial part of the population are, he has not explained why the scheme is likely to have a significant effect on those interests.
"That failure is fatal to the legality of the decision in that it shows either that the Minister did not understand the threshold or that he was unable to explain why the threshold was met.
"Either way, the decision must be set aside as unlawful."
When contacted by ITV News, Mr Young urged his successor, Deputy Jonathan Renouf, to consult with the Law Officers Department.
He said: "It would be inappropriate for me to comment on the detail of the judgment. That will be for the new Minister to consider, and I hope he will seek further legal advice."
In response, Deputy Renouf said he will be considering the department's next steps.
He explained: “I am aware of the judgment from the Royal Court relating to the public inquiry called by my predecessor. I am now considering the various options available to me. It would not be right for me to comment further at this point.”
The applicant Water's Edge Jersey (WEJ) do not currently own the site but are proposing an alternative scheme to the 25 luxury homes that already have been given planning permission under the current owner.
If that scheme is approved then WEJ would take over the site, otherwise the area would stay in its current ownership and the other development would go ahead.