Tuesday 14 January 2014
Environment Department response to media enquiry from Guernsey Press.
Guernsey Press Enquiry:
Thanks for the response today on the non-determination case for the Manor Hotel. Since we last got in touch I have spoken to the applicant, who said he was concerned that the department has said there was insufficient expertise within the States to make a decision on the case and Commerce and Employment were now considering commissioning a professional to look at the case.
This does raise some questions about what aspects of the case is the department unable to deal with and why, and also why has it taken so long to come to this conclusion?
Is C&E looking to employ a new full-time member of staff or take on a consultant on retainer for this case, and how much could this cost?
Also, if the department cannot decide the case, why would the independent planning tribunal be able to make a ruling?
Lastly, if the department was not able to decide this case, how was it able to determine the Greenacres application, which was a similar case?
Environment Department Response:
Rural Area Plan Policy RE12 regarding change of use or redevelopment of visitor accommodation states as follows:
"The change of use or redevelopment of visitor accommodation to other uses will only be permitted where it would not prejudice the retention of an adequate stock of visitor accommodation across the Island and where:
(a) the existing premises provide an unsatisfactory standard of accommodation and facilities and are incapable of
being upgraded or otherwise adapted to a satisfactory standard or, changed to an alternative visitor accommodation
use at reasonable expense, having regard to the location, immediate surroundings and size of the establishment; or
(b) the premises are currently of an inappropriate size for a modern, viable operation and are not readily capable of
being suitably adapted or re-sized.
Where a residential use is proposed, a satisfactory living environment and standard of accommodation must be provided including satisfactory levels of amenity, servicing and parking provision appropriate to the type of accommodation being created and its location.
Proposals for the re-use or redevelopment of former visitor accommodation for housing purposes comprising sheltered accommodation, residential or nursing homes or staff hostels will generally be supported."
In most cases, e.g. the Greenacres Hotel application, where loss of visitor accommodation is proposed in a planning application, the Environment Department in consultation with the Commerce and Employment Department is able to determine the application concerned without difficulty having regard to the provisions of Policy RE12.
The Commerce and Employment Department is routinely consulted on planning applications affecting the visitor accommodation sector in accordance with the relevant planning policies and provides its expert advice to assist the Environment Department in determining those applications under the Land Planning and Development Law.
In the specific circumstances of the Manor Hotel planning application, having particular regard to the physical condition of the building and considerations of economic viability, and in light of the substantial amount of material submitted in support of the proposal with the application, it was felt that it would be helpful for the Commerce and Employment Department to have further information in relation to viability, to ensure that all the relevant issues referred to in Policy RE12 were considered with the benefit of as much information as possible prior to a decision on the application being made.
It was therefore suggested that a local expert be appointed by the Commerce and Employment Department in this specific case to assist in the assessment of the material submitted with the application. This proposed step was unusual but reflected the very particular issues surrounding the Manor Hotel application. There is no intention to appoint additional staff within the States to carry out such work on a routine basis as such assistance would not normally be required.
The Environment Department advised the applicant of this intention to seek further expert opinion prior to a decision being made, however the applicant has responded by appealing against non-determination of the application as is their statutory right after 13 weeks from receipt of a valid application.
The above issues will be addressed in further detail as part of the planning appeal process. It will be for the Planning Panel to assess whether they have sufficient information to determine the appeal.
Contact Information:
Jim Rowles, Director of Planning
Environment Department
Tel: 717200
