First amendment submitted to P&R's east coast development agency

Thursday 17 March 2022

Deputy Victoria Oliver wants to change the order of work and timelines for the future development of the island’s harbours.

The President of the Development & Planning Authority is asking the States to decide on the future development of the commercial ports before requiring her Authority to draw up planning guidance for prospective developers.

Her amendment was published this morning. It is the first amendment to the Policy & Resources Committee’s proposals to set up an arm's length development agency to lead the development of large parts of the island’s east coast. The States will debate the Committee's policy letter and amendments the week after next.

Deputy Oliver’s amendment, which is seconded by the Authority’s Vice-President, Deputy Andrew Taylor, proposes that the Authority should draw up planning guidance for the harbours at St. Peter Port and St. Sampson “within 18 months following a decision of the States which provides direction as to the future development of commercial port infrastructure for Guernsey”.

If her amendment is approved by States’ members, it will replace the Policy & Resources Committee’s original proposal “to direct the Authority to complete the Local Planning Briefs [planning guidance] for the St. Peter Port and St. Sampson Harbour Action Areas by December 2022” irrespective of whether the States’ Assembly has first decided on the future development of the commercial ports.

Pictured: The Policy & Resources Committee is asking the States to set up an arm's length development agency to lead the development of land stretching from The Bridge, above, to the southern end of Town.

Deputy Oliver said that the approach proposed by the Policy & Resources Committee would result in any planning guidance issued by the Authority having “reduced practical value”.

She said that approving her amendment would “provide a rational, sequential approach to the development of the Local Planning Briefs…following adoption by the States of an agreed direction as to the future development of commercial port infrastructure”.

“If prepared in the absence of direction from the States as to the future development of commercial port infrastructure for Guernsey, encompassing at least the nature of required facilities and their general location, the Local Planning Briefs…will have reduced practical value in terms of providing enabling policies and land use planning guidance for the future development of these harbour areas,” said Deputy Oliver.

“This amendment therefore seeks to rectify this problem by deferring preparation of the Local Planning Briefs until after direction has been provided by the States as to the future development of commercial port infrastructure, which will have a fundamental effect on the drafting of the Local Planning Briefs, and will allow an achievable period for preparation and completing the required statutory process following that direction.

“The proposition will result in a more effective and cost-effective process for preparation of the Local Planning Briefs for the St. Peter Port and St. Sampson Harbour Action Areas and greater certainty and direction about constraints and future development opportunities arising within those areas."

Pictured: Deputy Steve Falla submitted Rule 14 written questions to the Development & Planning Authority about planning guidance for the harbours.

The publication of Deputy Oliver's amendment coincided with publication this morning of her replies to questions submitted by Deputy Steve Falla about how the Authority would draw up planning guidance for the development of the harbours.

Deputy Falla's questions included one asking whether it was realistic for the Authority to draw up planning guidance this year, as proposed by the Policy & Resources Committee.

In reply, Deputy Oliver said: "The Local Planning Brief/s for the Harbour Action Areas is an important and complex piece of work, the process and requirements for which are set out in legislation. The Authority has submitted an amendment to the development agency policy letter...which will allow an achievable period for preparation and completing the required statutory process following that direction."

In reply to other questions from Deputy Falla, Deputy Oliver said: "Until Local Planning Briefs are in place, no development can come forward in these areas unless it is minor or would not adversely impact the development of a Local Planning Brief. As part of the Local Planning Briefs process, evidence will be gathered to underpin and inform their development. That evidence will include the functional and operational requirements of the harbours.

"To produce a Local Planning Brief for the Harbour Action Areas, the Authority will seek to procure the services of a consultant with particular expertise in the development of Local Planning Briefs or similar documents particularly for coastal, harbour or waterside settings of comparable size and strategic importance.

"The Local Planning Brief process is set out in legislation, ordinance and regulation and includes the requirement for an independent planning inquiry and adoption by the States. The legislation includes requirements for notification, publication and opportunities for representation. The development of a Local Planning Brief would include engagement with relevant stakeholders, experts and usually engagement with the public would be expected as part of evidence gathering to inform the brief process."

Pictured: When unveiling the proposals for a development agency, the Policy & Resources Committee's treasury lead, Deputy Mark Helyar, said: "There has been significant support for this idea for a number of years, from States’ members, from the community [and] from business representative bodies."

The States' debate on the proposed development agency is scheduled for their next meeting, which starts on 30 March.

On Tuesday, Express reported that Deputy Yvonne Burford is considering submitting an amendment to the Policy & Resources Committee's proposals to address her concerns about access to information on the development agency's work if the States agree to set up the agency.

The Committee has said that the development agency would not be subject to the States' Freedom of Information Code and Deputy Burford has said she thinks it should be.  

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