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DPA questioned on open planning meetings with none so far in 2022

DPA questioned on open planning meetings with none so far in 2022

Monday 02 May 2022

DPA questioned on open planning meetings with none so far in 2022

Monday 02 May 2022


The Development & Planning Authority says that it remains committed to open planning meetings despite not holding one for the past seven months and having no plans to hold one imminently.

There has previously been an average of between four and five open planning meetings a year. But since October 2021, all applications have been decided in private by officials rather than in public by elected members of the Authority.

The President of the Authority, Deputy Victoria Oliver, pictured top, told a public hearing held by the Scrutiny Management Committee that the Authority wanted to continue with open planning meetings where appropriate. 

"I think that - apart from the Auberge - all the open planning meetings that needed to go have gone," said Deputy Oliver.

"We have criteria for anything going to an open planning meeting [including] size and public response and if it is really controversial."

Table_of_open_planning_meetings_per_year_up_to_end_of_April_2022.JPG

Pictured: The number of open planning meetings held so far in 2022 compared to each of the past nine years.

Earlier this year, Deputy Steve Falla told Express that it was "reputationally damaging for government" when an application for change of use at the former Auberge restaurant at Jerbourg was determined in private by officials rather than in public by elected members of the Authority. 

Deputy Oliver acknowledged at the scrutiny hearing that it may have been better to refer the Auberge application to an open planning meeting. 

"We, as a committee, voted and we decided against it. Hindsight is a wonderful thing and it probably could have gone to an open planning meeting," she said. "But there was so little content in the application that it seemed like quite a waste of money because there wasn’t much content within there to actually discuss."

Jim Rowles, Director of Planning, told the hearing that it was "a 50/50 call".

"It’s around community expectations and the [Authority] is in a bit of a no-win situation. If it takes something like that, it increases the expectation that people will be able to oppose it and get the decision that they want," said Mr Rowles.

"The committee in the end decided, by majority, to delegate it [to officials] because of the substance of the application. There were very, very few alterations to the property and the change of use itself was completely uncontentious and in line with policy. The committee decided to explain that through the media and also had the opportunity to respond to some Rule 14 questions [from Deputy Falla]."

Auberge.png

Pictured: The Development & Planning Authority was split three votes to two against holding an open planning meeting for a high profile change of use application at the former Auberge restaurant at Jerbourg.

The States have directed the elected members of the Authority to resolve "the most contentious or high profile or atypical" planning applications and to do so "at open planning meetings held in public".

Decisions of the Authority can be overturned by a Planning Appeals Tribunal which is not elected by the public. But Deputy Oliver thinks that political involvement in planning applications remains important.

"Personally, I think that, because you’re an elected representative, people actually feel that you should be involved," she said.

"We still have to make the decision on policies [in the Island Development Plan], but we also have the authority to go through the process to change policy if we feel that it is necessary.

"There have been some [applications] where the committee has rejected it, it has gone to tribunal and we’ve either lost or won, but there are definitely things that have come out of those meetings...sometimes, going to open planning meetings and tribunals, you learn things and it improves policies as a whole."

La Grande Mare plans

La Grande Mare golf club plans

Pictured: Deputy Victoria Oliver told a Scrutiny Management Committee public hearing that there was little appetite in the community for an open planning meeting on an application to develop La Grande Mare Hotel into a landmark golf resort.

The Authority was also questioned about the development of the former La Grande Mare Hotel at Vazon, another high profile application which did not make it to an open planning meeting.

"It was voted on with the [Authority] and the [Authority] decided not to. It’s not just down to one member to say they want to take it to an open planning meeting. It’s a committee decision and it will always remain a committee decision," said Deputy Oliver.

"I don’t think…the public of Guernsey actually did want an open planning meeting on that one [La Grande Mare]."

Deputy Andrew Taylor, the Vice President of the Authority, said that the application to develop the former La Grande Mare Hotel was a good example of a planning application which divided opinion.

"There was pressure. My view was that there were definitely two camps," said Deputy Taylor.

"A camp that said this is a massive application that is going to be great for the island – pull out all the stops and do everything you can. On the other side, you’ve got: it shouldn’t matter how big it is – we’re all equal – it doesn’t matter how much money you’ve got – we should all be treated equally in the planning system. There is pressure there.

"The applicant had indicated that, if this wasn’t done in a sensible timeframe, they would have been pulling out – they wouldn’t carry on. The decision not to go to an open planning meeting on that particular case was based on timeframes. To hold an open planning meeting…would have delayed that decision making so it was done based on very limited representations." Deputy Taylor stressed that the application was still considered thoroughly and determined against established planning policies.

Development & Planning Authority Committee

Pictured: The Development & Planning Authority insists it remains committed to open planning meetings where appropriate.

The Scrutiny Management Committee panel - which comprised Deputy Yvonne Burford, the President of the Committee, Deputy Simon Fairclough, the Vice President, and Shane Langlois, a former States' member - also asked the Authority whether it was concerned that it had become too close to States' committees preparing planning applications.

"I don’t think there has been too much of a change," said Deputy Oliver.

"We have worked together with the Policy & Resources Committee as we would any other committee. I think it’s important to show a joined-up committee rather than stand off.

"As soon as the application comes in, you take a step back. As long as you yourself can look at it with an unbiased view, then that’s all that matters. If you can’t, then you have to recuse yourself.

"I think you’re talking about the Castel Hospital. Yes, we are supportive of doing a Development Framework, which was said at the time, but I don’t think that’s saying that development definitely needs to go there or how that development is going to be shaped or what it’s going to look like at all. It’s advising on the process."

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