Collas Crill has played an integral part in an appeal to the Royal Court to overturn the decision of the Assistant Minister for the Environment, who refused a planning application appeal which was previously recommended for approval by an Independent Planning Inspector. Partners Nuno Santos-Costa and Pamela Doherty advised Le Masurier.
Le Masurier, one of Jersey’s oldest and largest property companies, submitted their proposal for the Broad Street regeneration project, Le Sablons, which included the demolition of existing buildings and the construction more than 200 residential units. The proposal had been recommended for approval by the government-appointed Independent Planning Inspector, but was over-ruled by the Assistant Minister for the Environment in what has been described as a 'failure to give due consideration to the Inspector's Report and give intelligible and adequate reasons' for her decision.
Pamela Doherty, Property Partner, said: 'Following the recommendation for approval by the Independent Planning Inspector, we were confident that the decision of the Assistant Minister was unlawful on two grounds; namely the failure to give due consideration to the Inspector's report and to give adequate reasoning behind her decision.
'Following the lodging of our appeal, Collas Crill are delighted that the Minister will not be contesting the appeal, the decision of his Assistant Minister has been quashed, and will be remitted back to the Minister for further consideration', she added.
The application will now go to the Minister for the Environment for reconsideration, with the reasonable costs associated with the appeal to be paid for by the Minister.
Brian McCarthy, Managing Director of Le Masurier commented: 'We are hopeful that the right decision will be made promptly to grant a consent for Les Sablons, in accordance with the Independent Planning Inspector’s clear and unequivocal recommendation.
'Le Masurier’s £120 million investment would contribute to the island's chronic housing shortfall, including assisted purchase housing, on a town centre brownfield site, thereby protecting our precious countryside. It would deliver 150 full-time jobs, boost tourism, and create a publicly accessible courtyard garden.'
Image courtesy of Le Masurier
