‘Deputy’s requete could improve wholly inadequate planning law’

Several deputies are calling for more protection of open land, States involvement in developing Leale’s Yard, reducing the amount of housing being built and giving greater power to politicians to make decisions on planning applications.

The requete also calls for greater representation for third parties in the planning system.

It states: ‘Consideration should be given to introducing a third party right of appeal against decisions on planning applications for owners or occupiers of land situated within 50 metres of any part of the application site who have made written representations on the planning application.’

Mike Appelqvist previously told the Guernsey Press it was very concerning that under the IDP, the views of existing home owners seemed to be completely irrelevant in the eyes of the Development & Planning Authority when considering new applications.

He now said he is pleased to see something is finally being done to address the severe imbalance with regard to how planning applications are considered and processed, as before the planning law and related planning processes were ‘wholly inadequate’.

‘There is absolutely no protection or consideration afforded to any existing neighbours objecting to any planning application with regard to immediate impact or to the amenity to them, or the neighbourhood both directly and as a whole,’ he said.

‘In response to every objection received, the D&PA always reply with, “the D&PA have considered all submissions and objections”.

‘This is plainly brusque as the only consideration given is purely binary, i.e. does the planning application meet with planning requirements for that particular area/zone?

‘There is no objectivity applied to accommodate all concerned as neighbours and the neighbourhood are currently quite literally irrelevant.’

Mr Appelqvist said that in the unlikely event of objections being upheld by the D&PA the applicant would certainly win on appeal if pursued in court because they have already met with planners to ensure the development is compliant legally.

‘Anyone objecting to any application at this time will only succeed in creating bad blood with the applicant, without any hope of reaching a compromise regarding the application as there is no requirement or encouragement for the applicant to do so.

‘To request an Open Planning Meeting is also pointless as again, if the objection happened to be upheld by the panel, this would certainly be reversed on appeal in court.’

He said a better solution to public notices which are often placed in subtle locations or put up later than required is to require the D&PA to write to all neighbours within 50 meters of the site on behalf of the applicant and at least two months prior to the closing date for objections.

‘The cost of this would be negligible in the scheme of things and would give greater assurance and ability for interested parties to respond.

‘The current window for objections is grossly inadequate and is merely lip service, just ticking the box,’ he said.