Marcus Kraig Stone, who has made several public comments objecting to the scheme for the Portelet Bay Café, submitted the challenge in June.
It was lodged shortly after the Planning Committee voted 3-2 in favour of the application, and followed representations from the proprietors of the business who said that the bank at the back of their premises had repeatedly collapsed since they bought the site in 2014.
The plans to stabilise the cliff and add improved terraced seating for the café’s customers have received 163 public comments on the planning website.
They also attracted several objections related to the impact of the changes, such as the effect on parking in the area and the surrounding environment. This included criticism from Portelet Bay Management, which oversees the 46 apartments and seven houses on the headland above the bay.
Among the concerns raised were a potential increase in traffic and noise pollution on the basis that the new terrace would draw more customers to the beach.
In his appeal Mr Stone said that the application should have been refused from the ‘very start’ as the site is located in the Coastal National Park where there is a presumption against any form of development.
Within his letter of appeal, Mr Stone said he believed that the Planning Committee demonstrated bias and a lack of consideration to the objectors of the application.
It said: ‘In particular, Deputy Mary Le Hegarat manifestly showed either bias or lack of consideration of the merits in her decision-making process by wrongfully ignoring the serious parking issues and making constant references that the beach was a public place – a point not in issue or raised by the objectors. This may be a result of her inexperience but clearly tainted the decision.’
Mr Stone said the Planning Committee had also failed to consider the noise disturbance to neighbours created by an increase in the number of customers travelling to and from the area as a result of the building of a new terrace.
One of those who commented in favour of the application, Nick Steel, of Jersey Business, said the owners of the café had shown an exceptional attitude towards the conservation of the area and that it was important to support them.
Interesting that those who ‘fiercely oppose ‘ our plans to stabilise the bank and create a decked seating area didn’t make a single comment on the other recently approved application in Portelet bay. If they are so concerned about policy NE6 why only ours ?
— Portelet Bay Cafe (@porteletbaycafe) July 28, 2021
‘Jersey Business have worked alongside the owners of the Portelet café since its start in 2014 and have seen the business go from a dilapidated building to a thriving seasonal business, respectfully and sympathetically brought back to life by the owners,’ he said.
‘Jersey needs to support quality contemporary and on-trend businesses such as Portelet Bay Café to continue to improve and develop their business so they can play their part in helping our overall hospitality sector recover.
The JEP contacted the owners of the café but they did not wish to publicly comment on the appeal. The plans can be viewed here.
