Planning ruling sinks floating restaurant

Monday 19th September 2011, 2:29PM BST.

Stephen Haines. (Picture by Adrian Miller, 0868658)HOPES of seeing Guernsey’s first floating restaurant have been scuttled. Planners rejected the application.

Beaucette Marina owner Stephen Haines (pictured) said he was extremely disappointed to see his plans to install the converted 110-ft long barge, the Marienborgh, into its berth sunk after investing thousands into the project.

‘They said they would not allow two retail outlets there,’ he said.

‘I never had any real hopes of making money from it – it was a gift to the island, kids loved the idea and parents loved it. I wanted it to be something that people would look at and say, “wow”.’

He said he had no plans to appeal the decision.

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  1. 1
    DA

    Another victory for the planning robots who must obey the holy grail of planning law regardless of any consideration to the real world.
    By the way does anyone remember in the early eighties the previous owner of Beaucette brought over an old light vessel with a view to convert it to a restuarant, I believe the intention was to moor it outside of the marina but I may be wrong. Marine & General Engineers Ltd. did a lot of preparation work on the vessel. I can’t remember why it never happened, maybe the then IDC had the same viewpoint as our current high and mighty arrogant planners do.

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  2. 2
    Martino

    He should appeal. It was not a reasonable decision. He has the money to take it to the Royal Court.

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  3. 3
    Dave Barrett

    Obviously against the policies of the Nautical Area Plan!

    I don’t have a copy of the area map but I wonder if the semi tidal basin of the marina is zoned at all. The planners might be out of their canoe here.

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  4. 4
    ray

    Meanwhile back at Le Lievres in Church Square,an area crying out for another restaurant …

    The Deputies ‘in control’ of the Environment Department are …

    Deputy Sirrett The West
    Deputy Tasker St Peter Port South
    Deputy Honeybill The Vale
    Deputy Le Sauvage South East
    Deputy Paint Castel

    Please show your appreciation next April

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  5. 5
    Local Guern

    I am disgusted, and i want answers why the planning dont let these things go ahead which are great for the island, my self and many other people i have spoken to were really looking forward to having a floating restaurant at the north of the island. Mr haines also wanted to rebuild the top restaurant and that would have looked great with a lot more facilities.Just one more thing why are people letting these planners make these decisions which are ruining this island i just wish every body would stand up and demand answers.

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  6. 6
    Ted

    I have no view on the floating restaurant issue but I do have a view on the frequent objections to planning decisions based on expediency, reason or common sense. The department has to apply the law as it stands. If people don’t like the provisions of the law they should get it changed. Sometimes it sounds as if protestors would rather not have a rule of law.

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  7. 7
    Martino

    You’re right to highlight the political make-up of this department Ray. Yet another terrible decision. I’m sure Mr Haines’ excellent proposal was scuppered by the grey, faceless planners but Sirrett and his spineless mob should have shown the balls and the common sense to allow it to go through.
    Ironic that the only time they went against the planners’ advice was to stop a poxy phone mast going up. You can be sure they’ll allow lagan’s to put erect a temporary village at the Mallard vinery despite the fact that there’s plenty accommodation for the airport workers at the Manor and elsewhere.

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  8. 8
    Martino

    Having heard Stephen Haines on Radio G just now I am even more livid. These faceless planners who are supposed to serve us are like fifth columnists in our community, intent on destroying anything that’s in the slightest way progressive and beneficial. As Mr Haines said: “No creativity, no forward thinking.” It would have been fantastic but our loss is now someone else’s gain.

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  9. 9
    Ray

    Ted

    I fully agree that the Environment department has to apply the law as it stands

    I fully agree that if people don’t like the provisions of the law they should get it changed

    Who do we look to to get a bad law changed?

    Unfortunately it’s the five numpties who have been sitting on their hands drawing their £500 per week for the last four years

    Surely they must have realised that something is rotten in their department.I can’t vote out Mr Rowles and his fellow pedants and by accident of address I can only try to vote out one of the five aforementioned ‘statesmen’

    It’s time that the voting population made a stand and getting shot of the pretty useless bunch who are supposed to be running Environment on our behalf would be a good start

    Mr Honeybill, not that I’ve ever had the pleasure of a visit from you at election time, please save yourself a visit to my Vale home next March / April

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  10. 10
    Dave

    Dear oh dear! What’s wrong with the Environment Dept? Two retail outlets, what, 100m apart! Haven’t they been to town lately. I think it’s a fantastic idea and shows some originality; a trait that seems to be missing in our elected representatives. Mind you, when you think of how long and how hard town restauranteurs had to battle to put the occasional table out on the street, we might have expected this!

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  11. 11
    Neil

    Why would anyone invest 500k on a floating restaurant without first seeking permission?

    Fences and the odd wall, well ok, chance your arm if you must.

    You’d have to have more money than sense to blow that kind of cash surely?

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  12. 12
    John

    I really do not understand there excuse 2 retail outlets on the site how bizarre, I think they have finally lost the plot completely.

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  13. 13
    DA

    @ Ted, I agree that the planners need to control development otherwise any tom dick or harry would be doing anything they pleased.
    The issue most folk have with the current environment department is their seemingly rigid determination to stifle anything by hiding behind the RAP, UAP or any other planning laws. Surely it is for the planners to review their policies and amend them if required or directed to by our elected representatives who sit on the committee, though they in this case are just as arrogant as the civil servants (Syvrets blanket ban on repsonding to articles in the GEP is clear evidence of this).
    Why must the planning laws be LAW, Laws take forever to rewrite and seem set in stone.
    I think most would like to see the planning rules used as a framework with due consideration given to applications that fall outside of the rules assessed on individual merit and value to the community as a whole

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  14. 14
    Stiletto

    What a shame, this was a great and imaginiative initiative. The area is not exactly overrun with choices for dining, is it?

    Well done to Mr Haines, who had the far sighted idea of bringing a unique dining venue to Guernsey, which with it’s long maritime history should have been looked at in a far more intelligent and positive manner.

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  15. 15
    Danny

    These English planners have really lost the plot, First of all what business is it of theirs whether a floating restaurant is likely to be a viable business or not. Absurdly they say that there is an existing restaurant already there and a second is not needed. That flawed logic didn’t apply to the Roll Bar on the Bridge at St Sampson as they granted permission for an identical business right next door. Also why is a restaurant in a land mark building in town (the old Le Lièvre’s building) any more viable as a business in an area with lots of other restaurants? We have an election coming up folks, let’s rid ourselves of these short-sighted deputies and get someone in at the head of the Environment department that will reign in these imported planners and introduce some common sense back into all our lives.

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  16. 16
    Martino

    Neil, he wasn’t doing it as a commercial venture and he wasn’t looking at it in that way. He was trying to give something back to the community but our planners and the useless politicians that are supposed to be in charge of them spurned his wonderful offer with the most miserable of excuses.

    Ted, it’s not just about the planning laws it’s about how they’re applied. They could easily have interpreted those laws to allow this project to go ahead. Instead, they looked for a way to try to stop it happening. Nothing short of a disgrace. John is right. They threw common sense and community spirit out of the window and just lost the plot.

    PS 30 potential jobs down the drain. Let’s hope five more lose theirs next spring.

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  17. 17
    Steven

    To be fair, the marinas are for the use of mooring private boats, not for floating restaurants. But quite why we issue housing licenses for planners is quite beyond me. We have the ability to plan for ourselves.

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  18. 18
    john

    i think you have gone about this the wrong way you should do like others ,just offer them some free meals then it would pass without a hitch
    i think this was a great idea ???

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  19. 19
    Dellquay

    The environment have really lost the plot. Guernsey is suffering badly from lack of tourists and anything that makes it better for them and for locals should be supported and appreciated. Please I just cannot believe this decision. They should overturn it immediately so we can still retain some faith in our planners. You only have to go to the Uk and even industrial Ireland where I come from to see what is being done to attract people to certain areas.They are not stifling business but encouraging it. But yet again these idiots running the Planning Department are ruining any forward thinkers that we have. Poor Mr Haines you have all our support. What a missed opportunity. You needn’t bother asking for my vote Deputy Honeybill as I live in the Vale. Other voters in the other parishers take note – do not vote for these backward thinking plods. Someone in higher authority should do something NOW before they stop or close down everything. I am livid.

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  20. 20
    Jas

    Guernsey planning are not acting in the interests of the island anymore. They are petty beurocrats.

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  21. 21
    5 idiots

    Planners folowing rules? Absolute Rubbish!!!!

    The same Rural area plan applies to a butcher as it did a gift retailer that was using the same site previously, however the butcher can produce and continue to trade but the retailer who was intending to diversify to producing some of its own products (like the butcher does) was told NO! Ask any advocate/lawyer and they will more than likely tell you that if the planners were following the same “rules and regulations” then the butchers would have been given the same answer as the gift retailer and the same reason plus their nature of product should not be being produced under the current category which i believe is cat 37 of the light industrial classifications. (meat is classed a a perishable product). The butchers would need to apply for another change of use that allows meat products as at the moment,according to the written policies they are also trading on site illegally….Or maybe they have a link to the one or two of the main supermarket outlets which also have a very good link in the form of a couple of it’s directors being involved with the environment! (alledgedly). These pompus gits have no idea what they are doing as they continuously contradict themselves,that’s what happens when the laws are made to only bend to suit the businesses of those in power and their “friends”!!

    Appeal Mr Haines, Environment may not want any “Touristy” interests on the Island but WE DO!

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  22. 22
    local guern

    The planners need to go, they are ruining this island, I did not realize they were not local-that makes my blood boil, even more what damn right have they got over us locals telling us what should and should not. I think the floating restaurant would be great for the community and people could make use of the marina and would make a different type of dining experience. roll on voting day.

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  23. 23
    Ray

    My apologies go to Mr Honeybill who I accused of never visiting me in the Vale at polling time …that’s most likely down to the fact that he is a St Peter Port North Deputy!

    However that now makes my democratic position even worse

    Not one of the five numpties who are allowing their civil servants to interpret the planning laws in the most idiotic ways have to rely on the thousands of votes cast in the Vale or St Sampsons

    This Environment Department has to be truly the WORST Environment Department EVER and it is single handedly dragging down the rest of the States with it

    If Trott wasn’t off island so often on private or public business he might have found the time in the last four years to show some leadership and have a quiet word with this pathetic excuse for a committee

    Meanwhile I,and several thousand other northern voters,have to sit quietly by and rely on the common sense of voters in the five other districts to rise up and finally say enough is enough and get shot of this particular bunch of freeloaders

    I believe I now have some understanding of how frustrated the Americans felt just before the Boston Tea Party

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  24. 24
    Ted

    Anyone who feels that the planning rules have been applied incorrectly, whether it be due to the ignorance, stupidity or mendacity of the planners (or their political bosses), can appeal to the Royal Court. Or is the Court subject to the same faults as the Department?

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  25. 25
    Northern Sole

    As someone who’s lived within 500 yards or so of Beaucette for 35 years and been a former mooring holder there, I’ve long thought of the marina as a wasted opportunity. While not a particular fan of the idea of a floating restaurant, I’d perhaps suggest that this was proposed out of a sense of frustration with the Environment Dept over previously submitted plans.

    There’s no question that the planning department needs to be kept in their box by their political masters. The planning officers shouldn’t be the puppeteers. The Deputies on the Environment Dept Committee should be watching over planning law but also exercising its influence over its officers for the betterment of Guernsey. As our represntatives they have to accept the responsibility of control. We don’t need another tier of elected civil servants.

    As part of their brief the current sirring members should be looking to the future and what can help to sustain a community when its primary GDP provider moves on. And it will.

    One of our few resources will be tourism and quality of life – these are not necessarily contradictory. I can see no reason why the ugly ‘control tower’ appearance of the current structure that exists at Beaucette Marina could not be replaced with a landmark two storey building, which could include a restaurant, bar and balcony at first floor level. A tennis court, swimming pool and such like facilities would be obvious additional attractions.

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  26. 26
    Martino

    Nobody is talking about the ‘ignorance, stupidity or mendacity’ of the planners Ted. Everyone is talking about their blinkered thinking, their blind adherence to applying planning guidelines to the nth degree and their seeming inability to act positively on behalf of the community that employs them when presented with an extremely popular and environmentally friendly project that can only be a boon to this island, with NO NEGATIVE ASPECTS whatsoever. It’s called common sense and it is what these planning automatons seem to be completely devoid of.

    As for appealing to the Royal Court, we’ve had our chance and the robots have blown it on our behalf. Mr Haines has decided already to relocate his restaurant elsewhere and who can blame him when faced with the blind bureaucracy and weak political leadership that defines our useless so called Environment Department?

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  27. 27
    Ray

    Ted

    That would be the same Royal Court that according to a recent article costs £750 per hour to use?

    Isn’t there an appeal panel of sensible Guerns available in a case like this or are those panels just there to sort out the chancers from the real victims in employment disputes?

    I wonder if Mr Rowles, the man apparently in total charge at Environment, has ever considered why the Captain’s Table in Herm is so popular with locals and tourists? I would say it’s because of the attraction of a boat trip to go with an excellent meal… something different … just as dining on a floating restaurant would be

    This man needs to be sent back to the UK for further training

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  28. 28
    Geoff

    If Ted has read the planning laws or been to any appeals like I have then he will see how the planners play with the laws and policies. One application will be accepted, another exactly the same rejected. The planning laws are flexible the problem is the people implementing them.

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  29. 29
    A.J.

    Well said DA. I agree entirely with your comments. Yes, we do need some sort of control. But by that I mean ‘by Guernsey people’ It has long been obvious to most of us, that this Island is overpopulated,and that is the main cause of all our problems,which have been, for far too long, under the control of immigrant civil servants who ( upto now anyway ) cannot be removed.

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  30. 30
    Bridge

    “Gift to the island”??!! Whatever…

    How many businessmen do you know who conduct their enterprises out of charity?

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  31. 31
    Geoff

    Ray – “That would be the same Royal Court that according to a recent article costs £750 per hour to use?”
    You forgot to add legal fees of £400-£500 an hour as you will need an advocate to make sense of the laws.

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  32. 32
    killjoy..

    I think the planners got it right,but for the wrong reason.Tipsy diners and gangplanks certainly dont go together,an inevitable build up of rubbish and pollution will occur,wildlifes habitat further disrupted. Thanks! but No Thanks !

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  33. 33
    Ray

    Geoff

    Absolutely right.’Justice’ doesn’t come cheap on our little rock

    The fault in many cases lies with poorly prepared legislation.Any law that is so badly drafted that it requires hours of expensive argument from two opposing sides to interpret what the lawmakers meant is bad law
    e.g. …

    Speed limit 35MPH .. good law
    Drink driving limit .. good law
    Four legged sh*t machines banned from beaches between specified dates .. good law

    Fishing limits which do not stand up to scrutiny .. bad law
    Employment legislation requiring the introduction of lay panels to sort out..bad law
    Planning rules which can be twisted to suit whatever an out of control planner feels like on any particular day of the week .. bad law

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  34. 34
    valeite

    As Valeites we often walk down to Beaucette and enjoy the area very much. We spent many an evening having a meal with Franco and staff, but it was time the decor and restaturant was updated.
    I believe this is what Mr. Haines tried to do, he wanted to build a two storey restaurant with a balcony, but no that was turned down, now what an opportunity that would have been with those wonderful views. They have updated the restaurant and I believe they are very busy, but what harm would there have been in allowing this to happen.
    I cannot believe knowing how environment work that Mr Haines did not discuss this floating boat idea before he purchased it and sent it on its way.
    I agree with Northern Sole this area needs a little bit of money spent on it and it seems Mr H is willing to do so, think of us Valeites we have had enough of the dumps and rubbish and need some excitement in our lives.

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  35. 35
    Geoff

    Ray I made an error in my calculation for legal fees!
    Having taken legal advice myself on an issue I have with Planning the fees were nearly £600 an hour! £390 for the Advocate and £195 for his assistant. Costly business to fight injustice as I don’t have the taxpayer behind me covering my costs like they do.

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  36. 36
    Pete Sirett

    I feel I must respond to the many ill-informed comments on this thread before they become “fact”.
    1. The Environment Board and the planning staff are required to operate under the Planning Laws of this Island, in accordance with the Urban and Rural Area Plans which cascade down from the Strategic Land Use Plan. All of the Laws and Plans are approved by the States of Guernsey. The Environment Board cannot simply change the Laws or the Plans, that is something only the States of Guernsey can do.
    2. An applicant who believes his application has been rejected unfairly has a right of appeal to the Planning Appeals Panel, an independent body of professionals who are appointed by the States of Guernsey. There is absolutely no need to appeal to the Royal Court with the associated costs of such action, whatever they may be.
    3. In the interim and purely in the interests of accuracy, I suggest contributors to this thread should visit the States of Guernsey website, and in the Environment Department section relating to planning applications read the details listed under FULL/2011/1761.

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  37. 37
    Bridge

    @Peter Sirett: Any half-wit knows that the Planning Appeals Panel is comprised of States Yes-men. So don’t bore us all with patronising remarks about not needing the Royal Court – the public aren’t as stupid as you clearly think they are.

    The fact is that the Environment Dept is a DISGRACE and EVERYONE knows it.

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  38. 38
    Geoff

    Peter Sirett – You are brave to come on here and make comments to defend your department and you have every right to air your views the same as we do.
    I would like to point out that to go to appeal with any real chance of a fair hearing you need legal advice and this costs money. Between the Planning Department and Appeal Panel they can tie you up in knots in legal and technical jargon. I have been to a number of Appeals so have seen it in action and it a daunting prospect. You can defend your department till the cows come home but the amount of feelings and anger against your departments highlights that something is very wrong. We are intelligent sensible people also and most appreciate we need planning laws and regulations but they must be implemented fairly and this is where this department fails badly.

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  39. 39
    Ray

    Thank you Pete Sirett

    The planning refusal document confirms the widespread belief that the planning department’s default setting is ‘Refuse everything if there is the slightest possibility that we can justify our interpretation of the Law’

    There appears to be no objection on the grounds of visual impact,nature conservation,nuisance to neighbours or car parking facilities

    The decision seems in the main to be based on the fact that the applicant has failed to demonstrate that there is an acknowledged demand of the visitor population for the proposed restaurant

    Under the heading ‘Consultations’ is the single word ‘none’

    I take it that in this new era of joined up government no one has bothered to seek out the Tourist Board’s view

    So how can the applicant demonstrate a visitor population demand? The marina hosts up to 600 visitors each year.Would a 600 signature petition suffice or perhaps it would only require a 51% poll of 306 signatures to carry the day

    Unfortunately we all know that petitions carry very little weight in democratic Guernsey

    Here’s a suggestion.Policy RE4 allows for extension,alteration,re-building or other works to existing premises

    Re-visit the application and treat it not as a NEW retail outlet but as an EXTENSION of the existing facilities

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  40. 40
    Paul Le Page

    Deputy Sirett – thank you for taking the time to contribute. To respond to your points:

    1. The vast majority of islanders accept that planning permission must be granted in accordance with the law. We’re not disputing that – simply the pedantic manner in which the law is interpreted and applied by the current incumbents.

    2. Having an appeals panel appointed by the States sounds like a nice “circle the wagons” manoeuvre to me. Surely such a panel should not only be independent, it should be independently appointed?

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  41. 41
    FlyingScot

    @Ted – well said! In what other field does the GP argue that the law should be applied with ‘flexibility’ & ‘common sense’? Criminal? Civil – no, only in planning. If people don’t like the law, by all means campaign and vote for it to be changed – but don’t argue that it should be applied (only when it comes to Planning) ‘flexibly’ – i.e. – ‘if I like it its ok, if not, no’ – then we’d be back to the IDC and ‘does your face fit?’ The GP campaigns for the Environment Board to ‘listen to islanders’ – and when they do, over the Vodaphone/AirTel mast have a complete hissy fit and denounce them for not ‘listening to the experts’….Moral of the story – they (civil servants or politicians) – can’t win!

    By all means, vote the current lot out – but be careful what you wish for!

    @Deputy Sirett – thank you for ‘putting your head above the parapet’ – yours, truly, is a thankless task. Bring back the ribbon development of bungalows! (Not.)

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  42. 42
    A.J.

    D.A.and Paul Le Page have it in a nutshell. Yes of course we need planning laws,but then that has allways been the case. The (then)IDC ws n’t allways popular but at least it consisted of 12 representatives, most of whome were local,and had lived on this Island long enough to have a feel for Guernseman.The biggest change came when, Pat mellor decided that she wanted to see all future residential development to be in the St peter Port-St Sampsons corridor, in the form of ‘flats’ thereby saving our countryside,meanwhile, where was she planning to live? In Cyprus !

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