Last year in March, we reported on the ‘Battle of Kepple Tower’ – a dense development of 16 apartments to be called ‘The Waves’ on the seafront at La Rocque which would detrimentally affect Seymour Cottage, the home of 86 year old Mary Herold. We supported Mary’s case and did what we could to help.
While Mrs Herold successfully won her appeal last year against Planning (in the Royal Court with a judgement given on 16th January, 2014), the final decision rested with the Planning Minister who approved the plans when the Planning Panel were split 50/50.
The Royal Court found that: ‘Had we been deciding the matter ourselves, this Court unanimously would have refused the application.’ …But, after making a minor adjustment, the Planning Minister approved the application.
So a further appeal was launched by Mary Herold and her grandson Gregory Herold-Howes and the judgement was released last Thursday.
The Court found that the Minister had made the wrong decision and ordered that the Minister cancel the Planning permission.
We are naturally very pleased for Mrs Herold and her family and supporters who have battled against dense residential coastal development of our east coast and won against all odds including the Planners who favoured this development.
Maybe this brings hope to our current battle for the Esplanade car park, the single use development of which is in contravention of the Island Plan SPG WF3 policy.
For as the Commissioner, Julian Clyde-Smith, said in his judgement, ‘I regard as untenable the proposition that if there is a breach of any one policy in a development plan, a proposed development cannot be said to be “in accordance with the plan.” ‘
The full judgement can be read here.