Jersey Unreported Judgments

Inferior Number Sentencing - contravention of the Planning and Building (Jersey) Law 2002

[2016]JRC170

Royal Court

(Samedi)

23 September 2016

The Attorney General

-v-

Ivor Eldon Barette

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

Age:  65.

Plea: Guilty.

Details of Offence:

The defendant owned a property known as Broughton Lodge Farm.  It consisted of a farm house and outbuildings, which contained 18th and 19th century features.  The property was listed as a site of special interest in December 2009.  The defendant was notified of the listing by letters from the Planning and Environment Department, in which it was explained that any operation or activity which would likely affect the special interest of the site would be unlawful without permission being granted by the Minister. 

Numerous planning and building applications had been submitted by the defendant in relation to the property since 2011.  A planning application to replace the historic windows of the farmhouse and to undertake internal alterations had been refused.  Planning permission and building permission had been granted to construct a two storey extension.  Building permission, but not planning permission, had also been granted in 2013 to refurbish the existing walls, roofs and floors of the farmhouse.  The building permit contained an express warning that planning permission may also be required. 

In October 2015 it was established during a site visit by planning officers that the entire innards of the farmhouse had been removed including floor boards, wall plaster, architraves, skirtings, covings, ceilings, fire places, doors and all internal walls.  A new floor had been installed on the first floor, and new stud frames had been erected within the property and frames added to the gables.  The historic staircase had been retained.  However, all of the historic windows of the farmhouse had been removed, and render had been removed from the window surrounds.  Historic floorboards had also been removed from the property. 

An enforcement notice was served on the defendant effectively requiring him to reinstate the farmhouse.  The defendant did not comply with the steps required by the enforcement notice. 

Planning officers were subsequently informed of a bonfire at the property, in which it was suspected that the historic windows were destroyed.  It was also later established that the historic staircase had been removed. 

The defendant did not cooperate with the investigation of the Planning Department and declined invitations for interview. 

Details of Mitigation:

Guilty pleas.

Previous Convictions:

The defendant had a previous conviction in 2006 for failing to comply with an enforcement notice, for which he was bound over for 12 months and ordered to comply with an agreement made with the Planning Department within 2 months. 

Conclusions:

Total: £25,000 fine.

Costs sought by the Prosecution in the sum of £2,000.

Sentence and Observations of Court:

The Court found it was a significant case and was a deliberate breach of the planning law which has caused a permanent loss. 

Total: £50,000 fine to be paid within two weeks. 

Costs order towards the prosecution in the sum of £2,000 to be paid within two weeks.

Advocate M. R. Maletroit, Esq., Crown Advocate.

Advocate J. C. Gollop for the Defendant.

JUDGMENT

THE commissioner:

1.        The Court regards this as a significant case and therefore we are going to set out our reasons for the fine we are going to impose in a written judgement which will follow shortly but we can say this. 

2.        This case involves a deliberate breach of the Planning Law in relation to a site of special architectural and historic interest resulting in the permanent loss of that resource for the Island. 

3.        The Court takes the view that this warrants a more substantial fine than that sought by the Crown to mark the gravity of the offence and to deter others from similar conduct. 

4.        On Count 1 you are fined £50,000, to be paid within two weeks, and on Count 2 there will be no separate penalty and you are also ordered to pay costs of £2,000, again to be paid within two weeks. 

Authorities

AG-v-Janvrin Holdings Ltd 2001/161A.

AG-v-Gindill and Gindill [2003] JRC 056.

AG-v-Monamy [2013] JRC 253.

R-v-Duckworth [1995] 16 Cr App R (S) 529.

Costs in criminal Cases (Jersey) Law 1961.

Planning and Building (Jersey) Law 2002.