Friday 16 January 2015
The Environment Department has published a new Planning Advice Note concerning Change of Use of Visitor Accommodation. This Advice Note relates to the policy position under the current Development Plans, the Urban Area Plan and Rural Area Plan.
The Department committed to the preparation of this guidance in 2014 in response to comments from the Planning Tribunal at a number of planning appeals concerning change of use of visitor accommodation establishments. The Planning Tribunal identified the need for guidance to be provided regarding the way the relevant Development Plan policies relating to change of use are applied and in particular on the information that should be submitted by an applicant as part of such a planning application.
The Advice Note sets out the land use planning policy approach which is currently taken by the States of Guernsey towards proposals which involve the change of use of existing visitor accommodation, be that hotel, guest house, hostel or self-catering accommodation. The aim of the note is to clarify the current policy approach to ensure that stakeholders are clear as to the process and considerations that are applied, and are fully aware of the information that would need to be submitted with any application for change of use.
A change of use or redevelopment of visitor accommodation to other uses is only allowed in Guernsey in specified circumstances so that in effect existing visitor accommodation establishments are protected through planning policy. In individual cases a change of use may be permitted where it can be clearly demonstrated that the specific criteria in the relevant planning policies are met.
The onus is on the applicant for planning permission to demonstrate that the criteria of the relevant planning policy are met. The note provides advice on the information that should be submitted with an application for change of use. If not received initially with an application, the Environment Department is likely to consider that more information is necessary to decide the application and is unlikely to consider it until all the necessary information has been requested and received.
In applying the relevant planning policies, the Environment Department must consult with the Commerce and Employment Department which has policy responsibility for promoting the interests of the visitor accommodation sector of the Island's economy. The expert views of the Commerce and Employment Department will be taken into consideration, in accordance with the requirements of the policies, by the Environment Department when deciding whether to grant or refuse planning permission for change of use.
The Environment Department's Director of Planning, Jim Rowles, said:
"The publication of this advice note on change of use of visitor accommodation adds to the considerable amount of guidance material already produced by the Environment Department to help guide applicants through the planning application process. It also responds directly to comments made by the Planning Tribunal in relation to recent planning appeals for this type of development.
This will be a useful reference for anyone contemplating an application for change of use of a visitor accommodation establishment and sets out clearly the applicant's responsibilities to provide full relevant information as part of their application. It also explains the way in which such an application is assessed, and clarifies the respective roles of the Environment Department as the decision-maker on the application and the Commerce and Employment Department as its expert consultee during this process. The provision of the correct information at the time of submitting an application is important to enable the Departments to give proper consideration to the proposal and will thereby assist in the timely processing and determination of the application."
For the avoidance of doubt, this advice note relates to the policy position under the current Development Plans, the Urban Area Plan and Rural Area Plan. Separate guidance will be issued in relation to future policies contained within the draft new Island Development Plan, which will be published soon.
The Planning Advice Note 7, Change of Use of Visitor Accommodation, is available to view and download on the States website at:
http://www.gov.gg/article/2374/Planning-Advice
Contact Information:
Jim Rowles, Director of Planning
Environment Department
Tel: 717200
