Confidential agreement regarding Les Sablons decision (FOI)

​​​Request

Steve Luce has said regarding Les Sablons: 

"costs associated with the Judicial Review of the Assistant Minister’s decision to refuse planning permission is subject to a confidential legal agreement"

A

Please advise who was responsible for this agreement being in place. 

B

Who initiated this legal agreement? 

C

Was it the Government of Jersey or Le Masurier? 

D

Was this presented to La Masurier to sign up to by the Government of Jersey, by mutual agreement or, was the initiative from Le Masurier?

Response

A to D

The applicant for the planning application P/2022/0388 initiated Judicial Review proceedings in the Court to challenge the Assistant Minister's decision. Please see the link below.    

Planning Application Detail: P/2022/0388 (gov.je)​

After taking legal advice on the merit of the grounds on which the Judicial Review was brought, the Minister for the Environment decided not to challenge the Judicial Review proceedings and a legal agreement was entered into by both parties to settle the matter that resulted in the withdrawal of the Judicial Review proceedings.   

The application was then remitted for a decision by another Minister. ​