Neighbours win appeal over "oppressive" extension - Jersey Evening Post

by · Jersey Evening Post

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Neighbours win appeal over “oppressive” extension

by Newsdesk 21 June 202621 June 2026

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Environment Minister Steve Luce. Picture: DAVID FERGUSON. (39521938)

NEIGHBOURS have successfully overturned planning permission for a house extension in St Brelade after the outgoing Environment Minister agreed with an independent inspector that it would create an “oppressive garden environment” and loom over their property.

Former Deputy Steve Luce upheld an appeal against plans to replace a conservatory with a single-storey extension at Jupiter Dunes, in Le Clos Shannon, following a recommendation from planning inspector Nigel McGurk.

The extension had been approved by Planning in March, but neighbouring residents challenged the decision, arguing that it would have an overbearing impact on their home and garden.

After visiting the site and holding a hearing, the inspector concluded that the proposal would cause “an unreasonable degree of harm” to the neighbouring property.

In his report, Mr McGurk said the proposed extension would be significantly larger than the conservatory it was replacing and would sit less than a metre from the boundary with the neighbouring property – something he said would “unduly dominate” and have “an overbearing impact on the outlook from this neighbouring property”.

He also said that the proposal would fundamentally alter the character of the neighbouring garden.

During his site visit, he described it as a “small, but attractive enclave” with a “green and airy” outlook towards trees and nearby parkland.

He found that the extension would make the space feel less open and create “an undue sense of enclosure”.

“I consider that this would appear in such contrast to the existing situation as to result in an oppressive garden environment that would detract significantly from the enjoyment of the occupiers… of the environment provided by this outside space,” the report states.

Mr McGurk acknowledged the applicant’s wish to create additional family living space and recognised that Jersey’s housing pressures mean some impact from development is often inevitable.

Nevertheless, he said that “…the Island Plan is explicit with regards the need to achieve an appropriate balance between safeguarding the amenities of Jersey’s residents and meeting Jersey’s development needs”, and concluded that the scheme conflicted with policies designed to protect the wellbeing and amenities of neighbouring residents.

The report was put to Deputy Luce, who on 11 June accepted the inspector’s recommendation and formally refused planning permission. Deputy Luce lost his seat during the 7 June election, and a new Environment Minister will be chosen by the Assembly at the end of the month.

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