In the past, we’ve generally held off from airing issues that affect us personally, but after seeing a local property developer parading himself as a good citizen at the recent carols in the park (after the Ventnor Lantern Parade), we felt enough was enough and it was time that the public understood a few things about this “character”.
Many of you may know of the never-ending, conversion of St Joseph’s, previously a retirement home, on Madeira Road, Ventnor.
It’s the one that Ventnor East Ward Councillor, Jonathan Fitzgerald Bond (pictured below right), was instrumental in the passing of the planning permission, despite having declared an interest on more than one occasion.
[Here’s a quick update for you: We’ve subsequently learnt that he gave approval as ward councillor for it to go to delegated powers, despite wide public objection (in direct contradiction of the rules for planning applications going to delegated powers) and added that he saw no reason why it should not be approved]
The St Joseph’s site is being ‘developed’ by Michael Jennings (pictured at the top), ex Bunbury Group (The Metropole, Ventnor Esplanade).
Our dealings with Michael Jennings have been nothing but unfortunate, from the time he said “that building can go to hell ,” (which he said directly after the original permission was refused by the Development Control Committee) through the time he wrote to us laughably informing us that, “nothing was more important to him than good community relations,” (something that his actions clearly contradicted as he consciously rode rough shod over the wishes of the 28 local residents who had objected to his over-development of the site); Culminating in him applying for an alteration in the planning conditions, in an attempt to get permission for the roof gardens that he built in flagrant disregard of the decisions of the councillors on the planning committee and the advice of the planning officer involved.
Stop Notice: Some Action But Not Enough
Back at the beginning of December 2007, due to the growing list of unapproved alterations to the development and the architect, Duncan Gayler, taking three months to get amended plans to the case officer (to the satisfaction of the department), the Isle of Wight planning department issued a temporary stop notice on the development – a pretty rare thing on the Isle of Wight.
We’re informed that this type of stop notice lasts for 28 days, so why would it be that during this period, there were contractors continuing to work on the site?
In case you weren’t aware, a stop notice forbids any work not directly related to securing the site and making it safe. So, the parade of landscapers, decorators, heating engineers and general labourers that we witnessed on site, were in direct breach of the stop notice.
After extended communications with the planning department, back and forth before Xmas, you may well be as disappointed as we were to learn, that despite what seemed to be an open and shut case of clear and continued planning abuse (let’s not forget that Jennings’ own property is, and has been, under scrutiny for planning irregularities for some time) Bill Murphy, Head of Planning informed us that …
“In these circumstances and following advice from our legal department we do not consider it appropriate to move towards an injunction. In reaching this view we have taken into account the cicumstances of the case, timescales which would be involved and our view on the likely chance of success in the courts.”
This is despite the following facts (extract from one of our emails to Bill Murphy):
“Jennings has been continuing work on the site under a temp stop notice; has developed beyond his granted planning permission; had built the building higher that was agreed; has submitted sample material/windows, changing them to another type when placed on site; attempted to sell flats with roof gardens when against the planning conditions; sold a flat with a balcony that he doesn’t have planning permission for – the list goes on.”
Planning: Does It Bark But Not Bite?
Through experience, it appears that Michael Jennings has learnt that the planning dog barks, but it dare not bite.
This is hugely disappointing, as the planning department had made some good steps towards dealing with enforcement on this site, but appears to lack the resolve to put their money where their mouths are and back it up with legal action.
There is a certain class of people who have a total disregard for what ordinary laypeople see as the rules. This type of person can only be dealt with by direct legal action.
We all know how fast news travels on the Island and we’d imagine that this is even more so in the smaller world of property development, without formal action taken by planning and legal departments, the abuse of the planning process and in turn, abuse of local communities, will continue unabated, if not accelerate.
[Disclosure: We live close to this development]
