
Outgoing minister signs off two contested housing decisions in his final week — was that within the rules?
Environment Minister Steve Luce ruled on two major planning appeals — clearing 29 flats in St Clement and dismissing residents' objections to 128 homes in St Peter — in the days either side of losing his States seat, raising questions about decision-making during Jersey's election period.
Two big planning calls, one departing minister
Jersey's outgoing Environment Minister, Steve Luce, used his final week in office to decide two of the island's more contested housing cases — and the timing has prompted questions about what ministers should and should not sign off as they leave office.
According to the Jersey Evening Post, Mr Luce dismissed a third-party appeal against 128 affordable homes planned on three rezoned fields in the heart of St Peter, opposite the Sir George Carteret pub. The order was signed on the Tuesday — two days after he lost his States seat in Sunday's election. The JEP reports he followed the recommendation of independent inspector Sue Bell, who found the scheme sat on land allocated for affordable housing under the 2022 Bridging Island Plan and that public consultation, while it could have gone further, met the required standard. The appeal had been brought by Clive Doyle, acting for The Yews Housing Association and three Rue des Sapins homeowners, and by Sarah Parish, on grounds including neighbour impact, traffic, road safety and listed buildings.
Days earlier — on the Friday, before polling — the same minister accepted a separate appeal clearing the demolition of Lucas House on St Clement's Road and its replacement with 29 flats, the JEP reports. That application had been refused by the Planning Committee in January over the loss of employment land "without sufficient marketing evidence," neighbour concerns and a lack of on-site play space. Inspector Jo Dowling recommended the refusal be overturned, with new play facilities to be funded at nearby Howard Davis Park.
In an interview with the JEP, Mr Luce — who finished 11th in the Senatorial election — confirmed he would spend his last week "making some planning appeal decisions" before handing over his ministerial duties on the Friday. He defended the difficulty of the role, saying the Environment Minister inevitably makes choices that leave "one person happy and another unhappy."
The open question
What the coverage does not address is whether a minister on the way out should be making such calls at all. Jersey publishes guidance on government activity during an election period (States Assembly report R-37-2022, which Lobbi retrieved). It says ministers keep their executive responsibilities and that essential business must continue — but that they should "observe discretion" over new long-term actions, and that policy decisions on which an incoming minister might take a different view "should be postponed where possible," provided delay would not harm the island's interests.
It is not yet clear how that guidance applies to planning appeal decisions. Are they essential business, perhaps bound by a statutory clock, that a minister must determine — or are they exactly the kind of contestable judgement a successor might reasonably want to make? The source reporting does not say when the election period formally began, although earlier JEP coverage put the start of the 2026 election period at 20 April. Nor do we know whether officers advised Mr Luce that the decisions could safely wait.
There are other gaps. Neither the appellants nor the objectors are quoted on the outcomes; the developers have not set out their timelines; and it is unknown whether either ruling could face a further legal challenge. For St Peter, the status and cost of the six-month road closure for drainage works remains unexplained. For St Clement, the detail of the Howard Davis Park play obligation is not spelled out.
Lobbi feels these questions should be put to the planning service, the States Greffe and Mr Luce himself. In the meantime, we want to hear from you: should an outgoing minister be deciding contested planning appeals on the way out the door? Have your say in our poll and in the comments.
Sources
- Jersey Evening Post — Appeal against 128 homes in heart of St Peter rejected by outgoing minister - Jersey Evening Post
- Jersey Evening Post — Plans for flats in St Clement Road back on agenda after initial refusal is overturned - Jersey Evening Post
- Jersey Evening Post — "I gave it a good shot, I was very clear with the public, but they obviously didn't like it enough" - Jersey Evening Post
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