1998/33 - Lesquende v Planning and Environment Committee [1998] UR 33 (13 February 1998)

1998/33 - Lesquende v Planning and Environment Committee [1998] UR 33 (13 February 1998)

Whether rezoning was part of the compulsory acquisition scheme is a question of fact for the Board of Arbitrators; courts cannot direct the Board to take rezoning into account or ignore it. The Royal Court erred in directing the Board to consider rezoning; the Board must decide independently based on evidence.

Citation
[1998] UR 33
Parties
Plaintiff/respondent: Lesquende Limited; Defendant/appellant: The Planning and Environment Committee of the States of Jersey
Jurisdiction
Jersey
Judgment Date
13 February 1998
Procedural Posture
Appeal / Court of Appeal Judgment Following Royal Court Order Quashing Board of Arbitrators' Award
Outcome
Appeal allowed in part; Royal Court's direction to Board quashed.
Legal Topics
Assessment of Compensation, Zoning, Statutory Interpretation, Procedural Jurisdiction
Compulsory Purchase Land Law Administrative Law Assessment of Compensation Zoning Statutory Interpretation Procedural Jurisdiction

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Parties

Lesquende Limited

Plaintiff/respondent

The Planning and Environment Committee of the States of Jersey

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment Following Royal Court Order Quashing Board of Arbitrators' Award

Legal Issues

  1. 1 Whether rezoning of land for Category A housing should be considered in compensation assessment for compulsory purchase
  2. 2 Whether rezoning was part of the compulsory acquisition scheme or an independent legal act
  3. 3 Jurisdiction of courts to direct Board of Arbitrators on factual determinations

Ratio Decidendi

Whether rezoning was part of the compulsory acquisition scheme is a question of fact for the Board of Arbitrators; courts cannot direct the Board to take rezoning into account or ignore it. The Royal Court erred in directing the Board to consider rezoning; the Board must decide independently based on evidence.

Court Disposition

Appeal allowed in part; Royal Court's direction to Board quashed.

Orders

  • Matter remitted to Board of Arbitrators for fresh determination of compensation without direction from the courts regarding rezoning.
  • Parties to comply with statutory procedure under Article 12 for any further legal questions.