Minister for Planning and Environment and Fairman -v- Hobson [2014] JCA 148 (25 July 2014)

Minister for Planning and Environment and Fairman -v- Hobson [2014] JCA 148 (25 July 2014)

The Minister's decision to grant planning permission for a standalone garage in the Coastal National Park was unreasonable because it breached Policy NE6, did not fall within any exception, and lacked sufficient justification for departure from the Island Plan. The Royal Court was correct to direct cancellation of the permission, as the Minister failed to properly apply the statutory test and planning policy.

Citation
[2014] JCA 148
Parties
First Appellant: Minister for Planning and Environment; Second Appellants: Bernard William Fairman and Judy Lumsden Fairman (née Coleman); Respondents: Andrew Alvin Hobson and Maureen Audrey Hobson
Jurisdiction
Jersey
Judgment Date
25 July 2014
Procedural Posture
Planning Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; Royal Court judgment affirmed.
Legal Topics
Island Plan Interpretation, Planning Permission, Statutory Appeals, Policy NE6, Coastal National Park, Unreasonableness Standard
Administrative Law Planning Law Island Plan Interpretation Planning Permission Statutory Appeals Policy NE6 Coastal National Park Unreasonableness Standard

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Parties

Minister for Planning and Environment

First Appellant

Bernard William Fairman and Judy Lumsden Fairman (née Coleman)

Second Appellants

Andrew Alvin Hobson and Maureen Audrey Hobson

Respondents

Procedural Posture

Planning Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Minister's grant of planning permission for a garage in the Coastal National Park was unreasonable under Article 109 of the Planning and Building (Jersey) Law 2002
  2. 2 Proper interpretation and application of Policy NE6 of the Island Plan
  3. 3 Whether sufficient justification existed for departing from the Island Plan

Ratio Decidendi

The Minister's decision to grant planning permission for a standalone garage in the Coastal National Park was unreasonable because it breached Policy NE6, did not fall within any exception, and lacked sufficient justification for departure from the Island Plan. The Royal Court was correct to direct cancellation of the permission, as the Minister failed to properly apply the statutory test and planning policy.

Court Disposition

Appeal dismissed; Royal Court judgment affirmed.

Orders

  • Minister directed to cancel the decision granting planning permission for the garage at Beauport Place, Le Chemin De Beau Port, St Brelade.
  • Costs order to be resolved separately.