Maletroit -v- Minister for Planning [2012] JRC 027A (03 February 2012)

There is no existing dwelling with established planning use to replace; the ruins do not qualify under Policy NE7, and the Minister's refusal was neither mistaken nor unreasonable.

Citation: [2012] JRC 027A
Parties: Applicant: Appellant; Respondent: Minister for Planning and Environment
Jurisdiction: Jersey
Judgment Date: 03 February 2012
Procedural Posture: Planning Appeal / Final Judgment
Outcome: appeal dismissed
Legal Topics: Green Zone Development, Replacement Dwelling, Abandonment of Residential Use, Island Plan Policies

Planning Law Administrative Law Green Zone Development Replacement Dwelling Abandonment of Residential Use Island Plan Policies

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Parties

Appellant

Applicant

Minister for Planning and Environment

Respondent

Procedural Posture

Planning Appeal / Final Judgment

Legal Issues

1 Whether the ruins constitute an existing dwelling eligible for replacement under Policy NE7 of the Island Plan 2011
2 Whether the Minister's refusal was unreasonable or inconsistent with prior decisions

Ratio Decidendi

There is no existing dwelling with established planning use to replace; the ruins do not qualify under Policy NE7, and the Minister's refusal was neither mistaken nor unreasonable.

Court Disposition

appeal dismissed