In the matter of the S Bar [2014] JRC 072 (20 March 2014)

The application is granted because new evidence shows strong local business support, no reduction in pedestrian space, and improved safety measures. Previous objections have been fully considered and are outweighed by the new information and public interest.

Citation: [2014] JRC 072
Parties: Applicant: Applicant (unnamed); Objector: Mr Risoli; Supporter: Connétable (unnamed)
Jurisdiction: Jersey
Judgment Date: 20 March 2014
Procedural Posture: Permit Application / Appeal/reconsideration After Initial Refusal
Outcome: application granted
Legal Topics: Chose Publique Permit, Public Interest, Pedestrian Safety, Unloading Bay, Notification of Objectors

Administrative Law Public Law Chose Publique Permit Public Interest Pedestrian Safety Unloading Bay Notification of Objectors

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Parties

Applicant (unnamed)

Applicant

Mr Risoli

Objector

Connétable (unnamed)

Supporter

Procedural Posture

Permit Application / Appeal/reconsideration After Initial Refusal

Legal Issues

1 Whether the chose publique permit should be granted for extension of the al fresco area onto the unloading bay
2 Whether removal of the unloading bay is contrary to public interest
3 Whether pedestrian safety is compromised

Ratio Decidendi

Court Disposition

application granted

Orders

Permit granted for extension of al fresco area onto unloading bay, subject to standard chose publique permit conditions.
Bollards must be installed during the day and removed at night as required by authorities.