Att. Gen. v Pennington [1967] JJ 715 (26 January 1967)

Att. Gen. v Pennington [1967] JJ 715 (26 January 1967)

The Committee's authority to impose conditions on development permission is not limited by art. 6(4), and felling trees does not fall within the definition of 'development' under art. 5 of the Island Planning (Jersey) Law 1964.

Citation
[1967] JJ 715
Parties
Applicant: Attorney General; Respondent: Pennington
Jurisdiction
Jersey
Judgment Date
26 January 1967
Procedural Posture
Civil / Judgment
Outcome
application granted
Legal Topics
Planning Permission, Conditional Consent, Committee Powers, Definition of Development

Case Brief

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Parties

Attorney General

Applicant

Pennington

Respondent

Procedural Posture

Civil / Judgment

  1. 1 Whether conditions attached to development permission under Island Planning (Jersey) Law 1964, art. 6(4) restrict the Committee's powers under art. 6(2)
  2. 2 Whether felling trees constitutes 'development' under art. 5 of the Law

Ratio Decidendi

The Committee's authority to impose conditions on development permission is not limited by art. 6(4), and felling trees does not fall within the definition of 'development' under art. 5 of the Island Planning (Jersey) Law 1964.

Court Disposition

application granted