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
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
Pennington
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 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 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
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