Binet v Island Dev. Cttee. [1987] JLR 514 (31 May 1988)

Binet v Island Dev. Cttee. [1987] JLR 514 (31 May 1988)

The Committee cannot circumvent the statutory right of appeal against unreasonable refusal of development permission by granting then revoking permission and paying damages; the right of appeal extends to both refusal and revocation.

Citation
[1987] JLR 514
Parties
Applicant: Binet; Respondent: Island Development Committee
Jurisdiction
Jersey
Judgment Date
31 May 1988
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Planning Permission, Appeals, Revocation of Permission
Planning Law Planning Permission Appeals Revocation of Permission

Case Brief

Summary, issues, holding and outcome

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Parties

Binet

Applicant

Island Development Committee

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Committee can circumvent the right of appeal by granting then revoking planning permission and paying damages
  2. 2 Whether the right of appeal under Island Planning (Jersey) Law, 1964, art. 21(1) extends to both refusal and revocation of permission

Ratio Decidendi

The Committee cannot circumvent the statutory right of appeal against unreasonable refusal of development permission by granting then revoking permission and paying damages; the right of appeal extends to both refusal and revocation.

Court Disposition

appeal allowed

Orders

  • Right of appeal confirmed for both refusal and revocation of planning permission