Dowell Ltd v Island Development Committee [1990] JRC 100 (11 July 1990)
- Citation
- [1990] JRC 100
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the Island Development Committee acted within its statutory powers in refusing development permission to Dowell Ltd.
Court disposition
application dismissed
02
Material facts
Parties
Dowell Ltd
ApplicantIsland Development Committee
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether the Island Development Committee lawfully refused development permission to Dowell Ltd
Party arguments
- Applicant
- Dowell Ltd argued that the refusal of development permission was unlawful and not in accordance with planning regulations.
- Respondent
- The Island Development Committee contended that the refusal was justified and in compliance with the relevant planning laws.
05
Court’s reasoning
Legal principles
- 01
Planning Law
Planning authorities must exercise discretion within the bounds of statutory powers and relevant planning policies.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the Island Development Committee acted within its statutory powers in refusing development permission to Dowell Ltd.
Court disposition
application dismissed
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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