Jersey Judgment

Ferrara v Planning & Environment Min. [2010] JLR_Note 32 (08 June 2010)

Planning Law Procedure for Decision Consideration of Relevant Matters

Status: Judgment
Jurisdiction: Jersey
Posture: Judicial Review / Judgment

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Source document

Holding and result

The court held that the procedure for decision in planning law requires consideration of all relevant matters.

Court disposition

judgment delivered

Material facts

Parties

Ferrara

Applicant

Planning & Environment Minister

Respondent

Procedural history

Posture

Judicial Review / Judgment

Questions and positions

Legal issues

Whether the Planning & Environment Minister considered all relevant matters in making the planning decision

Party arguments

Applicant: The applicant contends that the Minister failed to consider all relevant matters in the planning decision process.
Respondent: The respondent asserts that all relevant matters were duly considered in accordance with the law.

Court’s reasoning

Legal principles

01
planning law

A decision-maker must consider all relevant matters when making a planning decision.

Ratio, limits and disposition

Ratio decidendi

The court held that the procedure for decision in planning law requires consideration of all relevant matters.

Court disposition

judgment delivered

Source and reliance status

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Judgment

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