Halpin v Island Dev. Cttee. [1964] JJ 369 (12 March 1964)

Halpin v Island Dev. Cttee. [1964] JJ 369 (12 March 1964)

Consent is not required for works that do not disturb the foundations, change the shape of the building, or involve substantial replacement or renewal of exterior surfaces and roof, or repositioning of entrances, if such works are in the ordinary course of maintenance and repair.

Citation
[1964] JJ 369
Parties
Applicant: Halpin; Respondent: Island Development Committee
Jurisdiction
Jersey
Judgment Date
12 March 1964
Procedural Posture
Planning Law Dispute / Judgment
Outcome
Consent not required for ordinary maintenance and repair
Legal Topics
Maintenance and Repair, Planning Consent, Building Works
Planning Law Maintenance and Repair Planning Consent Building Works

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Parties

Halpin

Applicant

Island Development Committee

Respondent

Procedural Posture

Planning Law Dispute / Judgment

Legal Issues

  1. 1 Whether certain building works constitute maintenance and repair not requiring Committee consent

Ratio Decidendi

Consent is not required for works that do not disturb the foundations, change the shape of the building, or involve substantial replacement or renewal of exterior surfaces and roof, or repositioning of entrances, if such works are in the ordinary course of maintenance and repair.

Court Disposition

Consent not required for ordinary maintenance and repair