Herrick v Island Dev. Cttee. [1984] JLR 103 (04 May 1984)

Herrick v Island Dev. Cttee. [1984] JLR 103 (04 May 1984)

A change from absence of use for habitation to actual use for habitation is correctly regarded as development, and the determination of material change of use is a question of fact and degree for the Committee, not the appeal court.

Citation
[1984] JLR 103
Parties
Applicant: Herrick; Respondent: Island Development Committee
Jurisdiction
Jersey
Judgment Date
04 May 1984
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Development, Material Change of Use, Fact and Degree, Appeal Jurisdiction
Planning Law Development Material Change of Use Fact and Degree Appeal Jurisdiction

Case Brief

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Parties

Herrick

Applicant

Island Development Committee

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a change from absence of use for habitation to actual use for habitation constitutes development
  2. 2 Whether the question of material change of use is a matter of fact and degree for the Committee or the appeal court

Ratio Decidendi

A change from absence of use for habitation to actual use for habitation is correctly regarded as development, and the determination of material change of use is a question of fact and degree for the Committee, not the appeal court.

Court Disposition

appeal dismissed