Hobson v Planning Min. [2014] 1 JLR 216 (29 January 2014)

Hobson v Planning Min. [2014] 1 JLR 216 (29 January 2014)

Granting planning permission for the garage was unreasonable because it was inconsistent with the strongest presumption in Island Plan Policy NE6 against new development in the Coastal National Park and there was no sufficient justification as required by law.

Citation
[2014] 1 JLR 216
Parties
Applicant: Hobson; Respondent: Planning Minister
Jurisdiction
Jersey
Judgment Date
29 January 2014
Procedural Posture
Judicial Review / Judgment
Outcome
application allowed
Legal Topics
Planning Permission, Island Plan Policy NE6, Coastal National Park, Planning and Building (jersey) Law 2002
Planning Law Planning Permission Island Plan Policy NE6 Coastal National Park Planning and Building (jersey) Law 2002

Case Brief

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Parties

Hobson

Applicant

Planning Minister

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the decision to grant planning permission for a garage in the Coastal National Park was unreasonable and inconsistent with Island Plan Policy NE6
  2. 2 Whether there was sufficient justification for the development as required under Planning and Building (Jersey) Law 2002, art. 19(3)

Ratio Decidendi

Granting planning permission for the garage was unreasonable because it was inconsistent with the strongest presumption in Island Plan Policy NE6 against new development in the Coastal National Park and there was no sufficient justification as required by law.

Court Disposition

application allowed

Orders

  • Planning permission for the construction of the garage is quashed