Jersey Judgment

Janvrin Holdings Ltd. v Att. Gen. [2001] JLR 637 (26 October 2001)

Planning Law Development Demolition Interpretation of Penal Statutes

Citation: [2001] JLR 637
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Appellate

More details

Posture: Civil / Appellate

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Professional case brief

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Source document

Holding and result

Demolition of a building does not per se constitute 'development' under the Island Planning (Jersey) Law 1946, art. 5(2)(a); the statute is penal in nature and unclear, thus must be construed narrowly.

Court disposition

appeal allowed

Material facts

Parties

Janvrin Holdings Ltd.

Applicant

Attorney General

Respondent

Procedural history

Posture

Civil / Appellate

Questions and positions

Legal issues

Whether demolition of a building constitutes 'development' under Island Planning (Jersey) Law 1946, art. 5(2)(a)

Party arguments

Applicant: Demolition is not per se 'development' and should not be treated as such merely because it causes a substantial change or physical effect on land.
Respondent: Demolition constitutes 'development' due to its substantial change or physical effect on the land.

Court’s reasoning

Legal principles

01
Island Planning (Jersey) Law 1946, art. 5(2)(a)

Penal statutes must be construed narrowly when unclear.

Ratio, limits and disposition

Ratio decidendi

Demolition of a building does not per se constitute 'development' under the Island Planning (Jersey) Law 1946, art. 5(2)(a); the statute is penal in nature and unclear, thus must be construed narrowly.

Court disposition

appeal allowed

Source and reliance status

Official court record

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Judgment text

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Court record

Judgment

[2001] JLR 637

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BAILII >> Databases >> Jersey Law Reports >> Janvrin Holdings Ltd. v Att. Gen. [2001] JLR 637 (26 October 2001) URL: https://www.bailii.org/je/cases/JLR/2001/JLR010637.html Cite as: [2001] JLR 637 [ New search ] [ Help ] Janvrin Holdings Ltd. v Att. Gen. 2001 JLR 637 (26 October 2001) Planning Law-development-demolition-demolition of building not per se "development"-work does not cease to be development because includes demolition-substantial change or physical effect on land caused by demolition insufficient to constitute development-Island Planning (Jersey) Law 1946, art. 5(2)(a) to be construed narrowly as penal in nature and unclear The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2001 JLR 637 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2001/JLR010637.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Island Planning (Jersey) Law 1946, art. 5(2)(a)

Legislation

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