McCarthy v Planning Minister [2007] JLR 167 (12 March 2007)

McCarthy v Planning Minister [2007] JLR 167 (12 March 2007)

The Minister is not bound by preliminary favourable representations; legitimate expectation rarely applies in planning appeals. The court must consider if refusal is unreasonable due to appellant's detrimental reliance, but mere expenses on plans and applications do not constitute serious detriment, whereas purchase of property in reliance may do so.

Citation
[2007] JLR 167
Parties
Appellant: McCarthy; Respondent: Planning Minister
Jurisdiction
Jersey
Judgment Date
12 March 2007
Procedural Posture
Planning Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Planning Permission, Legitimate Expectation, Preliminary Representations, Reasonableness of Refusal
Planning Law Administrative Law Planning Permission Legitimate Expectation Preliminary Representations Reasonableness of Refusal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

McCarthy

Appellant

Planning Minister

Respondent

Procedural Posture

Planning Appeal / Judgment

Legal Issues

  1. 1 Whether the Minister is bound by preliminary favourable representations in planning matters
  2. 2 Applicability of the doctrine of legitimate expectation to planning appeals
  3. 3 Assessment of detriment suffered by appellant relying on representations

Ratio Decidendi

The Minister is not bound by preliminary favourable representations; legitimate expectation rarely applies in planning appeals. The court must consider if refusal is unreasonable due to appellant's detrimental reliance, but mere expenses on plans and applications do not constitute serious detriment, whereas purchase of property in reliance may do so.

Court Disposition

appeal dismissed