McEwen v Planning Cttee. [1997] JLR 78 (26 February 1997)

McEwen v Planning Cttee. [1997] JLR 78 (26 February 1997)

The construction of compost bins for a commercial worm farm is a 'building operation' within the meaning of the Island Planning (Jersey) Law 1964, art. 5(2), and does not fall within the exemption for agricultural use in art. 5(2)(vi).

Citation
[1997] JLR 78
Parties
Applicant: McEwen; Respondent: Planning Committee
Jurisdiction
Jersey
Judgment Date
26 February 1997
Procedural Posture
Planning Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Development, Building Operation, Agricultural Use, Island Planning (jersey) Law 1964
Planning Law Development Building Operation Agricultural Use Island Planning (jersey) Law 1964

Case Brief

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Parties

McEwen

Applicant

Planning Committee

Respondent

Procedural Posture

Planning Appeal / Judgment

Legal Issues

  1. 1 Whether construction of compost bins for a commercial worm farm constitutes a 'building operation' under Island Planning (Jersey) Law 1964, art. 5(2)
  2. 2 Whether such construction is exempt as agricultural 'use' under art. 5(2)(vi)

Ratio Decidendi

The construction of compost bins for a commercial worm farm is a 'building operation' within the meaning of the Island Planning (Jersey) Law 1964, art. 5(2), and does not fall within the exemption for agricultural use in art. 5(2)(vi).

Court Disposition

appeal dismissed