Mirpuri v Island Dev. Cttee. [1967] JJ 825 (13 December 1967)

Mirpuri v Island Dev. Cttee. [1967] JJ 825 (13 December 1967)

A change in the use of a building from one shop to two constitutes a material change of use under the Island Planning (Jersey) Law 1964, art. 2, and it is for the Committee to decide whether such a change is material.

Citation
[1967] JJ 825
Parties
Applicant: Mirpuri; Respondent: Island Development Committee
Jurisdiction
Jersey
Judgment Date
13 December 1967
Procedural Posture
Planning Law Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Material Change of Use, Island Planning (jersey) Law 1964, Art. 2, Change in Use of Building
Planning Law Material Change of Use Island Planning (jersey) Law 1964, Art. 2 Change in Use of Building

Case Brief

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Parties

Mirpuri

Applicant

Island Development Committee

Respondent

Procedural Posture

Planning Law Appeal / Judgment

Legal Issues

  1. 1 Whether a change in the use of a building from one shop to two constitutes a 'material change of use' under Island Planning (Jersey) Law 1964, art. 2
  2. 2 Whether the Committee has the authority to determine if a change is 'material'

Ratio Decidendi

A change in the use of a building from one shop to two constitutes a material change of use under the Island Planning (Jersey) Law 1964, art. 2, and it is for the Committee to decide whether such a change is material.

Court Disposition

appeal dismissed