Herold -v- Minister for Planning and Environment and Sea View Investments Ltd [2013] JRC 200A (16 October 2013)

Herold -v- Minister for Planning and Environment and Sea View Investments Ltd [2013] JRC 200A (16 October 2013)

The Royal Court has power under Rule 1/5 to extend the 14-day time limit for service of a Notice of Appeal under Article 114(7) of the Planning Law, as the statutory language is permissive and procedural matters are governed by court rules. The appeal was served within the 28-day period specified in Article 114(3),...

Source-derived case information.

Citation
[2013] JRC 200A
Parties
Appellant: Mrs Herold; Respondent: Minister for Planning and Environment; Applicant: Sea View Investments Limited
Jurisdiction
Jersey
Judgment Date
16 October 2013
Procedural Posture
Planning Appeal / Application to Strike Out Appeal for Late Service
Outcome
application dismissed
Legal Topics
Extension of Time, Third Party Appeals, Statutory Construction, Procedural Rules
Administrative Law Planning Law Extension of Time Third Party Appeals Statutory Construction Procedural Rules

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Parties

Mrs Herold

Appellant

Minister for Planning and Environment

Respondent

Sea View Investments Limited

Applicant

Procedural Posture

Planning Appeal / Application to Strike Out Appeal for Late Service

Legal Issues

  1. 1 Whether the Royal Court has power to extend the 14-day time limit for service of a Notice of Appeal under Article 114(7) of the Planning and Building (Jersey) Law 2002
  2. 2 Whether the late service of the Notice of Appeal invalidates the appeal
  3. 3 Whether the appellant should be permitted to appeal out of time

Ratio Decidendi

The Royal Court has power under Rule 1/5 to extend the 14-day time limit for service of a Notice of Appeal under Article 114(7) of the Planning Law, as the statutory language is permissive and procedural matters are governed by court rules. The appeal was served within the 28-day period specified in Article 114(3), and the late service was not the fault of the appellant. Therefore, the appellant is permitted to appeal out of time.

Court Disposition

application dismissed

Orders

  • Appellant permitted to appeal out of time
  • Respondent to pay appellant's costs of the application