Heath v Minister for the Environment [2023] JRC 196 (23 October 2023)

Heath v Minister for the Environment [2023] JRC 196 (23 October 2023)

The statutory time limit for appeal under Article 116(5A) runs from the date of determination, which is the Minister's final decision, not the date of notification or publication. The Court has no jurisdiction to extend the time limit unless Article 6 ECHR is engaged and exceptional circumstances are proven. In this case, there was no evidence that Article 6 ECHR was engaged or that exceptional circumstances existed.

Citation
[2023] JRC 196
Parties
Appellant: Ms Heath; Respondent: Minister for Planning and Environment
Jurisdiction
Jersey
Judgment Date
23 October 2023
Procedural Posture
Statutory Appeal / Judgment on Extension of Time and Jurisdiction
Outcome
appeal dismissed as out of time; application for extension of time refused
Legal Topics
Statutory Interpretation, Time Limits for Appeal, Extension of Time, Article 6 ECHR, Civil Rights in Property
Administrative Law Planning Law Human Rights Law Statutory Interpretation Time Limits for Appeal Extension of Time Article 6 ECHR Civil Rights in Property

Case Brief

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Parties

Ms Heath

Appellant

Minister for Planning and Environment

Respondent

Procedural Posture

Statutory Appeal / Judgment on Extension of Time and Jurisdiction

Legal Issues

  1. 1 When does time start to run for an appeal under Article 116(5A) of the Planning and Building (Jersey) Law 2002?
  2. 2 Does the Court have jurisdiction to extend the statutory time limit for appeal?
  3. 3 Is Article 6 ECHR engaged in this appeal?

Ratio Decidendi

The statutory time limit for appeal under Article 116(5A) runs from the date of determination, which is the Minister's final decision, not the date of notification or publication. The Court has no jurisdiction to extend the time limit unless Article 6 ECHR is engaged and exceptional circumstances are proven. In this case, there was no evidence that Article 6 ECHR was engaged or that exceptional circumstances existed.

Court Disposition

appeal dismissed as out of time; application for extension of time refused

Orders

  • Appeal dismissed for being out of time.
  • Application for extension of time refused.