Planning Min. v Hobson [2014] 2 JLR 57 (25 July 2014)

Planning Min. v Hobson [2014] 2 JLR 57 (25 July 2014)

Granting planning permission for the garage was unreasonable because it was inconsistent with the strongest presumption in Island Plan Policy NE 6 against new development and there was no sufficient justification as required by law; cosmetic matters cannot constitute sufficient justification.

Citation
[2014] 2 JLR 57
Parties
Applicant: Planning Minister; Respondent: Hobson
Jurisdiction
Jersey
Judgment Date
25 July 2014
Procedural Posture
Judicial Review / Judgment
Outcome
planning permission quashed
Legal Topics
Planning Permission, Island Plan Policy NE 6, Coastal National Park, Planning and Building (jersey) Law 2002 Art. 19(3)
Planning Law Planning Permission Island Plan Policy NE 6 Coastal National Park Planning and Building (jersey) Law 2002 Art. 19(3)

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Parties

Planning Minister

Applicant

Hobson

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether granting planning permission for a garage in the Coastal National Park was unreasonable and inconsistent with Island Plan Policy NE 6
  2. 2 Whether cosmetic matters such as design, siting, and landscape enhancement can justify new development

Ratio Decidendi

Granting planning permission for the garage was unreasonable because it was inconsistent with the strongest presumption in Island Plan Policy NE 6 against new development and there was no sufficient justification as required by law; cosmetic matters cannot constitute sufficient justification.

Court Disposition

planning permission quashed

Orders

  • Planning permission for the construction of the garage in the Coastal National Park is quashed.