Steenson v Planning & Environment Min. [2009] JLR 427 (14 December 2009)
The grant of planning permission was unreasonable and set aside because there was no adequate reason to displace the presumption against development in the Green Zone, there would be significant loss of privacy to a neighbour, and the proposal would significantly alter or detract from the character of the area.
- Citation
- [2009] JLR 427
- Parties
- Applicant: Steenson; Respondent: Planning & Environment Minister
- Jurisdiction
- Jersey
- Judgment Date
- 14 December 2009
- Procedural Posture
- Planning Appeal / Judgment
- Outcome
- planning permission set aside
- Legal Topics
- Reasonableness of Planning Decision, Green Zone Development, Privacy Loss, Character of Area
Case Brief
Summary, issues, holding and outcome
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Parties
Steenson
Applicant
Planning & Environment Minister
Respondent
Procedural Posture
Planning Appeal / Judgment
Legal Issues
- 1 Whether the Minister's grant of planning permission was reasonable under Planning and Building (Jersey) Law 2002, art. 109
- 2 Whether there was adequate reason to displace the presumption against development in the Green Zone
- 3 Whether the proposed development would cause significant loss of privacy to a neighbour
Ratio Decidendi
The grant of planning permission was unreasonable and set aside because there was no adequate reason to displace the presumption against development in the Green Zone, there would be significant loss of privacy to a neighbour, and the proposal would significantly alter or detract from the character of the area.
Court Disposition
planning permission set aside
Orders
- planning permission is set aside
Full Case Text
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