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Jersey Case Law

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Administrative law [2020] JRC 236

Shinzo v Minister for Environment 09-Nov-2020

Shinzo v Minister for Environment 09-Nov-2020 [2020] JRC 236 (09 November 2020)

The Royal Court of Jersey held that an appeal against an abatement notice fell under Rule 15, but cured defective service under Rule 10/6 so the appeal could proceed.

  • Statutory nuisance
  • Abatement notice
  • Appeal procedure
  • Extension of time
  • Waiver of irregularity
  • Abatement-notice
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Administrative law [2018] JRC 098

Therin -v- Minister for Planning and Warwick

Therin -v- Minister for Planning and Warwick [2018] JRC 098 (01 June 2018)

The Royal Court remitted a planning appeal for reconsideration, finding no error in heritage, landscape, biodiversity, or Article 6 analysis, but a failure to apply policy GD1 properly.

  • Judicial review
  • Planning permission
  • Listed buildings
  • Green backdrop zone
  • Heritage protection
  • Biodiversity
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Environmental law [2017] JRC 017

AG v Burnel and Sylla

AG v Burnel and Sylla [2017] JRC 017 (20 January 2017)

Sentencing for sea fisheries offences: the court imposed substantial fines, rejected mitigation based on overlap of charges and location, and stressed deterrence.

  • Sea fisheries
  • Licensing
  • Environmental protection
  • Regulatory offences
  • Sea-fisheries
  • Sentencing
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Criminal law [2016] JRC 056

AG -v- Delalonde and Mesnage

AG -v- Delalonde and Mesnage [2016] JRC 056 (04 March 2016)

Sentencing for repeated illegal scallop dredging and false fishing declarations in Jersey's 3-mile limit, resulting in substantial fines and default imprisonment.

  • Fisheries offences
  • False information
  • Marine conservation
  • Sentencing
  • Fisheries-offences
  • False-information
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Planning law [2015] JRC 089

Le Marquand -v- Minister for Planning and Environment

Le Marquand -v- Minister for Planning and Environment [2015] JRC 089 (01 May 2015)

The Royal Court of Jersey allowed a third-party planning appeal, holding that permission for waste-sorting use was unreasonable because the Minister lacked an adequate, technically sound EIA.

  • Retrospective planning permission
  • Environmental impact assessment
  • Ministerial decision-making
  • Enforcement proceedings
  • Planning-law
  • Environmental-impact-assessment
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Planning law

Le Marquand v. Planning Min.

Le Marquand v. Planning Min. [2015] 1 JLR_Note 25 (01 May 2015)

Judicial review concerning whether an Environmental Impact Statement was required before planning permission could be granted.

  • Planning permission
  • Environmental impact statement
  • Planning-law
  • Environmental-law
  • Planning-permission
  • Environmental-impact-statement
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Public safety [2013] JRC 024

Representation by TTS

Representation by TTS [2013] JRC 024 (31 January 2013)

The Court chose a lower-cost road realignment to preserve an encroaching oak tree, with monitoring and warning signs, rather than ordering immediate felling.

  • Road safety
  • Tree preservation
  • Public expenditure
  • Road-safety
  • Tree-preservation
  • Public-expenditure
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Planning law [2012] JRC 237A

Dixon -v- Minister for Planning and Environment

Dixon -v- Minister for Planning and Environment [2012] JRC 237A (20 December 2012)

The Royal Court allowed a third-party planning appeal, quashing permission for a large house extension in St Ouen's Bay because the decision was unreasonable under both island plans.

  • Planning permission
  • Procedural fairness
  • Development control
  • Island plan interpretation
  • Foul sewage policy
  • Green zone/coastal national park policy
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Planning law [2012] JRC 208

AG -v- The Jersey Royal Company Limited

AG -v- The Jersey Royal Company Limited [2012] JRC 208 (12 November 2012)

Sentencing judgment for unauthorised land development: the court fined The Jersey Royal Company Limited a total of ÂŁ11,000 for removing banks and hedgerows without planning permission.

  • Unauthorised development
  • Planning permission
  • Environmental protection
  • Sentencing
  • Planning-law
  • Unauthorised-development
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Planning law [2012] JRC 107

Webb -v- Minister for Planning and Environment

Webb -v- Minister for Planning and Environment [2012] JRC 107 (30 May 2012)

The Royal Court upheld planning permissions for replacing two dwellings in Jersey's Coastal National Park, finding the Minister's decisions reasonable and procedurally fair.

  • Procedural fairness
  • Development control
  • Island plan interpretation
  • Replacement of buildings
  • Environmental impact
  • Protected species
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