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Jersey Case Law

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Administrative law [2017] JRC 069

Guest -v- Minister for Planning and Environment

Guest -v- Minister for Planning and Environment [2017] JRC 069 (10 May 2017)

The Royal Court refused a one-day-late planning appeal extension: although Article 6 ECHR was engaged, no exceptional circumstances justified relief.

  • Extension of time
  • Third party appeals
  • Civil rights under echr
  • Listed buildings
  • Green zone policy
  • Planning-law
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Planning law [2014] 1 JLR 160

Planning Min. v Herold

Planning Min. v Herold [2014] 1 JLR 160 (23 January 2014)

The court held that the 14-day limit for serving notice of a third-party planning appeal could not be extended unless ECHR article 6 civil-right issues were engaged.

  • Time limits for appeal
  • Extension of time
  • Third party appeals
  • Royal court rules 2004 r.1/5
  • Planning and building (jersey) law 2002 art.114(7)
  • Echr art.6
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Planning law [2014] JRC 012

Herold -v- Minister for Planning and Environment and Sea View Investments Ltd

Herold -v- Minister for Planning and Environment and Sea View Investments Ltd [2014] JRC 012 (16 January 2014)

The Royal Court allowed a third party planning appeal, holding that the Minister failed to consider the impact of a proposed development on Seymour Cottage’s setting under Policy HE1.

  • Listed buildings
  • Heritage protection
  • Planning permission
  • Policy interpretation
  • Third party appeals
  • Planning-permission
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Planning law [2013] JRC 227

Carter -v- Minister for Planning and Environment

Carter -v- Minister for Planning and Environment [2013] JRC 227 (19 November 2013)

The Royal Court dismissed a third party appeal against retrospective planning permission for fencing and screening works, holding the decision was not unreasonable.

  • Retrospective planning permission
  • Third party appeals
  • Listed buildings
  • Green zone development
  • Private rights vs planning permission
  • Retrospective-planning-permission
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Administrative law [2013] JRC 200A

Herold -v- Minister for Planning and Environment and Sea View Investments Ltd

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

The Royal Court held it could extend time for service of a third-party planning appeal notice and allowed Mrs Herold’s out-of-time appeal to proceed.

  • Extension of time
  • Third party appeals
  • Statutory construction
  • Procedural rules
  • Planning-law
  • Extension-of-time
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Administrative law [2013] JRC 115

Burgin -v- Minister for Planning and Environment

Burgin -v- Minister for Planning and Environment [2013] JRC 115 (18 June 2013)

Third-party planning appeal dismissed. The court held that the appellant had a fair opportunity to make representations and that the permission granted was not unreasonable.

  • Procedural fairness
  • Planning permission
  • Third party appeals
  • Consultation requirements
  • Reasonableness of administrative decisions
  • Planning-law
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Planning law [2013] JRC 022

Ferguson -v- Minister for Planning and Environment

Ferguson -v- Minister for Planning and Environment [2013] JRC 022 (28 January 2013)

The Royal Court dismissed a third-party planning appeal, holding that approval of the revised Zanzibar scheme was not unreasonable and that no procedural unfairness justified intervention.

  • Planning permission
  • Development control
  • Procedural fairness
  • Island plan policies
  • Third party appeals
  • Planning-permission
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Administrative law [2009] JRC 244A

Steenson -v- Minister of Planning

Steenson -v- Minister of Planning [2009] JRC 244A (14 December 2009)

The Royal Court of Jersey allowed a third-party planning appeal, finding the grant of permission for a substantial roof extension in the Green Zone unreasonable.

  • Planning permission
  • Third party appeals
  • Green zone policy
  • Privacy
  • Amenity
  • Island plan
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.