GUILLARD v ISLAND DEVELOPMENT COMMITTEE [Royal Ct]

JurisdictionJersey
CourtRoyal Court
Judge(Ereaut, Deputy Bailiff and Jurats Pallot and Bailhache):
Judgment Date14 November 1969
Date14 November 1969
ROYAL COURT
(Ereaut, Deputy Bailiff and Jurats Pallot and Bailhache):

F.C. Hamon for the appellant;

P.L. Crill, Attorney General, for the respondent.

Planning Law—appeals—matters to be considered—under Island Planning (Jersey) Law 1964, court to consider (a) whether proceedings of Committee generally sufficient and satisfactory; (b) whether decision permitted by Law; (c) whether Committee's decision one it could reasonably have reached in circumstances of case

Planning Law—planning permission—"amenities"—preservation of "amenities" in Island Planning (Jersey) Law 1964, art. 2(d) refers not merely to agreeable visual features but also to other factors involving preservation of pleasant ambience, e.g. absence of traffic congestion and noise

Planning Law—planning permission—road access—where proposed development includes construction of new access to land from road, Committee makes no error of law in not consulting highway authority under Island Planning (Jersey) Law 1964, art. 6(6) if refusal of application not based on road safety considerations

Planning Law—procedure for decision—view of site—not essential for Committee members to view site for which development consent sought—necessary that all relevant material available for proper decision, which may require site visit, but plans and reports of officers may suffice

EREAUT, DEPUTY BAILIFF:The appellant is the owner of a nursery bordering St. Clement's Coast Road, La Rocque, which includes a shed.

On 12th June, 1963, he received building permission from the Committee to extend that shed in accordance with plans accompanying his application. It was a condition of that consent that if the work was not commenced within one year from the date of the consent and completed within three years the Committee could by notice declare that the deposit of the plans should be of no effect. The appellant has never commenced the work, and the Committee has never given notice that the deposit of the plans should be of no effect.

On 16th December, 1968, an application was submitted to the respondent Committee on behalf of the appellant for consent to undertake the following development in respect of the same property: "Conversion of existing shed into garden shop. New extension of garage. Unloading area."

The shed was described as "dilapidated", the purpose of the shop was "to display produce etc. available from the nursery", a new car parking area was to be provided, and an additional vehicular access to St. Clement's Coast Road was to be made.

On 15th January, 1969, the Committee considered the application and rejected it for the following reasons—

"The proposed work would involve commercial development in a residential area contrary to the provisions of the Development Plan, and would detract from the amenities of the locality."

Before the formal notice of rejection was sent out, however, the Committee received from the appellant a letter, dated 27th January, 1969, of which the following extract is relevant—

"With reference to my application . . . to convert a disused packing shed on La Rocque Coast Road into a garden shop and store. I would like to make it a bit clearer because I think possibly you may be under the impression that it is a nursery as opposed to a garden centre. We already supply plants of all descriptions to approximately one-third of the Island's households (600,000-800,000 plants per annum) and are continually being asked by our customers whether we can supply them with fertilisers, chemicals and various garden requisites.

We have in the past continually refused these requests to open a garden shop, and our customers are having to go into town, find a parking space and then purchase the items which we could have originally supplied."

On 31st January, 1969, the Committee considered that letter but decided to maintain its rejection of the application on the grounds stated above.

The appellant has now appealed against that rejection under the provisions of Article 21 of the Island Planning (Jersey) Law, 1964, "on the ground that the decision of the Committee was one to which it could not reasonably have come having regard to all the...

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12 cases
  • B.F. Burt and H.I. Burt v States of Jersey
    • Jersey
    • Royal Court
    • 14 December 1994
    ...[1965] 3 All E.R. 737; (1965), 18 P. & C.R. 200; 64 L.G.R. 1; 130 J.P. 66; 109 Sol. Jo. 901, applied. (4) Guillard v. Island Dev. Cttee., 1969 J.J. 1225, considered. (5) Habin v. Gambling Licensing Auth., 1971 J.J. 1637, followed. (6) Hanks v. Minister of Housing & Local Govt., [1963] 1 Q.B......
  • Coopers and Lybrand Deloitte v Island Development Committee
    • Jersey
    • Royal Court
    • 26 February 1992
    ...& Econ. Cttee., 1987-88 JLR 178. Associated Builders & Contractors Ltd. v. Housing Cttee., 1965 J.J. 479. Guillard v. Island Dev. Cttee., 1969 J.J. 1225. Hamon v. Housing Cttee., 1962 J.J. 197. Herrick v. Island Dev. Cttee., 1984 J.J. 103. Housing Cttee. v. Phantesie Invs. Ltd., 1985-86 JLR......
  • Royston Guest v Jane Guest and The Minister for Planning and Environment
    • Jersey
    • Royal Court
    • 10 May 2017
    ...not mean that the question of sea views and the provision of an open break need be ignored. In Guillou v Island Development Committee [1969] JJ 1225 the Court made reference to the definition in the Shorter Oxford Dictionary of ‘amenity’ as being “the quality of being pleasant or agreeable”......
  • Moody v Minister for Planning and Environment
    • Jersey
    • Royal Court
    • 16 November 2012
    ...-v- Planning and Environment Minister [2006] JRC 135 where Birt, Deputy Bailiff, said:- “In Guillou -v- Island Development Committee (1969) JJ 1225 the Court made reference to the definition in the Shorter Oxford Dictionary of ‘amenity’ as being “the quality of being pleasant or agreeable” ......
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