A comparison of the planning appeals systems in Jersey and Guernsey
Planning appeals constitute one of the proposed areas of reform of the Jersey planning system announced in December 2011 by the new Minister for Planning and Environment. We await a public consultation on a new planning appeals system for Jersey that will be fairer and less expensive than the current Royal Court based system. So what is the current system in Jersey and how does it differ from the Guernsey system?
At present there are three main options for appealing planning decisions in Jersey, aside from the judicial review process (which is a remedy of last resort, against decisions that are fundamentally unlawful on grounds of illegality, irrationality or procedural impropriety). Firstly, an applicant (but not a third party), may make a request for reconsideration by the Planning Applications Panel within two months of the date of the relevant decision. These Panel meetings are open to the public and any party may speak at these meetings. A request for reconsideration can only be made in respect of decisions made by the Department, not those made by the Panel or the Minister. The request can only be made if the application is believed to have been unreasonably refused…
If you are registered and logged in to the site, click on the link below to read the rest of the Mourant Ozannes briefing. If not, please register or sign in with your details below.
News from Mourant Ozannes
Briefings from Mourant Ozannes
What is the role of the Royal Court of Jersey in trustee applications for directions regarding disclosure of trust information?
A recent application has raised the issue of the function of the court, namely whether the court was exercising its own discretion in supervising, and intervening, in the administration of a trust.
Royal Court clarifies limits of customary law exception in respect of time-barred breach-of-trust claims brought by incoming trustee
Where a newly incorporated PTC recently appointed as successor trustee seeks to bring claims for breach of trust against predecessors, it will not be able to benefit from empêchement d’agir.