Guernsey Judgment 11/2002 - Island Development Committee v Portholme Properties Limited

View printable version

Planning Law—appeals—jurisdiction—existence of express provision for appeal from Royal Court to Court of Appeal in comparable statutes (providing for appeals from States Committees) no bar to such appeal under Island Development (Guernsey) Law 1966, which contains no such provision—no reason for appeal from Island Development (Guernsey) Law 1966, s.26(1) to go straight to Privy Council. Planning Law—development—change of use—"infill" developments—Rural Area Plan limits residential development in built-up areas not designated for residential development to "infill" developments comprising one or two properties—applications for "infill" developments to be considered on merits, and not possible to rely on absence of prohibition to justify Island Development Committee allowing "infill" development of 10 properties.