You are here

Kingston & St Andrew Municipal Corporation v Michael Young, Jacqueline Young, Anjule McLean, Delroy McLean, Joy Patel, Naran Patel, Marlyn Grindley, Errol Thomas, Sanya Goffe, Gavin Goffe National Environment & Planning Agency, Natural Resources Conservation Authority and Wamh Development Limited and National Environmental & Planning Agency and Natural Resources Conservation Authority v Michael Young, Jacqueline Young, Anjule McLean, Delroy McLean, Joy Patel, Naran Patel, Marlyn Grindley, Errol Thomas, Sanya Goffe and Gavin Goffe [Consolidated Claims

Court: 
Court of Appeal
Subject: 
Administrative Law
Catchwords: 

Administrative Law-Judicial Review-Locus standi-Whether owners and residents of nearby properties to a development have standing to seek judicial review of the actions of the planning and environmental authorities in the exercise of the discretion to grant permits to build-Meaning of "sufficient interest" in the Civil Procedure Rules-Whether the respondents were interested persons within the meaning of the Civil Procedure Rules-Civil Procedure Rules Part 56-Town and Country Planning Act, s 6(3)-Town and Country Planning (Kingston) Development Order 1966, s 11

Statutory interpretation-Building and planning laws-Building and planning permission acquired by predecessor in title to land for construction of apartment complex-Planning permit attaching to land-Whether environmental permit runs with the land-Effect of grant of planning permit before environmental permit is granted-Whether statutory provision requiring a developer to have environmental permit before planning permit is granted is mandatory-Whether grant of environmental permit after building and planning permit is ultra vires and invalidates the permits-Whether subsequent breaches of the planning and building permits by the develop invalidates the permits in any event-Town and Country Planning Act, s 11-Natural Resources and Conservation Act, s 9

Administrative Law-Judicial Review-Application for certiorari and mandamus-Whether local planning authority acted ultra vires-Whether environmental authority acted ultra vires-Whether local planning authority in breach of duty to act-Whether local planning authority can be compelled to take steps to halt all construction that is in breach of an laws, regulations or orders over which they have jurisdiction-Civil Procedure Rules, Part 56-Building Act 2018 s 110-Town and Country Planning Act, ss 5, 6, 7, 10, 11 and 13-Town and Country Planning (Kingston) Development Order 1966-Town and Country Planning (Kingston and St. Andrew and the Pedro Cays) Provisional Development Order 2017-Natural Resources Conservation Authority Act, s 9 (2)-Natural Resources Conservation Authority (Permits and Licences) Regulations 1966, regulation 7

Document Type:

Year: 
2025
Suit/Claim number: 
COA2021CV00010 & COA2021CV00011
Neutral Citation: 
[2025] JMCA Civ 16
Judge(s): 
F Williams and Edwards