Beau Songe Development Ltd v. The United Basalt Products Ltd & Another [2018] UKPC 1

An Appeal from the Supreme Court of Mauritius:

Lord Carnwath:

The central issue in the appeal concerns the legal effect, as it affects the appellant’s proposed development, of a so-called “1km buffer-zone” shown in a map forming part of an approved Outline Scheme under the Town and Country Planning Act 1954 (the “1954 Act”). The dispute in short is whether (in words quoted by the Supreme Court) the 1km radius shown on the map was “indicative up to 1km extent” or “prescriptive of a 1km extent”. The Environment and Land Use Appeal Tribunal (“the Tribunal”) preferred the former interpretation. The Supreme Court disagreed. The issue now comes before the Board.

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