Data source
Date of text
31 Dec 2006
Seat of court
Port Louis
Original language


Type of text
National - higher court
Reference number
2006 SCJ 212
Court name
Supreme Court

The applicant, Belles des Iles Ltée, applied for a development permit to make an extension of their Hotel/Guest House. The application was turned down by the Municipal Council of Quatre Bornes, the respondent in the case, on the grounds that the proposed developments would be detrimental to the amenities of the residential area and that the neighbours had strong objections to the development.

The applicant meant that the rejection was arbitrary, unreasonable, took into consideration extraneous reasons and/or justifications and was in violation of the law. The applicant also asserted that there was in reality only one objector, a neighbouring couple, and that the complaints were not related to the proposed extensions. The complaints regarded noise levels and spotlights lit all night.

The respondent claimed that the applicant had started an extension without a permit. This fact was however not mentioned in the rejection of the development permit.

According to the court, the respondent had not given any indication that the extension would have an adverse impact on the environment contrary to any rules laid down by the Ministry of Environment or the Ministry of Health. Thus, the Court meant that the respondent had not given the application the required consideration before rejecting it. The permit was therefore granted.