Cash v Secretary of State for Communities and Local Government & Anor
The inspector lawfully considered the best interests of the children as a primary consideration, conducted a structured proportionality assessment, and gave adequate reasons; no error of law, irrationality, or failure to properly engage Article 8 ECHR occurred.
- Parties
- Claimant: Felix Cash; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Wokingham Borough Council
- Jurisdiction
- England and Wales
- Judgment Date
- 04 August 2015
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Application dismissed
- Legal Topics
- Best Interests of Children, Article 8 ECHR, Proportionality, Planning Permission, Wednesbury Unreasonableness
Case Brief
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Parties
Felix Cash
Claimant
Secretary of State for Communities and Local Government
First Defendant
Wokingham Borough Council
Second Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the inspector erred in law in considering the best interests of children in planning decision
- 2 Whether the decision was Wednesbury unreasonable
- 3 Whether the proportionality assessment under Article 8 ECHR was properly conducted
Ratio Decidendi
The inspector lawfully considered the best interests of the children as a primary consideration, conducted a structured proportionality assessment, and gave adequate reasons; no error of law, irrationality, or failure to properly engage Article 8 ECHR occurred.
Court Disposition
Application dismissed
Full Case Text
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