Davies v Welsh Ministers & Ors

Davies v Welsh Ministers & Ors

The Inspector erred in law by failing to treat Mrs Davies' personal circumstances as capable of overriding planning policy and by not properly exercising discretion as to whether to impose an obligation to protect her occupation; the decision letter showed the Inspector did not understand that personal circumstances could, exceptionally, outweigh policy considerations.

Parties
Claimant: John Davies; First Defendant: Welsh Ministers; Second Defendant: Flintshire County Council; Third Defendant: Michael Davies-Cooke; Fourth Defendant: Helen Davies-Cooke; Fifth Defendant: Paul Bryan Davies-Cooke; Sixth Defendant: Adele Joy Davies-Cooke
Jurisdiction
England and Wales
Judgment Date
28 May 2013
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment After Substantive Hearing
Outcome
Application allowed; Inspector's decision quashed.
Legal Topics
Material Considerations in Planning, Personal Circumstances in Planning Decisions, Section 288 Challenges, Weight of Considerations, Human Rights (article 8 Echr)
Planning Law Administrative Law Material Considerations in Planning Personal Circumstances in Planning Decisions Section 288 Challenges Weight of Considerations Human Rights (article 8 Echr)

Case Brief

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Parties

John Davies

Claimant

Welsh Ministers

First Defendant

Flintshire County Council

Second Defendant

Michael Davies-Cooke

Third Defendant

Helen Davies-Cooke

Fourth Defendant

Paul Bryan Davies-Cooke

Fifth Defendant

Adele Joy Davies-Cooke

Sixth Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Inspector failed to have proper regard to the personal circumstances of Mrs Davies when granting planning permission
  2. 2 Whether personal circumstances are capable of overriding planning policy in the context of section 288 challenge

Ratio Decidendi

The Inspector erred in law by failing to treat Mrs Davies' personal circumstances as capable of overriding planning policy and by not properly exercising discretion as to whether to impose an obligation to protect her occupation; the decision letter showed the Inspector did not understand that personal circumstances could, exceptionally, outweigh policy considerations.

Court Disposition

Application allowed; Inspector's decision quashed.

Orders

  • The Inspector's decision granting planning permission is quashed.
  • The first defendant (Welsh Ministers) shall pay the claimant's costs, subject to written submissions if not agreed within 14 days.