World Society for the Protection of Animals v Welsh Ministers & Ors

The Minister lawfully weighed the economic benefits of the proposed development against the considerable harm to heritage assets, gave the required special weight to the statutory duty under section 66(1) of the Listed Buildings Act, and provided adequate reasons; none of the grounds for quashing the decision were made out.

Parties: Claimant: The World Society for the Protection of Animals; First Defendant: The Welsh Ministers; Second Defendant: Powys County Council; Third Defendant: Fraser Jones
Jurisdiction: England and Wales
Judgment Date: 12 June 2014
Procedural Posture: Judicial Review (section 288 Town and Country Planning Act 1990) / Final Judgment
Outcome: Application dismissed
Legal Topics: Material Considerations in Planning, Statutory Duty Under Listed Buildings Act, Wednesbury Unreasonableness, Economic Benefits in Planning, Reasons for Planning Decisions

Planning Law Administrative Law Heritage Protection Material Considerations in Planning Statutory Duty Under Listed Buildings Act Wednesbury Unreasonableness Economic Benefits in Planning Reasons for Planning Decisions

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Parties

The World Society for the Protection of Animals

Claimant

The Welsh Ministers

First Defendant

Powys County Council

Second Defendant

Fraser Jones

Third Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / Final Judgment

Legal Issues

1 Whether the Minister failed to take into account material considerations
2 Whether the Minister misunderstood or misapplied section 66(1) of the Listed Buildings Act
3 Whether the Minister's decision was irrational (Wednesbury unreasonableness)

Ratio Decidendi

Court Disposition

Application dismissed