World Society for the Protection of Animals v Welsh Ministers & Ors [2014] EWHC 1896 (Admin) (12 June 2014)

World Society for the Protection of Animals v Welsh Ministers & Ors [2014] EWHC 1896 (Admin) (12 June 2014)

The Minister lawfully considered all material considerations, properly applied the statutory duty under section 66(1) of the Listed Buildings Act by giving considerable weight to heritage harm, and was entitled to conclude that the economic benefits outweighed the heritage and environmental harm. The decision was not irrational and adequate reasons were given.

Citation
[2014] EWHC 1896 (Admin)
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 (planning) / High Court Judgment
Outcome
Application dismissed
Legal Topics
Planning Permission, Listed Buildings, Judicial Review, Economic Development, Heritage Assets, Section 66(1) Listed Buildings Act, Wednesbury Unreasonableness, Reasons for Decisions
Administrative Law Planning Law Heritage Protection Planning Permission Listed Buildings Judicial Review Economic Development Heritage Assets +3 more

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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 (planning) / High Court Judgment

Legal Issues

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

Ratio Decidendi

The Minister lawfully considered all material considerations, properly applied the statutory duty under section 66(1) of the Listed Buildings Act by giving considerable weight to heritage harm, and was entitled to conclude that the economic benefits outweighed the heritage and environmental harm. The decision was not irrational and adequate reasons were given.

Court Disposition

Application dismissed

Orders

  • Application to quash the Minister's decision refused