Jenkins v Welsh Assembly Government

Jenkins v Welsh Assembly Government

Permission to appeal is granted on the parking issue only, as the Inspector failed to adequately address the practical planning conflict between visitors to the Coastal Path and the Farm Park, which goes beyond mere compensation for loss.

Parties
Applicant: Jenkins; Respondent: Welsh Assembly Government
Jurisdiction
England and Wales
Judgment Date
03 November 2009
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted in part (on parking issue only)
Legal Topics
Public Footpaths, Planning Permission, Compensation, Procedural Fairness
Administrative Law Planning Law Public Footpaths Planning Permission Compensation Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Jenkins

Applicant

Welsh Assembly Government

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Inspector failed to address safety concerns regarding the footpath
  2. 2 Whether the Inspector failed to consider the business impact on the Applicant
  3. 3 Whether the Inspector failed to adequately address parking and planning issues

Ratio Decidendi

Permission to appeal is granted on the parking issue only, as the Inspector failed to adequately address the practical planning conflict between visitors to the Coastal Path and the Farm Park, which goes beyond mere compensation for loss.

Court Disposition

Permission to appeal granted in part (on parking issue only)

Orders

  • Permission to appeal granted on the parking issue
  • Permission to appeal out of time granted