Pembrokeshire Coast National Park Authority, R (on the application of) v National Assembly for Wales & Anor

Pembrokeshire Coast National Park Authority, R (on the application of) v National Assembly for Wales & Anor

The inspector was entitled to attach little weight to the emerging policy in the absence of evidence of need, to find that the proposal did not go to the heart of the plan or set a precedent, and to conclude that the authority acted unreasonably in refusing permission and in its approach to costs. The challenge to...

Source-derived case information.

Parties
Claimant: Pembrokeshire Coast National Park Authority; Defendant: National Assembly for Wales; Interested Party: Lyn Delabatouche
Jurisdiction
England and Wales
Judgment Date
24 July 2003
Procedural Posture
Judicial Review / Statutory Appeal / Judgment
Outcome
Claim dismissed
Legal Topics
Prematurity in Planning Applications, Emerging Development Plans, Material Considerations in Planning, Costs in Planning Appeals
Planning Law Administrative Law Prematurity in Planning Applications Emerging Development Plans Material Considerations in Planning Costs in Planning Appeals

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Pembrokeshire Coast National Park Authority

Claimant

National Assembly for Wales

Defendant

Lyn Delabatouche

Interested Party

Procedural Posture

Judicial Review / Statutory Appeal / Judgment

Legal Issues

  1. 1 Whether the inspector erred in law in granting planning permission contrary to an emerging development plan policy on grounds of prematurity
  2. 2 Whether the inspector's award of costs was unreasonable or unlawful

Ratio Decidendi

The inspector was entitled to attach little weight to the emerging policy in the absence of evidence of need, to find that the proposal did not go to the heart of the plan or set a precedent, and to conclude that the authority acted unreasonably in refusing permission and in its approach to costs. The challenge to the inspector's decision fails.

Court Disposition

Claim dismissed

Orders

  • Claimant to pay defendant's costs assessed at £8,149.50