National Assembly for Wales, Re The Town & Country Planning Act 1990

National Assembly for Wales, Re The Town & Country Planning Act 1990

The inspector properly identified the absence of material harm to the countryside's character and appearance as a material consideration justifying departure from the development plan under section 54(a), and his decision was not irrational or perverse; therefore, the challenge to the inspector's decision fails.

Parties
Claimant: Pembrokeshire County Council; Defendant: The National Assembly for Wales
Jurisdiction
England and Wales
Judgment Date
16 March 2005
Procedural Posture
Appeal Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Claim dismissed; inspector's decision upheld
Legal Topics
Development Plans, Material Considerations, Judicial Review of Planning Decisions
Administrative Law Planning Law Development Plans Material Considerations Judicial Review of Planning Decisions

Case Brief

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Pembrokeshire County Council

Claimant

The National Assembly for Wales

Defendant

Procedural Posture

Appeal Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector properly identified and applied material considerations justifying departure from the development plan under section 54(a) of the Town and Country Planning Act 1990
  2. 2 Whether the inspector's decision was irrational or perverse

Ratio Decidendi

The inspector properly identified the absence of material harm to the countryside's character and appearance as a material consideration justifying departure from the development plan under section 54(a), and his decision was not irrational or perverse; therefore, the challenge to the inspector's decision fails.

Court Disposition

Claim dismissed; inspector's decision upheld

Orders

  • Claimant to pay defendant's costs assessed at £2,981