Long, R (on the application of) v Optimisation Developments Ltd

Long, R (on the application of) v Optimisation Developments Ltd

The Welsh Ministers lawfully exercised their discretion under section 58(2)(d) of the Local Government (Wales) Act 1994 to repeal section 28 of the Abergavenny Improvement Act 1854. The provision was obsolete, unnecessary, and substantially superseded by the Food Act 1984. There was no misdirection of law, nor was the decision irrational or unreasonable. The Ministers were not required to consider the merits of redevelopment or the Council's future exercise of powers, only the legal effect of repeal.

Parties
Claimant: The Queen on the application of Long; Defendant: The Welsh Ministers; First Interested Party: Monmouthshire County Council; Second Interested Party: Optimisation Developments Ltd
Jurisdiction
England and Wales
Judgment Date
08 November 2012
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Judicial Review, Statutory Interpretation, Repeal of Local Acts, Ministerial Discretion
Administrative Law Local Government Law Judicial Review Statutory Interpretation Repeal of Local Acts Ministerial Discretion

Case Brief

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Parties

The Queen on the application of Long

Claimant

The Welsh Ministers

Defendant

Monmouthshire County Council

First Interested Party

Optimisation Developments Ltd

Second Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Welsh Ministers lawfully exercised their power under section 58(2)(d) of the Local Government (Wales) Act 1994 to repeal section 28 of the Abergavenny Improvement Act 1854
  2. 2 Whether the Minister failed to take into account relevant considerations or took into account irrelevant considerations in making the repeal order

Ratio Decidendi

The Welsh Ministers lawfully exercised their discretion under section 58(2)(d) of the Local Government (Wales) Act 1994 to repeal section 28 of the Abergavenny Improvement Act 1854. The provision was obsolete, unnecessary, and substantially superseded by the Food Act 1984. There was no misdirection of law, nor was the decision irrational or unreasonable. The Ministers were not required to consider the merits of redevelopment or the Council's future exercise of powers, only the legal effect of repeal.

Court Disposition

Application dismissed