Clay & Anor v The Welsh Ministers

Clay & Anor v The Welsh Ministers

The Inspector was not under a statutory duty to consider and choose between alternative slates for roof replacement; whether to do so was a matter of planning judgment. The Inspector's reasoning was adequate and addressed the substantial points raised.

Parties
Claimant: Anthony John Clay; Claimant: Juliet Sarah Clay; Defendant: The Welsh Ministers; Interested Party: Monmouthshire County Council
Jurisdiction
England and Wales
Judgment Date
03 August 2018
Procedural Posture
Statutory Review / Judgment
Outcome
Application dismissed
Legal Topics
Listed Building Consent, Conservation Areas, Statutory Duties, Planning Judgment, Alternatives Evaluation
Planning Law Heritage Law Listed Building Consent Conservation Areas Statutory Duties Planning Judgment Alternatives Evaluation

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Parties

Anthony John Clay

Claimant

Juliet Sarah Clay

Claimant

The Welsh Ministers

Defendant

Monmouthshire County Council

Interested Party

Procedural Posture

Statutory Review / Judgment

Legal Issues

  1. 1 Whether the Inspector was legally required to consider alternatives for roof replacement
  2. 2 Adequacy of Inspector's reasoning under section 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990

Ratio Decidendi

The Inspector was not under a statutory duty to consider and choose between alternative slates for roof replacement; whether to do so was a matter of planning judgment. The Inspector's reasoning was adequate and addressed the substantial points raised.

Court Disposition

Application dismissed