Jenkins v Welsh Assembly Government

Jenkins v Welsh Assembly Government

The inspector's decision was adequately reasoned, addressed all material objections, and was not irrational or unlawful. The claimant failed to provide evidence of business detriment, and any measurable loss from parking issues could be addressed by statutory compensation. The application to quash the inspector's decision is dismissed.

Parties
Claimant: Lyn James Jenkins; Defendant: Welsh Assembly Government
Jurisdiction
England and Wales
Judgment Date
27 February 2009
Procedural Posture
Judicial Review / Judgment on Application to Quash Inspector's Decision
Outcome
Application dismissed
Legal Topics
Public Footpath Creation, Compulsory Acquisition, Compensation for Landowners, Judicial Review of Administrative Decisions
Administrative Law Planning Law Public Footpath Creation Compulsory Acquisition Compensation for Landowners Judicial Review of Administrative 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 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Lyn James Jenkins

Claimant

Welsh Assembly Government

Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Inspector's Decision

Legal Issues

  1. 1 Whether the inspector's decision to confirm the public path creation order was inadequately reasoned or irrational
  2. 2 Whether the inspector failed to consider safety, parking, and agricultural objections adequately
  3. 3 Whether the inspector failed to consider the impact on the claimant's business

Ratio Decidendi

The inspector's decision was adequately reasoned, addressed all material objections, and was not irrational or unlawful. The claimant failed to provide evidence of business detriment, and any measurable loss from parking issues could be addressed by statutory compensation. The application to quash the inspector's decision is dismissed.

Court Disposition

Application dismissed

Orders

  • Application to quash the inspector's decision is dismissed
  • No order for tape-recording of the judgment