Renew Land Developments Ltd v Welsh Ministers & Ors

Renew Land Developments Ltd v Welsh Ministers & Ors

The Inspector's decision was irrational and unlawful because the open space policy conflict was illusory given the landowner's ability and intention to fence the land, removing it from public open space; the Inspector failed to properly enquire into the status of the land, and her reliance on visual amenity was procedurally unfair.

Parties
Claimant: Renew Land Developments Limited; Defendant: Welsh Ministers; Interested Party: Conwy County Borough Council; Interested Party: Cartrefi Conwy Cyf
Jurisdiction
England and Wales
Judgment Date
26 March 2019
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / Final Judgment
Outcome
Claim allowed; Inspector's decision quashed and remitted for redetermination.
Legal Topics
Planning Permission, Open Space Policy, Development Plan Priority, Procedural Fairness, Statutory Interpretation
Administrative Law Planning Law Planning Permission Open Space Policy Development Plan Priority Procedural Fairness Statutory Interpretation

Case Brief

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Parties

Renew Land Developments Limited

Claimant

Welsh Ministers

Defendant

Conwy County Borough Council

Interested Party

Cartrefi Conwy Cyf

Interested Party

Procedural Posture

Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / Final Judgment

Legal Issues

  1. 1 Whether the Inspector's decision unlawfully applied policy CFS/12 regarding open space
  2. 2 Whether the Inspector failed to properly consider the fall-back position
  3. 3 Whether the Inspector failed to accord statutory priority to the development plan and conduct a proper planning balance

Ratio Decidendi

The Inspector's decision was irrational and unlawful because the open space policy conflict was illusory given the landowner's ability and intention to fence the land, removing it from public open space; the Inspector failed to properly enquire into the status of the land, and her reliance on visual amenity was procedurally unfair.

Court Disposition

Claim allowed; Inspector's decision quashed and remitted for redetermination.

Orders

  • Inspector's decision quashed
  • Matter remitted to Welsh Ministers for redetermination