JR - Irrationalilty

Question 1

What is irrationality?

Answer 1

Irrationality/ unreasonableness is when a reasonable authority could not have come to the decision

Question 2

Associated Provincial Picture Houses v Wednesbury Corporation

Answer 2

Facts: • The local authority had the power to license cinemas to open on sundays subject to whatever conditions it thought fit to impose
• Authority decided no person under 15 should be admitted on a Sunday - company challenged this as unreasonable

L.P: • Lord Greene MR: “ it is true to say that, if a decision on a competent matter is so unreasonable that no reasonable authority could ever have come to it, then the courts can interfere”

• Wednesbury unreasonableness: if a reasonable authority could have come to the decision then it is reasonable

Question 3

Hall and Co v Shoreham-by-Sea Urban Development Corporation

Answer 3

Facts: • Hall and Co were granted planning permission to develop their land but subject to a condition that they construct, at their own expense, a road to be used by the owners of a neighbouring land and general public

L.P: • Held to be an unreasonable condition as it passed a public burden of constructing roads to the individual

Willmer LJ: “the results would be utterly unreasonable and such as parliament can not possibly have intended”