Source: All England Reporter
Publisher Citation: [2010] All ER (D) 184 (Feb)
Neutral Citation: [2010] EWHC 206 (Admin)
Court: Queen's Bench Division, Administrative Court (Leeds)
Judge:

Judge Kaye QC sitting as a judge of the High Court
Representation Martin Carter (instructed by Legal Services, Barnsley Metropolitan Borough Council) for the authority.
  Sarah-Jane Davies (instructed by the Treasury Solicitor) for the Secretary of State.
  Timothy Jones (instructed by Davies Gore Lomax, Leeds) for S.
Judgment Dates: 15 February 2010

Catchwords

Town and country planning - Permission for development - Material consideration - Second defendant Romany gypsy living on caravan site within green belt - Site located in flood risk area - Second defendant seeking permission to develop alternative site - Claimant planning authority refusing permission - Secretary of State's inspector allowing second defendant's appeal and granting permission - Whether inspector leaving material consideration out of account - Whether inspector taking into consideration matters not raised before him - Whether inspector erring.

The Case

Town and country planning Permission for development. Dismissing the claimant authority's application under s288 of the the Administrative Court held that the first defendant Secretary of State's planning inspector's decision to grant the second defendant Romany gypsy permission for change of use of green belt land to provide eight static caravans was unimpeachable. The inspector had delivered a careful, well reasoned and balanced judgment and had not erred in his approach or in the manner and reasoning of his conclusions.

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