Source: All England Reporter
Publisher Citation: [2013] All ER (D) 307 (May)
Neutral Citation: [2013] EWCA Civ 585
Court: Court of Appeal, Civil Division
Judge:

Lord Justice Goldring, Lord Justice Aikens and Lord Justice McCombe

Representation Stephen Cottle (instructed by Community Law Partnership) for the claimant.
  Stephen Whale (instructed by the Treasury Solicitor) for the Secretary of State.
  Melissa  Murphy (instructed by Basildon Borough Council Legal Department) for the authority.
Judgment Dates: 23 May 2013

Catchwords

Town and country planning - Development - Permission for development - Claimant traveller applying for retrospective planning permission in respect of site in green belt - Application being refused - Planning inspector upholding decision and refusing temporary and permanent planning permission - High Court refusing to quash decision - Whether inspector placing insufficient weight on failure of second defendant local planning authority to carry out assessment of accommodation needs of gypsies and travellers.

The Case

Town and country planning Development. The Court of Appeal, Civil Division held that a planning inspector had not erred in finding that the failure of the second defendant local planning authority to carry out an assessment of the accommodation needs of gypsies and travellers residing in its district, and to prepare a strategy in respect of the meeting of that need, had not outweighed the other material considerations going against a further temporary permission on Green Belt land.

Practice Areas

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