Source: All England Reporter
Publisher Citation: [2005] All ER (D) 168 (Dec)
Neutral Citation: [2005] EWHC 2850 (Admin)
Court: Queen's Bench Division (Administrative Court)
Judge:

Collins J

Representation Alan Masters (instructed by Community Law Partnership) for the claimant.
  Timothy Mould (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 14 November 2005

Catchwords

Town and country planning - Appeal to Minister against refusal of permission for development - Notification of decision - Reasons for decision - Secretary of State not agreeing with recommendation of inspector - Refusal of permission for development - Whether Secretary of State reaching conclusions of fact requiring further representations - Whether Secretary of State making irrational decision - Town and Country Planning (Inquiries Procedure) (England) Rules 2000, r 17.

The Case

The defendant Secretary of State had not failed to comply with r17(5) of the Town and Country Planning Inquiry Procedure (England) Rules 2000 in that the existence of the local education authority's (LEA) legal obligations, which the Secretary of State relied upon in finding that the effect on the education of the claimant's children of a refusal of planning permission for a caravan site for gypsies had not constituted a very special circumstance, was not something which required any fresh representation.

Practice Areas

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