Source: All England Reporter
Publisher Citation: [2008] All ER (D) 270 (Jan)
Neutral Citation: [2008] EWHC 117 (Admin)
Court: Queen's Bench Division, Administrative Court
Judge:

Wyn Williams J

Representation Alan Masters (instructed by Bramwell Browne & Odedra, Chesham) for the claimant.
  Rupert Warren (instructed by the Treasury Solicitor) for the Secretary of State.
  The second defendant did not appear and was not represented.
Judgment Dates: 31 January 2008

Catchwords

Town and country planning - Enforcement notice - Appeal against notice - Caravan site - Local planning authority issuing enforcement notice - Claimant requesting planning permission for residential caravan site to be granted as alternative to notice - Secretary of State's inspector deciding not to grant planning permission and upholding notice - Whether inspector erring - s 289.

The Case

On its true construction, Circular 01-2006, on gypsy caravan sites, did not lay down 'tests' as lawyers would usually use that word. It could be accepted without reservation, however, that any decision maker had to have proper regard to national policy guidance and that if he failed to do so, his decision would be susceptible to challenge in the High Court. In the instant case, the Secretary of State's inspector had appreciated the relevant paragraphs of the Circular, although he had not expressly mentioned it in his decision, which was to uphold the local planning authority's enforcement notice requiring caravans, portable stores and hard standings, to be removed from the appeal site.

Practice Areas

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