Dear v Secretary of State for Communities And Local Government & Anor [2015] EWHC 29 (Admin) (19 January 2015)

Dear v Secretary of State for Communities And Local Government & Anor [2015] EWHC 29 (Admin) (19 January 2015)

While the Secretary of State failed to address consistency with the Flashley Carr Lane Decision and did not give reasons for departure, this omission was academic because the harm to the Green Belt would have outweighed other considerations regardless; the Secretary of State did not err in law regarding the weight given to children's interests, and reasons given were adequate.

Citation
[2015] EWHC 29 (Admin)
Parties
Claimant: Ann Dear; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Doncaster Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
19 January 2015
Procedural Posture
Statutory Application Under Section 288 Town and Country Planning Act 1990 / Judgment After Hearing
Outcome
Claim dismissed
Legal Topics
Consistency in Planning Decisions, Temporary Planning Permission, Green Belt Policy, Traveller Site Policy, Children's Best Interests, Weight of Material Considerations
Administrative Law Planning Law Human Rights Law Consistency in Planning Decisions Temporary Planning Permission Green Belt Policy Traveller Site Policy Children's Best Interests +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Ann Dear

Claimant

Secretary of State for Communities and Local Government

First Defendant

Doncaster Metropolitan Borough Council

Second Defendant

Procedural Posture

Statutory Application Under Section 288 Town and Country Planning Act 1990 / Judgment After Hearing

Legal Issues

  1. 1 Whether the Secretary of State failed to consider consistency with previous inspector decisions
  2. 2 Whether adequate reasons were given for departing from previous decisions
  3. 3 Whether harm to Green Belt was given inherently more weight than children's best interests

Ratio Decidendi

While the Secretary of State failed to address consistency with the Flashley Carr Lane Decision and did not give reasons for departure, this omission was academic because the harm to the Green Belt would have outweighed other considerations regardless; the Secretary of State did not err in law regarding the weight given to children's interests, and reasons given were adequate.

Court Disposition

Claim dismissed