Butler v Bath And North East Somerset District Council & Ors [2003] EWCA Civ 1614 (30 October 2003)

Butler v Bath And North East Somerset District Council & Ors [2003] EWCA Civ 1614 (30 October 2003)

The authorities' adoption of Policy 37, which did not require local plans to identify suitable locations for gypsy and traveller sites as recommended by the examining panel, constituted a departure from the recommendation. The authorities failed to comply with the procedural requirements of Regulation 15(4), rendering Policy 37 unlawful.

Citation
[2003] EWCA Civ 1614
Parties
Claimant/appellant: Mrs M Butler; Defendants/respondents: Bath and North East Somerset District Council & Others
Jurisdiction
England and Wales
Judgment Date
30 October 2003
Procedural Posture
Judicial Review (planning) / Appeal From Queen's Bench Division, Administrative Court
Outcome
Appeal allowed
Legal Topics
Development Plans, Gypsy and Traveller Site Provision, Procedural Requirements Under Planning Regulations
Administrative Law Planning Law Development Plans Gypsy and Traveller Site Provision Procedural Requirements Under Planning Regulations

Case Brief

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Parties

Mrs M Butler

Claimant/appellant

Bath and North East Somerset District Council & Others

Defendants/respondents

Procedural Posture

Judicial Review (planning) / Appeal From Queen's Bench Division, Administrative Court

Legal Issues

  1. 1 Whether the adoption of Policy 37 constituted a departure from the panel's recommendation requiring identification of suitable locations for gypsy and traveller sites in local plans
  2. 2 Whether the procedural requirements under Regulation 15(4) of the Town and Country Planning (Development Plan) (England) Regulations 1999 were breached

Ratio Decidendi

The authorities' adoption of Policy 37, which did not require local plans to identify suitable locations for gypsy and traveller sites as recommended by the examining panel, constituted a departure from the recommendation. The authorities failed to comply with the procedural requirements of Regulation 15(4), rendering Policy 37 unlawful.

Court Disposition

Appeal allowed

Orders

  • Policy 37 to be quashed
  • Appellant awarded costs