Clee v The First Secretary of State & Anor

Clee v The First Secretary of State & Anor

The Inspector lawfully considered whether to grant temporary planning permission as required by Circular 01/2006, properly applied national policy guidance, and conducted the necessary human rights balancing exercise; no material error of law was found.

Parties
Claimant: G. Clee; First Defendant: The First Secretary of State; Second Defendant: Stafford Borough Council
Jurisdiction
England and Wales
Judgment Date
31 January 2008
Procedural Posture
Appeal Under Section 289 Town and Country Planning Act 1990 / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Gypsy Caravan Site, Green Belt, Temporary Planning Permission, National Policy Guidance, Human Rights Balancing
Administrative Law Planning Law Human Rights Law Enforcement Notice Gypsy Caravan Site Green Belt Temporary Planning Permission National Policy Guidance +1 more

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Parties

G. Clee

Claimant

The First Secretary of State

First Defendant

Stafford Borough Council

Second Defendant

Procedural Posture

Appeal Under Section 289 Town and Country Planning Act 1990 / Judgment on Appeal

Legal Issues

  1. 1 Whether the Inspector failed to consider granting temporary planning permission as required by Circular 01/2006
  2. 2 Whether the Inspector misapplied national policy guidance
  3. 3 Whether the Inspector erred in considering local plan policy HOU21

Ratio Decidendi

The Inspector lawfully considered whether to grant temporary planning permission as required by Circular 01/2006, properly applied national policy guidance, and conducted the necessary human rights balancing exercise; no material error of law was found.

Court Disposition

Appeal dismissed