Doncaster Metropolitan Borough Council, R (on the application of) v The First Secretary of State & Anor [2007] EWHC 1034 (Admin) (19 February 2007)

Doncaster Metropolitan Borough Council, R (on the application of) v The First Secretary of State & Anor [2007] EWHC 1034 (Admin) (19 February 2007)

The inspector lawfully granted planning permission for the gypsy caravan site; the Council was not denied procedural fairness as it had the opportunity to comment on the new Circular; the inspector's rejection of a temporary permission was consistent with policy and not perverse; and the planning conditions imposed were valid and enforceable.

Citation
[2007] EWHC 1034 (Admin)
Parties
Claimant: Doncaster Metropolitan Borough Council; First Defendant: First Secretary of State; Second Defendant: Angela Smith
Jurisdiction
England and Wales
Judgment Date
19 February 2007
Procedural Posture
Judicial Review (planning) / High Court Judgment on Application Under Section 288 of the Town and Country Planning Act 1990
Outcome
Claim dismissed
Legal Topics
Green Belt Development, Gypsy and Traveller Sites, Procedural Fairness, Temporary Planning Permission, Planning Conditions, Article 8 ECHR
Administrative Law Planning Law Human Rights Green Belt Development Gypsy and Traveller Sites Procedural Fairness Temporary Planning Permission Planning Conditions +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 5 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Doncaster Metropolitan Borough Council

Claimant

First Secretary of State

First Defendant

Angela Smith

Second Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment on Application Under Section 288 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the inspector's decision to grant planning permission for a gypsy caravan site in the Green Belt was lawful
  2. 2 Whether failure to re-open the inquiry after publication of Circular 01/2006 was procedurally unfair
  3. 3 Whether the inspector's rejection of a temporary permission was perverse or unreasonable

Ratio Decidendi

The inspector lawfully granted planning permission for the gypsy caravan site; the Council was not denied procedural fairness as it had the opportunity to comment on the new Circular; the inspector's rejection of a temporary permission was consistent with policy and not perverse; and the planning conditions imposed were valid and enforceable.

Court Disposition

Claim dismissed

Orders

  • Application to quash inspector's decision refused
  • Claimant to pay first defendant's costs in the sum of £6,254