Taylor & Ors v Secretary of State for Communities and Local Government & Anor [2012] EWHC 684 (Admin) (22 March 2012)

Taylor & Ors v Secretary of State for Communities and Local Government & Anor [2012] EWHC 684 (Admin) (22 March 2012)

The Inspector lawfully and adequately considered both appeals, distinguishing between the sites where necessary, and reached reasoned conclusions that neither set of circumstances amounted to very special circumstances justifying inappropriate development in the Green Belt. The Inspector's approach to gypsy status, fallback position, assessment of need, application of policy, refusal of temporary permission, and consideration of lawfulness was lawful and rational. There was no procedural unfairness or error of law.

Citation
[2012] EWHC 684 (Admin)
Parties
Appellants (eastern Site): Hope and Lisa Taylor; Appellants (western Site): Pacer Sutcliffe and Others; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: North Warwickshire Borough Council
Jurisdiction
England and Wales
Judgment Date
22 March 2012
Procedural Posture
Administrative Appeal (planning Enforcement and Refusal of Planning Permission) / High Court Judgment on Statutory Appeals Under S288 and S289 Town and Country Planning Act 1990
Outcome
Appeals dismissed
Legal Topics
Green Belt Development, Gypsy and Traveller Sites, Enforcement Notices, Temporary Planning Permission, Article 8 ECHR, Need for Gypsy Sites, Planning Policy Statement 3 (pps3), Circular 1/2006, Very Special Circumstances, Procedural Fairness
Planning Law Administrative Law Human Rights Green Belt Development Gypsy and Traveller Sites Enforcement Notices Temporary Planning Permission Article 8 ECHR +5 more

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Parties

Hope and Lisa Taylor

Appellants (eastern Site)

Pacer Sutcliffe and Others

Appellants (western Site)

Secretary of State for Communities and Local Government

1st Defendant

North Warwickshire Borough Council

2nd Defendant

Procedural Posture

Administrative Appeal (planning Enforcement and Refusal of Planning Permission) / High Court Judgment on Statutory Appeals Under S288 and S289 Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Inspector failed to consider the two appeals separately and ignored material differences between the sites
  2. 2 Whether the Inspector erred in his approach to the gypsy status of the Eastern site occupiers and the fallback position
  3. 3 Whether the Inspector wrongly took into account a site with temporary planning permission when assessing need

Ratio Decidendi

The Inspector lawfully and adequately considered both appeals, distinguishing between the sites where necessary, and reached reasoned conclusions that neither set of circumstances amounted to very special circumstances justifying inappropriate development in the Green Belt. The Inspector's approach to gypsy status, fallback position, assessment of need, application of policy, refusal of temporary permission, and consideration of lawfulness was lawful and rational. There was no procedural unfairness or error of law.

Court Disposition

Appeals dismissed

Orders

  • Appeals under s288 and s289 Town and Country Planning Act 1990 dismissed
  • No order for temporary planning permission