Smith v Secretary of State for Communities and Local Government & Anor [2014] EWHC 935 (Admin) (01 April 2014)

Smith v Secretary of State for Communities and Local Government & Anor [2014] EWHC 935 (Admin) (01 April 2014)

The inspector was entitled to reach his conclusions on all relevant issues, including harm to the Green Belt, lack of demonstrated absence of alternative sites, and moderate weight to personal circumstances; there was no impropriety or lack of independence in the decision-making process.

Citation
[2014] EWHC 935 (Admin)
Parties
Claimant: Billy Smith; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: South Buckinghamshire District Council
Jurisdiction
England and Wales
Judgment Date
01 April 2014
Procedural Posture
Judicial Review Under S.288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Green Belt Development, Gypsy and Traveller Sites, Planning Permission Appeals, Article 8 ECHR, Procedural Impropriety
Administrative Law Planning Law Human Rights Green Belt Development Gypsy and Traveller Sites Planning Permission Appeals Article 8 ECHR Procedural Impropriety

Case Brief

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Parties

Billy Smith

Claimant

Secretary of State for Communities and Local Government

First Defendant

South Buckinghamshire District Council

Second Defendant

Procedural Posture

Judicial Review Under S.288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the planning inspector acted unlawfully in dismissing the claimant's appeal against refusal of planning permission for a gypsy site in the Green Belt
  2. 2 Whether the inspector failed to act independently or with propriety
  3. 3 Whether the inspector took into account immaterial matters or failed to take material matters into account

Ratio Decidendi

The inspector was entitled to reach his conclusions on all relevant issues, including harm to the Green Belt, lack of demonstrated absence of alternative sites, and moderate weight to personal circumstances; there was no impropriety or lack of independence in the decision-making process.

Court Disposition

Claim dismissed