Dartford Borough Council, R (on the application of) v First Secretary of State & Anor

Dartford Borough Council, R (on the application of) v First Secretary of State & Anor

The Secretary of State was entitled to conclude, on the evidence before him, that the combination of the unmet need for gypsy sites and the special educational needs of the second defendant's children amounted to very special circumstances justifying the grant of personal planning permission for the extended family. The reasoning was adequate, and the claimant did not suffer prejudice. The application to quash the decision is dismissed.

Parties
Claimant: Dartford Borough Council; First Defendant: First Secretary of State; Second Defendant: William Lee
Jurisdiction
England and Wales
Judgment Date
26 October 2004
Procedural Posture
Judicial Review / Judgment on Application to Quash Planning Permission
Outcome
Application dismissed
Legal Topics
Green Belt Development, Gypsy and Traveller Sites, Special Educational Needs, Personal Planning Permissions, Article 8 ECHR
Administrative Law Planning Law Human Rights Green Belt Development Gypsy and Traveller Sites Special Educational Needs Personal Planning Permissions Article 8 ECHR

Case Brief

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Parties

Dartford Borough Council

Claimant

First Secretary of State

First Defendant

William Lee

Second Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Planning Permission

Legal Issues

  1. 1 Whether the Secretary of State erred in granting personal planning permission for three families based on special educational needs evidence relating only to one family
  2. 2 Whether the Secretary of State failed to give adequate reasons or had regard to material considerations in concluding there were very special circumstances justifying inappropriate Green Belt development

Ratio Decidendi

The Secretary of State was entitled to conclude, on the evidence before him, that the combination of the unmet need for gypsy sites and the special educational needs of the second defendant's children amounted to very special circumstances justifying the grant of personal planning permission for the extended family. The reasoning was adequate, and the claimant did not suffer prejudice. The application to quash the decision is dismissed.

Court Disposition

Application dismissed

Orders

  • Application to quash planning permission is dismissed.
  • Claimant to pay the first defendant's costs, summarily assessed at £5,950.