Simmons v First Secretary of State & Anor

Simmons v First Secretary of State & Anor

The Secretary of State erred in law by failing to take account of all relevant evidence regarding the availability of alternative sites and by attributing weight to a supposed lack of clear evidence of searches by the claimant, when the inspector had found no alternative sites were available. The Secretary of State's decision was therefore irrational and must be quashed.

Parties
Claimant: Robert Simmons; First Defendant: First Secretary of State; Second Defendant: Sevenoaks District Council
Jurisdiction
England and Wales
Judgment Date
02 March 2005
Procedural Posture
Judicial Review / Judgment
Outcome
Decision quashed
Legal Topics
Green Belt Development, Gypsy and Traveller Sites, Planning Permission, Evidential Burden in Planning Appeals
Administrative Law Planning Law Green Belt Development Gypsy and Traveller Sites Planning Permission Evidential Burden in Planning Appeals

Case Brief

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Parties

Robert Simmons

Claimant

First Secretary of State

First Defendant

Sevenoaks District Council

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Secretary of State erred in law by upholding an enforcement notice requiring the claimant to discontinue use of land for residential caravans in the Green Belt.
  2. 2 Whether there is a general evidential burden on a gypsy applicant to establish searches for alternative sites.
  3. 3 Whether the Secretary of State failed to consider all relevant evidence regarding availability of alternative sites.

Ratio Decidendi

The Secretary of State erred in law by failing to take account of all relevant evidence regarding the availability of alternative sites and by attributing weight to a supposed lack of clear evidence of searches by the claimant, when the inspector had found no alternative sites were available. The Secretary of State's decision was therefore irrational and must be quashed.

Court Disposition

Decision quashed

Orders

  • The Secretary of State's decision is quashed. Further relief to be determined after submissions from counsel.