Mole Valley District Council, R (on the application of) v First Secretary of State & Anor
The Inspector's decision that the aggregate of the shortage of gypsy sites and the acute personal needs of the applicant amounted to very special circumstances was not perverse and was reasonably capable of being described as very special; the application to quash the decision fails.
- Parties
- Claimant: Mole Valley District Council; First Defendant: First Secretary of State; Second Defendant: Henry W Smith
- Jurisdiction
- England and Wales
- Judgment Date
- 25 April 2005
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- application dismissed
- Legal Topics
- Green Belt Development, Gypsy Site Provision, Judicial Review Standards
Case Brief
Summary, issues, holding and outcome
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Parties
Mole Valley District Council
Claimant
First Secretary of State
First Defendant
Henry W Smith
Second Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the Inspector's decision to grant planning permission for a gypsy site in the Green Belt was perverse or unlawful under section 288(1)(b) of the Town and Country Planning Act 1990
Ratio Decidendi
The Inspector's decision that the aggregate of the shortage of gypsy sites and the acute personal needs of the applicant amounted to very special circumstances was not perverse and was reasonably capable of being described as very special; the application to quash the decision fails.
Court Disposition
application dismissed
Orders
- Claimant to pay First Secretary of State's costs in the sum of £4,800
- Detailed assessment of costs for Second Defendant
Full Case Text
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