Barnsley Metropolitan Borough Council v Secretary of State for Communities and Local Government & Anor

Barnsley Metropolitan Borough Council v Secretary of State for Communities and Local Government & Anor

The inspector was not required to grant temporary planning permission as there was no reasonable expectation of alternative sites becoming available; the inspector's reasoning was based on the critical personal circumstances of the Smith family and was adequately reasoned. The Borough had a fair opportunity to present its case and the inspector's consideration of site-specific factors was within his professional remit.

Parties
Claimant: Barnsley Metropolitan Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Richard Smith
Jurisdiction
England and Wales
Judgment Date
15 February 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
appeal dismissed
Legal Topics
Green Belt Development, Gypsy and Traveller Site Planning, Temporary Planning Permission, Procedural Fairness, Reasoned Decisions
Planning Law Administrative Law Green Belt Development Gypsy and Traveller Site Planning Temporary Planning Permission Procedural Fairness Reasoned Decisions

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Parties

Barnsley Metropolitan Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Richard Smith

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the inspector failed to consider the imposition of a temporary planning permission
  2. 2 Whether the inspector deprived the Borough of procedural fairness by relying on factors not raised by the parties

Ratio Decidendi

The inspector was not required to grant temporary planning permission as there was no reasonable expectation of alternative sites becoming available; the inspector's reasoning was based on the critical personal circumstances of the Smith family and was adequately reasoned. The Borough had a fair opportunity to present its case and the inspector's consideration of site-specific factors was within his professional remit.

Court Disposition

appeal dismissed