Connors & Ors v Secretary of State for Communities and Local Government & Ors [2015] EWCA Civ 1454 (17 November 2015)

Connors & Ors v Secretary of State for Communities and Local Government & Ors [2015] EWCA Civ 1454 (17 November 2015)

Permission to appeal is granted on the ground that there is a real prospect of success in arguing the Secretary of State failed to address the likelihood of greater harm to the Green Belt if the family moved to another unauthorised site following refusal of temporary planning permission.

Source-derived case information.

Citation
[2015] EWCA Civ 1454
Parties
Applicants: Connors & Ors; Respondents: Secretary of State for Communities and Local Government & Ors
Jurisdiction
England and Wales
Judgment Date
17 November 2015
Procedural Posture
Civil Appeal (renewed Application for Permission to Appeal) / Permission to Appeal From Administrative Court (queen's Bench Division) to Court of Appeal
Outcome
Permission to appeal granted, limited to ground 2(a) only.
Legal Topics
Green Belt Planning Permission, Traveller Sites Policy, Enforcement Notice, Section 288 and 289 Town and Country Planning Act 1990, Equality Act 2010, Article 6 ECHR
Planning Law Administrative Law Human Rights Green Belt Planning Permission Traveller Sites Policy Enforcement Notice Section 288 and 289 Town and Country Planning Act 1990 Equality Act 2010 +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Connors & Ors

Applicants

Secretary of State for Communities and Local Government & Ors

Respondents

Procedural Posture

Civil Appeal (renewed Application for Permission to Appeal) / Permission to Appeal From Administrative Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State failed to consider the likelihood of greater harm to the Green Belt if temporary planning permission was refused and the family moved to another unauthorised site
  2. 2 Whether a late amendment to grounds of appeal challenging the recovery decision under the Equality Act 2010 and Article 6 ECHR should be permitted

Ratio Decidendi

Permission to appeal is granted on the ground that there is a real prospect of success in arguing the Secretary of State failed to address the likelihood of greater harm to the Green Belt if the family moved to another unauthorised site following refusal of temporary planning permission.

Court Disposition

Permission to appeal granted, limited to ground 2(a) only.

Orders

  • Permission to appeal granted on ground 2(a) (failure to address likelihood of further Green Belt harm).
  • Permission to amend grounds of appeal to add ground 4 refused.