Bowers, R (on the application of) v First Secretary of State & Anor [2003] EWHC 2802 (Admin) (13 November 2003)

Bowers, R (on the application of) v First Secretary of State & Anor [2003] EWHC 2802 (Admin) (13 November 2003)

The inspector lawfully considered the only two personal circumstances raised (health and granddaughter's schooling), found they did not amount to very special circumstances, and was not required to investigate further or make findings on unraised matters; the claimant bore the onus to provide evidence and did not do so.

Citation
[2003] EWHC 2802 (Admin)
Parties
Claimant: Tina Bowers; First Defendant: First Secretary of State; Second Defendant: Thurrock Council
Jurisdiction
England and Wales
Judgment Date
13 November 2003
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application dismissed
Legal Topics
Green Belt Policy, Planning Permission, Very Special Circumstances, Article 8 ECHR, Procedural Fairness
Administrative Law Planning Law Human Rights Green Belt Policy Planning Permission Very Special Circumstances Article 8 ECHR Procedural Fairness

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Parties

Tina Bowers

Claimant

First Secretary of State

First Defendant

Thurrock Council

Second Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector erred in law by failing to find 'very special circumstances' to justify development in the Green Belt
  2. 2 Whether the inspector failed to properly consider the claimant's personal circumstances under Article 8 ECHR
  3. 3 Whether the inspector was required to make further enquiries or findings regarding alternative accommodation

Ratio Decidendi

The inspector lawfully considered the only two personal circumstances raised (health and granddaughter's schooling), found they did not amount to very special circumstances, and was not required to investigate further or make findings on unraised matters; the claimant bore the onus to provide evidence and did not do so.

Court Disposition

Application dismissed

Orders

  • Application under section 288 Town and Country Planning Act 1990 dismissed
  • Order for costs in favour of the defendants, subject to assessment under Community Legal Funding Regulations