Mole Valley District Council, R (on the application of) v First Secretary of State & Anor [2005] EWHC 1079 (Admin) (25 April 2005)

Mole Valley District Council, R (on the application of) v First Secretary of State & Anor [2005] EWHC 1079 (Admin) (25 April 2005)

The Inspector's decision that the acute personal needs of the applicant and the shortage of gypsy sites in the area constituted very special circumstances was not perverse or unlawful; the balancing exercise was properly conducted and the circumstances identified were reasonably capable of being described as very special.

Citation
[2005] EWHC 1079 (Admin)
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 (planning) / High Court Judgment on Application to Quash Planning Decision
Outcome
Application dismissed
Legal Topics
Green Belt Policy, Gypsy and Traveller Site Provision, Judicial Review Standards, Very Special Circumstances in Planning, Balancing Exercise in Planning Decisions
Administrative Law Planning Law Green Belt Policy Gypsy and Traveller Site Provision Judicial Review Standards Very Special Circumstances in Planning Balancing Exercise in Planning Decisions

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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 (planning) / High Court Judgment on Application to Quash Planning Decision

Legal Issues

  1. 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
  2. 2 Whether the circumstances relied upon could objectively amount to 'very special circumstances' justifying inappropriate development in the Green Belt

Ratio Decidendi

The Inspector's decision that the acute personal needs of the applicant and the shortage of gypsy sites in the area constituted very special circumstances was not perverse or unlawful; the balancing exercise was properly conducted and the circumstances identified were reasonably capable of being described as very special.

Court Disposition

Application dismissed

Orders

  • Claimant to pay the First Secretary of State's costs in the sum of £4,800
  • Detailed assessment of costs for the second defendant (legally aided)