Wychavon District Council of Civic Centre, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2007] EWHC 3209 (Admin) (19 December 2007)

Wychavon District Council of Civic Centre, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2007] EWHC 3209 (Admin) (19 December 2007)

The Inspector erred in law by treating the balancing of harm and other considerations as determinative of 'very special circumstances' without first identifying circumstances that could reasonably be described as very special; the factors relied upon were commonplace and incapable, individually or collectively, of amounting to very special circumstances justifying inappropriate development in the Green Belt.

Citation
[2007] EWHC 3209 (Admin)
Parties
Claimant: Wychavon District Council of Civic Centre; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Kathleen Butler; Third Defendant: Leonard Butler
Jurisdiction
England and Wales
Judgment Date
19 December 2007
Procedural Posture
Judicial Review (planning Appeal) / Judgment on Application to Quash Planning Inspector's Decision
Outcome
decision quashed
Legal Topics
Green Belt Policy, Planning Permission, Gypsy and Traveller Sites, Judicial Review, Statutory Interpretation
Planning Law Administrative Law Local Government Law Green Belt Policy Planning Permission Gypsy and Traveller Sites Judicial Review Statutory Interpretation

Case Brief

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Parties

Wychavon District Council of Civic Centre

Claimant

Secretary of State for Communities and Local Government

First Defendant

Kathleen Butler

Second Defendant

Leonard Butler

Third Defendant

Procedural Posture

Judicial Review (planning Appeal) / Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the Planning Inspector applied the correct legal test for 'very special circumstances' under Green Belt policy when granting temporary planning permission for a gypsy site
  2. 2 Whether the Inspector's decision was perverse or based on an error of law

Ratio Decidendi

The Inspector erred in law by treating the balancing of harm and other considerations as determinative of 'very special circumstances' without first identifying circumstances that could reasonably be described as very special; the factors relied upon were commonplace and incapable, individually or collectively, of amounting to very special circumstances justifying inappropriate development in the Green Belt.

Court Disposition

decision quashed

Orders

  • The Inspector's decision granting temporary planning permission is quashed.
  • The Secretary of State (first defendant) to pay the claimant's costs up to 2 November 2007.