Wychavon District Council v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 692 (23 June 2008)

Wychavon District Council v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 692 (23 June 2008)

The inspector did not err in law by failing to apply a rigid two-stage test for 'very special circumstances' under PPG2; the combination of unmet need, lack of alternative sites, and personal circumstances was capable of amounting to very special circumstances justifying temporary planning permission in the Green Belt. The inspector's decision was not perverse and should be restored.

Citation
[2008] EWCA Civ 692
Parties
Claimant/first Respondent: Wychavon District Council; Defendant/second Respondent: Secretary of State for Communities & Local Government; Defendant/appellant: Kathleen Butler; Defendant/appellant: Leonard Butler
Jurisdiction
England and Wales
Judgment Date
23 June 2008
Procedural Posture
Appeal From Administrative Court (qbd) / Court of Appeal Judgment
Outcome
Appeal allowed; inspector's decision and grant of temporary planning permission restored.
Legal Topics
Green Belt Policy, Gypsy and Traveller Sites, Temporary Planning Permission, Very Special Circumstances, Article 8 ECHR, Planning Policy Guidance (ppg2), Circular 01/2006
Planning Law Administrative Law Human Rights Green Belt Policy Gypsy and Traveller Sites Temporary Planning Permission Very Special Circumstances Article 8 ECHR +2 more

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Parties

Wychavon District Council

Claimant/first Respondent

Secretary of State for Communities & Local Government

Defendant/second Respondent

Kathleen Butler

Defendant/appellant

Leonard Butler

Defendant/appellant

Procedural Posture

Appeal From Administrative Court (qbd) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the inspector misinterpreted Green Belt policy (PPG2) paragraph 3.2
  2. 2 Whether the inspector's reasoning was perverse or legally flawed
  3. 3 Whether failure to consider alternative sites outside Green Belt was a material omission

Ratio Decidendi

The inspector did not err in law by failing to apply a rigid two-stage test for 'very special circumstances' under PPG2; the combination of unmet need, lack of alternative sites, and personal circumstances was capable of amounting to very special circumstances justifying temporary planning permission in the Green Belt. The inspector's decision was not perverse and should be restored.

Court Disposition

Appeal allowed; inspector's decision and grant of temporary planning permission restored.

Orders

  • Quashing order set aside; inspector's grant of temporary planning permission reinstated.