Wychavon District Council v Secretary of State for Communities & Local Government & Ors

Wychavon District Council v Secretary of State for Communities & Local Government & Ors

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 factors, including the lack of alternative sites, unmet need, and the prospect of forced eviction, were capable of amounting to very special circumstances justifying a temporary planning permission. The inspector’s decision was not perverse and was a matter of planning judgment.

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
Civil Appeal / Appeal From Administrative Court (judgment of Mitting J) to Court of Appeal
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 Note 2 (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

Civil Appeal / Appeal From Administrative Court (judgment of Mitting J) to Court of Appeal

Legal Issues

  1. 1 Whether the inspector misinterpreted paragraph 3.2 of the Green Belt Guidance (PPG2)
  2. 2 Whether the inspector’s reasoning was perverse or otherwise open to legal challenge
  3. 3 Whether the inspector failed to consider the more flexible planning policy for rural areas outside the Green Belt

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 factors, including the lack of alternative sites, unmet need, and the prospect of forced eviction, were capable of amounting to very special circumstances justifying a temporary planning permission. The inspector’s decision was not perverse and was a matter of planning judgment.

Court Disposition

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

Orders

  • The appeal is allowed.
  • The inspector’s decision granting temporary planning permission is restored.