Bowers, R (on the application of) v First Secretary of State & Anor

Bowers, R (on the application of) v First Secretary of State & Anor

The Inspector was entitled to conclude, on the limited material before him, that there were no very special circumstances to justify overriding Green Belt policy. The Inspector properly considered the claimant's health and family circumstances, carried out the necessary balancing exercise, and was not required to investigate further or make findings on alternative accommodation not raised by the claimant. The onus was on the claimant to establish very special circumstances, which she failed to do.

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) / Judgment on Application to Quash Planning Decision
Outcome
Application dismissed
Legal Topics
Green Belt Policy, Planning Permission for Showpeople, Very Special Circumstances, Article 8 ECHR, Judicial Review of Planning Decisions
Planning Law Administrative Law Human Rights Green Belt Policy Planning Permission for Showpeople Very Special Circumstances Article 8 ECHR Judicial Review of Planning Decisions

Case Brief

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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) / Judgment on Application to Quash Planning Decision

Legal Issues

  1. 1 Whether the Inspector erred in law in concluding there were no very special circumstances to justify granting planning permission for inappropriate development in the Green Belt
  2. 2 Whether the Inspector failed to properly consider the claimant's health and family circumstances under Article 8 ECHR
  3. 3 Whether the Inspector was required to investigate alternative accommodation options

Ratio Decidendi

The Inspector was entitled to conclude, on the limited material before him, that there were no very special circumstances to justify overriding Green Belt policy. The Inspector properly considered the claimant's health and family circumstances, carried out the necessary balancing exercise, and was not required to investigate further or make findings on alternative accommodation not raised by the claimant. The onus was on the claimant to establish very special circumstances, which she failed to do.

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