Chelmsford Borough Council, R (on the application of) v First Secretary of State & Anor

The Secretary of State erred in law by treating the ordinary educational needs of the applicant's children as 'very special circumstances' justifying inappropriate development in the Green Belt, contrary to the requirements of PPG2. The decision was therefore quashed.

Parties: Claimant: Chelmsford Borough Council; First Defendant: First Secretary of State; Second Defendant: Mrs Draper
Jurisdiction: England and Wales
Judgment Date: 25 November 2003
Procedural Posture: Judicial Review (planning) / Judgment on Application to Quash Planning Decision
Outcome: Application allowed; decision quashed
Legal Topics: Green Belt Policy, Planning Permission, Very Special Circumstances, Gypsy Caravan Sites, Judicial Review

Administrative Law Planning Law Green Belt Policy Planning Permission Very Special Circumstances Gypsy Caravan Sites Judicial Review

Case Brief

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Parties

Chelmsford Borough Council

Claimant

First Secretary of State

First Defendant

Mrs Draper

Second Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Planning Decision

Legal Issues

1 Whether the Secretary of State misapplied Green Belt policy in granting planning permission for inappropriate development
2 Whether the educational needs of the applicant's children constituted 'very special circumstances' justifying the development
3 Whether the decision letter contained adequate reasoning and analysis as required by law

Ratio Decidendi

Court Disposition

Application allowed; decision quashed

Orders

The decision of the First Secretary of State dated 18 June 2003 is quashed.
The First Secretary of State is to pay the claimant's costs, summarily assessed at £4,590.