Wychavon District Council of Civic Centre, R (on the application of) v Secretary of State for Communities & Local Government & Ors

Wychavon District Council of Civic Centre, R (on the application of) v Secretary of State for Communities & Local Government & Ors

The Inspector erred in law by treating the balancing of considerations as determinative of the existence of very special circumstances, and the factors identified—being commonplace—were incapable of amounting to very special circumstances justifying inappropriate development in the Green Belt. The decision must be quashed.

Parties
Claimant: Wychavon District Council; 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 After Substantive Hearing
Outcome
decision quashed
Legal Topics
Green Belt Policy, Gypsy and Traveller Sites, Temporary Planning Permission, Very Special Circumstances, Statutory Interpretation
Planning Law Administrative Law Green Belt Policy Gypsy and Traveller Sites Temporary Planning Permission Very Special Circumstances Statutory Interpretation

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Parties

Wychavon District Council

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 After Substantive Hearing

Legal Issues

  1. 1 Whether the Planning Inspector applied the correct legal test for 'very special circumstances' justifying inappropriate development in the Green Belt under PPG2
  2. 2 Whether the factors identified by the Inspector could amount to very special circumstances justifying temporary planning permission for a gypsy site in the Green Belt

Ratio Decidendi

The Inspector erred in law by treating the balancing of considerations as determinative of the existence of very special circumstances, and the factors identified—being commonplace—were incapable of amounting to very special circumstances justifying inappropriate development in the Green Belt. The decision must be quashed.

Court Disposition

decision quashed

Orders

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