Sykes v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWHC 112 (Admin) (28 January 2020)

Sykes v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWHC 112 (Admin) (28 January 2020)

The Inspector failed to provide adequate reasons addressing whether suitable permanent sites might become available in neighbouring areas by the end of a temporary planning permission period, which constitutes a deficiency going to the heart of the justification for refusal and undermines the validity of the decision.

Citation
[2020] EWHC 112 (Admin)
Parties
Claimant: Hughie Sykes; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Runnymede Borough Council
Jurisdiction
England and Wales
Judgment Date
28 January 2020
Procedural Posture
Statutory Review Under Section 288 TCPA 1990 / Judgment on Application to Quash Planning Decision
Outcome
Decision quashed and remitted for redetermination
Legal Topics
Green Belt Protection, Traveller Site Provision, Temporary Planning Permission, Judicial Review, Best Interests of the Child, Article 8 ECHR
Planning Law Administrative Law Human Rights Green Belt Protection Traveller Site Provision Temporary Planning Permission Judicial Review Best Interests of the Child +1 more

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Parties

Hughie Sykes

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Runnymede Borough Council

Second Defendant

Procedural Posture

Statutory Review Under Section 288 TCPA 1990 / Judgment on Application to Quash Planning Decision

Legal Issues

  1. 1 Whether the Inspector failed to consider the likelihood of suitable alternative accommodation elsewhere in Surrey at the end of a temporary period
  2. 2 Whether the Inspector failed to provide adequate reasons for refusing temporary planning permission
  3. 3 Whether the Inspector failed to consider granting permission for fewer than 13 pitches

Ratio Decidendi

The Inspector failed to provide adequate reasons addressing whether suitable permanent sites might become available in neighbouring areas by the end of a temporary planning permission period, which constitutes a deficiency going to the heart of the justification for refusal and undermines the validity of the decision.

Court Disposition

Decision quashed and remitted for redetermination

Orders

  • The Inspector's decision is quashed
  • The matter is remitted to the Secretary of State for redetermination