Boswell v Secretary of State for Local Government & Anor [2010] EWHC 2696 (Admin) (23 September 2010)

Boswell v Secretary of State for Local Government & Anor [2010] EWHC 2696 (Admin) (23 September 2010)

The Inspector correctly identified and applied the relevant legal tests, considered both regional and local need, and his findings on unmet need and the weight to be given to the applicants' occupation were matters of fact not open to challenge on appeal. No arguable error of law was demonstrated in any of the grounds advanced.

Citation
[2010] EWHC 2696 (Admin)
Parties
Claimant: Boswell; 1st Defendant: Secretary of State for Local Government; 2nd Defendant: Chorley Borough Council; Interested Party: The Local Residents
Jurisdiction
England and Wales
Judgment Date
23 September 2010
Procedural Posture
Judicial Review / Statutory Appeal Under S.289 Town and Country Planning Act 1990 / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Green Belt Development, Gypsy and Traveller Sites, Enforcement Notices, Temporary Planning Permission, Statutory Appeals, Unmet Housing Need
Planning Law Administrative Law Human Rights Green Belt Development Gypsy and Traveller Sites Enforcement Notices Temporary Planning Permission Statutory Appeals +1 more

Case Brief

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Parties

Boswell

Claimant

Secretary of State for Local Government

1st Defendant

Chorley Borough Council

2nd Defendant

The Local Residents

Interested Party

Procedural Posture

Judicial Review / Statutory Appeal Under S.289 Town and Country Planning Act 1990 / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Inspector erred in law by focusing on local rather than regional unmet need for gypsy sites
  2. 2 Whether the Inspector's finding of no unmet need was irrational
  3. 3 Whether occupation of the site by the applicants should be afforded weight in demonstrating local need

Ratio Decidendi

The Inspector correctly identified and applied the relevant legal tests, considered both regional and local need, and his findings on unmet need and the weight to be given to the applicants' occupation were matters of fact not open to challenge on appeal. No arguable error of law was demonstrated in any of the grounds advanced.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused.