Boswell v Secretary of State for Local Government & Anor

Boswell v Secretary of State for Local Government & Anor

The Inspector correctly applied the legal test for green belt development, properly considered both regional and local needs, and rationally concluded there was no unmet need or special circumstances to justify planning permission. No arguable error of law was demonstrated.

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 / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Green Belt Development, Gypsy and Traveller Sites, Enforcement Notices, Temporary Planning Permission
Planning Law Administrative Law Green Belt Development Gypsy and Traveller Sites Enforcement Notices Temporary Planning Permission

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 / 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 findings on unmet need were irrational
  3. 3 Whether occupation of the site by applicants should be afforded weight in demonstrating local need

Ratio Decidendi

The Inspector correctly applied the legal test for green belt development, properly considered both regional and local needs, and rationally concluded there was no unmet need or special circumstances to justify planning permission. No arguable error of law was demonstrated.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal under section 289 of the Town and Country Planning Act 1990 is refused