Green, R (on the application of) v First Secretary of State & Ors [2005] EWHC 691 (Admin) (13 April 2005)

Green, R (on the application of) v First Secretary of State & Ors [2005] EWHC 691 (Admin) (13 April 2005)

The inspector failed to address a material consideration, namely whether all structures on the site met the statutory definition of 'caravan', which was relevant to both the grant of planning permission and the assessment of gypsy status. This omission rendered the decision unlawful and required it to be quashed.

Citation
[2005] EWHC 691 (Admin)
Parties
Claimant: Roger Michael Green on behalf of the Friends of Fordwich and District; First Defendant: The First Secretary of State; Second Defendant: Canterbury City Council; Third Defendant: Mr Shane Jones; Fourth Defendant: Mrs Bridget Jones
Jurisdiction
England and Wales
Judgment Date
13 April 2005
Procedural Posture
Judicial Review / Statutory Planning Appeal / High Court Judgment on Appeal From Planning Inspector's Decision
Outcome
Appeal allowed; inspector's decision quashed; costs awarded to claimant; permission to appeal granted to defendants.
Legal Topics
Gypsy Status in Planning Law, Definition of Caravan Under Planning Legislation, Material Considerations in Planning Decisions, Development Plan Policies, Article 8 ECHR
Administrative Law Planning Law Human Rights Gypsy Status in Planning Law Definition of Caravan Under Planning Legislation Material Considerations in Planning Decisions Development Plan Policies Article 8 ECHR

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Parties

Roger Michael Green on behalf of the Friends of Fordwich and District

Claimant

The First Secretary of State

First Defendant

Canterbury City Council

Second Defendant

Mr Shane Jones

Third Defendant

Mrs Bridget Jones

Fourth Defendant

Procedural Posture

Judicial Review / Statutory Planning Appeal / High Court Judgment on Appeal From Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector erred in law by failing to address whether all structures on site met the statutory definition of 'caravan'
  2. 2 Whether the inspector properly considered the gypsy status of the third defendant and his family
  3. 3 Whether the inspector failed to take into account material considerations or gave inadequate reasons

Ratio Decidendi

The inspector failed to address a material consideration, namely whether all structures on the site met the statutory definition of 'caravan', which was relevant to both the grant of planning permission and the assessment of gypsy status. This omission rendered the decision unlawful and required it to be quashed.

Court Disposition

Appeal allowed; inspector's decision quashed; costs awarded to claimant; permission to appeal granted to defendants.

Orders

  • Inspector's decision quashed
  • First defendant to pay claimant's costs, assessed at £12,000