Reilly v Secretary of State for Communities and Local Government & Anor

Reilly v Secretary of State for Communities and Local Government & Anor

The Inspector was entitled to consider the risk of driver error in assessing highway safety and to attach significant weight to highway safety concerns. The decision was rational, supported by evidence, and within the scope of planning judgment. No error of law was established.

Parties
Claimant: Patrick Reilly; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Hinckley and Bosworth Borough Council
Jurisdiction
England and Wales
Judgment Date
15 July 2015
Procedural Posture
Judicial Review (section 288 TCPA 1990) / Judgment on Application to Quash Planning Decision
Outcome
Application dismissed
Legal Topics
Highway Safety, Planning Permission, Enforcement Notice, Gypsy and Traveller Sites, Judicial Review, Human Rights
Planning Law Administrative Law Human Rights Highway Safety Planning Permission Enforcement Notice Gypsy and Traveller Sites Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Patrick Reilly

Claimant

Secretary of State for Communities and Local Government

First Defendant

Hinckley and Bosworth Borough Council

Second Defendant

Procedural Posture

Judicial Review (section 288 TCPA 1990) / Judgment on Application to Quash Planning Decision

Legal Issues

  1. 1 Whether the Inspector erred in law in considering driver error in highway safety assessment
  2. 2 Whether the weight attached to highway safety was perverse or irrational

Ratio Decidendi

The Inspector was entitled to consider the risk of driver error in assessing highway safety and to attach significant weight to highway safety concerns. The decision was rational, supported by evidence, and within the scope of planning judgment. No error of law was established.

Court Disposition

Application dismissed

Orders

  • The application to quash the Inspector’s decision is dismissed.