Whitcher v Secretary of State for Communities and Local Government & Anor [2015] EWHC 3001 (Admin) (28 October 2015)

Whitcher v Secretary of State for Communities and Local Government & Anor [2015] EWHC 3001 (Admin) (28 October 2015)

The Inspector lawfully interpreted and applied policy CP13, properly assessed the claimant's evidence and circumstances, gave adequate reasons, and lawfully considered Article 8 and equality duties. No error of law was established in the decision to dismiss the planning appeal or refuse temporary permission.

Citation
[2015] EWHC 3001 (Admin)
Parties
Claimant: Robert Whitcher; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: New Forest National Park Authority
Jurisdiction
England and Wales
Judgment Date
28 October 2015
Procedural Posture
Judicial Review (planning) / High Court Judgment on S.288 Town and Country Planning Act 1990 Challenge
Outcome
Claim dismissed
Legal Topics
Interpretation of Planning Policy, Gypsy and Traveller Site Provision, Article 8 ECHR Rights, Public Sector Equality Duty, Temporary Planning Permission, Weight of Planning Considerations
Planning Law Administrative Law Human Rights Law Equality Law Interpretation of Planning Policy Gypsy and Traveller Site Provision Article 8 ECHR Rights Public Sector Equality Duty +2 more

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Parties

Robert Whitcher

Claimant

Secretary of State for Communities and Local Government

First Defendant

New Forest National Park Authority

Second Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment on S.288 Town and Country Planning Act 1990 Challenge

Legal Issues

  1. 1 Whether the Inspector misinterpreted or misapplied policy CP13 regarding need for a Gypsy site within the National Park
  2. 2 Whether the Inspector lawfully assessed the claimant's Article 8 and Equality Act rights
  3. 3 Whether the Inspector erred in refusing temporary planning permission in light of unmet site supply

Ratio Decidendi

The Inspector lawfully interpreted and applied policy CP13, properly assessed the claimant's evidence and circumstances, gave adequate reasons, and lawfully considered Article 8 and equality duties. No error of law was established in the decision to dismiss the planning appeal or refuse temporary permission.

Court Disposition

Claim dismissed

Orders

  • Application under section 288 Town and Country Planning Act 1990 dismissed
  • No error of law found in Inspector's decision