Ward v Secretary of State for Levelling Up, Housing and Communities & Anor [2022] EWHC 2932 (Admin) (18 November 2022)

Ward v Secretary of State for Levelling Up, Housing and Communities & Anor [2022] EWHC 2932 (Admin) (18 November 2022)

The planning inspector's decision was a properly reasoned exercise of planning judgment, taking into account all relevant considerations including the public sector equality duty, the lack of available sites, and the best interests of the children. The decision was not irrational and did not disclose any error of law.

Source-derived case information.

Citation
[2022] EWHC 2932 (Admin)
Parties
Claimant: Winifred Helen Ward; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Basildon District Council
Jurisdiction
England and Wales
Judgment Date
18 November 2022
Procedural Posture
Planning Statutory Review (judicial Review) / Renewed Oral Application for Permission
Outcome
Permission to apply for judicial review refused
Legal Topics
Judicial Review, Planning Permission, Green Belt Policy, Public Sector Equality Duty, Human Rights Act, Temporary Planning Permission
Administrative Law Planning Law Human Rights Law Equality Law Judicial Review Planning Permission Green Belt Policy Public Sector Equality Duty +2 more

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Summary, issues, holding and outcome

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Parties

Winifred Helen Ward

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

Basildon District Council

Second Defendant

Procedural Posture

Planning Statutory Review (judicial Review) / Renewed Oral Application for Permission

Legal Issues

  1. 1 Whether the planning inspector's refusal of temporary planning permission was irrational
  2. 2 Whether the inspector failed to properly apply the Public Sector Equality Duty (PSED)
  3. 3 Whether the inspector gave adequate weight to the lack of available sites and the best interests of the children

Ratio Decidendi

The planning inspector's decision was a properly reasoned exercise of planning judgment, taking into account all relevant considerations including the public sector equality duty, the lack of available sites, and the best interests of the children. The decision was not irrational and did not disclose any error of law.

Court Disposition

Permission to apply for judicial review refused

Orders

  • Permission to apply for judicial review of the planning inspector's decision is refused