Reilly v Secretary of State for Communities and Local Government & Anor [2015] EWHC 1957 (Admin) (15 July 2015)

Reilly v Secretary of State for Communities and Local Government & Anor [2015] EWHC 1957 (Admin) (15 July 2015)

The Inspector was entitled to consider the risk of driver error in assessing highway safety and to give highway safety the fullest possible weight; there was no error of law or irrationality in the decision to dismiss the appeal.

Source-derived case information.

Citation
[2015] EWHC 1957 (Admin)
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 Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review, Planning Permission, Enforcement Notice, Highway Safety, Human Rights, Gypsy and Traveller Sites
Planning Law Administrative Law Judicial Review Planning Permission Enforcement Notice Highway Safety Human Rights Gypsy and Traveller Sites

Source-derived case record

Summary, issues, holding and outcome

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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 Under Section 288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in dismissing the appeal against refusal of planning permission and enforcement notice on highway safety grounds
  2. 2 Whether the Inspector gave excessive weight to the risk of accidents caused by driver error

Ratio Decidendi

The Inspector was entitled to consider the risk of driver error in assessing highway safety and to give highway safety the fullest possible weight; there was no error of law or irrationality in the decision to dismiss the appeal.

Court Disposition

Application dismissed

Orders

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