Smith, R (On the Application Of) v Secretary of State for Communities and Local Government & Anor

Smith, R (On the Application Of) v Secretary of State for Communities and Local Government & Anor

It is rational and lawful for the Secretary of State to give less weight to Circular 01/2006 on the basis of an announced intention to revoke it, even before formal revocation. The reasons given for the decision were legally adequate, and paragraph 71 of PPS3 does not apply to Gypsy and Traveller site provision, which is governed by Circular 01/2006. Even if PPS3 applied, it would not alter the outcome.

Parties
Claimant: Julie Smith; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Doncaster Borough Council
Jurisdiction
England and Wales
Judgment Date
16 March 2012
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Planning Permission, Gypsy and Traveller Sites, Policy Weighting, Judicial Review, Reasons for Decisions
Administrative Law Planning Law Planning Permission Gypsy and Traveller Sites Policy Weighting Judicial Review Reasons for Decisions

Case Brief

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Parties

Julie Smith

Claimant

Secretary of State for Communities and Local Government

First Defendant

Doncaster Borough Council

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Secretary of State acted irrationally in giving less weight to Circular 01/2006 when it had not been revoked
  2. 2 Whether the Secretary of State provided legally adequate reasons for his decision
  3. 3 Whether the Secretary of State failed to consider or misunderstood the applicability of paragraph 71 of Planning Policy Statement 3 (PPS3) Housing

Ratio Decidendi

It is rational and lawful for the Secretary of State to give less weight to Circular 01/2006 on the basis of an announced intention to revoke it, even before formal revocation. The reasons given for the decision were legally adequate, and paragraph 71 of PPS3 does not apply to Gypsy and Traveller site provision, which is governed by Circular 01/2006. Even if PPS3 applied, it would not alter the outcome.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Claimant to pay the First Defendant's costs in the sum of £6,677