Jones, R (on the application of) v Sedgemoor District Council [2003] EWHC 3007 (Admin) (28 November 2003)

Jones, R (on the application of) v Sedgemoor District Council [2003] EWHC 3007 (Admin) (28 November 2003)

The Inspector did not err in law; he considered both general and personal need for gypsy sites, assessed material considerations cumulatively, properly addressed the possibility of temporary permission, correctly applied national and local planning policy, and exercised reasonable judgment regarding educational needs. No ground for quashing the decision was made out.

Citation
[2003] EWHC 3007 (Admin)
Parties
Claimant: Lorraine Jones; 1st Defendant: First Secretary of State; 2nd Defendant: Sedgemoor District Council
Jurisdiction
England and Wales
Judgment Date
28 November 2003
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application dismissed
Legal Topics
Planning Permission, Gypsy and Traveller Sites, Special Landscape Protection, Temporary Planning Permission, Article 8 ECHR, Costs Assessment
Administrative Law Planning Law Human Rights Planning Permission Gypsy and Traveller Sites Special Landscape Protection Temporary Planning Permission Article 8 ECHR +1 more

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Parties

Lorraine Jones

Claimant

First Secretary of State

1st Defendant

Sedgemoor District Council

2nd Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector failed to consider the general unmet need for gypsy sites
  2. 2 Whether the Inspector failed to consider material considerations cumulatively
  3. 3 Whether the Inspector failed to consider properly the grant of temporary planning permission

Ratio Decidendi

The Inspector did not err in law; he considered both general and personal need for gypsy sites, assessed material considerations cumulatively, properly addressed the possibility of temporary permission, correctly applied national and local planning policy, and exercised reasonable judgment regarding educational needs. No ground for quashing the decision was made out.

Court Disposition

Application dismissed

Orders

  • Application to quash Inspector's decision dismissed
  • Applicant to pay assessed costs of First Secretary of State, liability postponed under section 11 of the Access to Justice Act 1999