Smith & Anor v The First Secretary of State & Anor

Smith & Anor v The First Secretary of State & Anor

The judge below was correct in rejecting all grounds of challenge to the inspector's decision for the reasons given; no legal error was established in the inspector's reasoning.

Parties
Claimant/appellant: N Smith (aka John Arthur and Lennie Smith); Defendant/respondent: The First Secretary of State; Defendant/respondent: Mid Bedfordshire District Council
Jurisdiction
England and Wales
Judgment Date
15 March 2005
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission application adjourned to a court of three; appeal to follow if permission is granted.
Legal Topics
Planning Permission, Gypsy Caravan Sites, Judicial Review
Administrative Law Planning Law Planning Permission Gypsy Caravan Sites Judicial Review

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Parties

N Smith (aka John Arthur and Lennie Smith)

Claimant/appellant

The First Secretary of State

Defendant/respondent

Mid Bedfordshire District Council

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the planning inspector erred in law by considering proximity to other authorised sites as a relevant factor
  2. 2 Whether the inspector erred in law by concluding there was a trend of caravans moving from authorised to unauthorised sites
  3. 3 Whether planning policy can properly aim to contain gypsies on local authority sites

Ratio Decidendi

The judge below was correct in rejecting all grounds of challenge to the inspector's decision for the reasons given; no legal error was established in the inspector's reasoning.

Court Disposition

Permission application adjourned to a court of three; appeal to follow if permission is granted.

Orders

  • Permission application adjourned to a court of three.
  • Appeal to follow if permission is granted.