Smith, R (On the Application Of) v Secretary of State for Communities and Local Government & Anor [2012] EWHC 963 (Admin) (16 March 2012)

Smith, R (On the Application Of) v Secretary of State for Communities and Local Government & Anor [2012] EWHC 963 (Admin) (16 March 2012)

It was rational and lawful for the Secretary of State to give less weight to Circular 01/2006 pending its revocation, even though it remained in force. The reasons provided for the decision were legally adequate, as the principal issues and the basis for the decision were clear. Paragraph 71 of PPS3 does not apply to Gypsy and Traveller sites, which are governed by Circular 01/2006; even if it did, the outcome would be the same as the unmet need was already given significant weight.

Citation
[2012] EWHC 963 (Admin)
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 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Planning Permission for Gypsy and Traveller Sites, Weight to Be Given to Government Circulars and Policy Statements, Interpretation of Planning Policy Statement 3 (pps3), Green Belt Policy, Requirement to Give Reasons for Decisions
Administrative Law Planning Law Human Rights Planning Permission for Gypsy and Traveller Sites Weight to Be Given to Government Circulars and Policy Statements Interpretation of Planning Policy Statement 3 (pps3) Green Belt Policy Requirement to Give Reasons for Decisions

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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 / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State acted irrationally in giving less weight to Circular 01/2006 pending its revocation
  2. 2 Whether the Secretary of State provided legally adequate reasons for his decision
  3. 3 Whether the Secretary of State failed to properly consider or misunderstood the applicability of paragraph 71 of PPS3 Housing

Ratio Decidendi

It was rational and lawful for the Secretary of State to give less weight to Circular 01/2006 pending its revocation, even though it remained in force. The reasons provided for the decision were legally adequate, as the principal issues and the basis for the decision were clear. Paragraph 71 of PPS3 does not apply to Gypsy and Traveller sites, which are governed by Circular 01/2006; even if it did, the outcome would be the same as the unmet need was already given significant weight.

Court Disposition

Claim dismissed

Orders

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