South Staffordshire District Council, R (on the application of) v Secretary of State for Communities & Local Government & Anor

South Staffordshire District Council, R (on the application of) v Secretary of State for Communities & Local Government & Anor

The inspector did not err in law or misapply the relevant planning guidance. There was no evidence before the inspector of alternative sites becoming available within a reasonable period, and the inspector's reasons were adequate and addressed the main issues. The application to quash the inspector's decision is dismissed.

Parties
Claimant: South Staffordshire District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Patrick Dunne
Jurisdiction
England and Wales
Judgment Date
08 December 2008
Procedural Posture
Judicial Review / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application dismissed
Legal Topics
Planning Permission for Gypsy and Traveller Sites, Green Belt Development, Temporary Planning Permission, Article 8 ECHR, Statutory Interpretation of Planning Guidance
Administrative Law Planning Law Human Rights Law Planning Permission for Gypsy and Traveller Sites Green Belt Development Temporary Planning Permission Article 8 ECHR Statutory Interpretation of Planning Guidance

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Parties

South Staffordshire District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Patrick Dunne

Second Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector misapplied or misdirected herself regarding the requirement to consider temporary planning permission under paragraph 45 of Circular 01/2006
  2. 2 Whether the inspector's reasons were adequate and intelligible as required by law
  3. 3 Whether the inspector failed to consider the availability of alternative sites in the relevant geographical area

Ratio Decidendi

The inspector did not err in law or misapply the relevant planning guidance. There was no evidence before the inspector of alternative sites becoming available within a reasonable period, and the inspector's reasons were adequate and addressed the main issues. The application to quash the inspector's decision is dismissed.

Court Disposition

Application dismissed

Orders

  • Application to quash inspector's decision refused
  • Claimant to pay the Secretary of State's costs assessed at £8,500