Moss, R (on the application of) v First Secretary of State & Anor

Moss, R (on the application of) v First Secretary of State & Anor

The Inspector's decision was flawed because she failed to properly consider the possibility of granting planning permission to some individual applicants based on their personal circumstances, rather than treating the applications globally. This failure constituted a material error in the decision-making process.

Parties
Claimant: Sam Moss; First Defendant: First Secretary of State; Second Defendant: South Cambridge District Council
Jurisdiction
England and Wales
Judgment Date
03 November 2003
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment on Appeal From Planning Inspector's Decision
Outcome
Decision of the Planning Inspector quashed; matter remitted to the Secretary of State for redetermination.
Legal Topics
Planning Permission for Gypsy Caravan Sites, Interpretation of Local and National Planning Policy, Article 8 ECHR (right to Family Life), Article 2 First Protocol ECHR (right to Education), Costs in Judicial Review
Administrative Law Planning Law Human Rights Planning Permission for Gypsy Caravan Sites Interpretation of Local and National Planning Policy Article 8 ECHR (right to Family Life) Article 2 First Protocol ECHR (right to Education) Costs in Judicial Review

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Parties

Sam Moss

Claimant

First Secretary of State

First Defendant

South Cambridge District Council

Second Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment on Appeal From Planning Inspector's Decision

Legal Issues

  1. 1 Whether the Planning Inspector failed to consider individual personal circumstances of each applicant when refusing planning permission
  2. 2 Whether the Inspector failed to consider a condition limiting the number of caravans
  3. 3 Whether national need for gypsy sites was a material consideration

Ratio Decidendi

The Inspector's decision was flawed because she failed to properly consider the possibility of granting planning permission to some individual applicants based on their personal circumstances, rather than treating the applications globally. This failure constituted a material error in the decision-making process.

Court Disposition

Decision of the Planning Inspector quashed; matter remitted to the Secretary of State for redetermination.

Orders

  • Decision quashed under Section 288 Town and Country Planning Act 1990
  • Matter remitted to Secretary of State for redetermination