Brazil, R (on the application of) v Secretary of State for Communities & Local Government & Anor

The Inspector was not required to consider or raise the possibility of granting planning permission for fewer than six pitches when no such application or proposal was made by the applicants; the appeal must be determined on the application as presented.

Parties: Claimant: William Brazil and others; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Tewkesbury Borough Council
Jurisdiction: England and Wales
Judgment Date: 09 February 2009
Procedural Posture: Judicial Review / Appeal From Inspector's Decision
Outcome: Appeal dismissed
Legal Topics: Planning Permission for Gypsy/traveller Sites, Article 8 ECHR (family Life), Procedural Fairness in Planning Appeals

Planning Law Human Rights Planning Permission for Gypsy/traveller Sites Article 8 ECHR (family Life) Procedural Fairness in Planning Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

William Brazil and others

Claimant

Secretary of State for Communities and Local Government

First Defendant

Tewkesbury Borough Council

Second Defendant

Procedural Posture

Judicial Review / Appeal From Inspector's Decision

Legal Issues

1 Whether the Inspector erred in failing to consider granting planning permission for fewer than six pitches
2 Whether the Inspector was obliged to raise alternative proposals not advanced by the parties

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Taxation of the appellant's costs, not to be enforced without leave of the court
Detailed assessment of costs granted