Linfoot v Secretary of State for the Department for Communities and Local Government

Linfoot v Secretary of State for the Department for Communities and Local Government

The inspector failed to take into account the reasonable expectation that alternative sites would become available in the wider area within the period for which temporary planning permission was sought, and failed to give adequate reasons for his decision. This omission raised substantial doubt as to whether all relevant matters were considered, resulting in substantial prejudice to the claimant. The decision was therefore quashed.

Parties
Claimant: Michael Linfoot; First Defendant: Secretary of State for the Department for Communities and Local Government; Second Defendant: Chorley Borough Council
Jurisdiction
England and Wales
Judgment Date
10 December 2012
Procedural Posture
Statutory Challenge Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Statutory appeal allowed; inspector's decision quashed
Legal Topics
Statutory Challenge, Planning Permission, Temporary Planning Permission, Green Belt Policy, Gypsy and Traveller Sites, Adequacy of Reasons, Material Considerations
Administrative Law Planning Law Statutory Challenge Planning Permission Temporary Planning Permission Green Belt Policy Gypsy and Traveller Sites Adequacy of Reasons +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Linfoot

Claimant

Secretary of State for the Department for Communities and Local Government

First Defendant

Chorley Borough Council

Second Defendant

Procedural Posture

Statutory Challenge Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector failed to take into account a relevant consideration regarding the expectation of alternative sites becoming available in the wider area within the period for which temporary planning permission was sought
  2. 2 Whether the inspector gave adequate reasons for refusing temporary planning permission

Ratio Decidendi

The inspector failed to take into account the reasonable expectation that alternative sites would become available in the wider area within the period for which temporary planning permission was sought, and failed to give adequate reasons for his decision. This omission raised substantial doubt as to whether all relevant matters were considered, resulting in substantial prejudice to the claimant. The decision was therefore quashed.

Court Disposition

Statutory appeal allowed; inspector's decision quashed

Orders

  • The decision of the planning inspector dated 22 May 2012 is quashed