Linfoot v Secretary of State for the Department for Communities and Local Government [2012] EWHC 3514 (Admin) (10 December 2012)

Linfoot v Secretary of State for the Department for Communities and Local Government [2012] EWHC 3514 (Admin) (10 December 2012)

The inspector failed to take into account the reasonable expectation that alternative sites might become available in the wider area within the period for which temporary planning permission was sought, and failed to give adequate reasons addressing this issue. This omission raised substantial doubt as to whether the decision was based on all relevant grounds, resulting in substantial prejudice to the claimant. The decision was therefore unlawful and must be quashed.

Citation
[2012] EWHC 3514 (Admin)
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 Appeal Under Section 288 Town and Country Planning Act 1990 / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Claim allowed; decision quashed
Legal Topics
Statutory Challenge to Planning Decision, Adequacy of Reasons, Temporary Planning Permission, Green Belt Policy, Traveller Site Provision
Administrative Law Planning Law Statutory Challenge to Planning Decision Adequacy of Reasons Temporary Planning Permission Green Belt Policy Traveller Site Provision

Case Brief

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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 Appeal Under Section 288 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 likelihood 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 might become available in the wider area within the period for which temporary planning permission was sought, and failed to give adequate reasons addressing this issue. This omission raised substantial doubt as to whether the decision was based on all relevant grounds, resulting in substantial prejudice to the claimant. The decision was therefore unlawful and must be quashed.

Court Disposition

Claim allowed; decision quashed

Orders

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