Coyle v Secretary of State for Communities & Local Government & Anor

Coyle v Secretary of State for Communities & Local Government & Anor

The claim based on failure to consider alternative Green Belt sites is struck out as it was not raised before the Inspector and is not a material omission. The claim based on inadequate consideration of the educational needs of gypsy children is arguable and should proceed to a full hearing.

Parties
Claimant/respondent: COYLE; First Defendant/applicant: SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT; Second Defendant/applicant: BASILDON DISTRICT COUNCIL
Jurisdiction
England and Wales
Judgment Date
17 June 2008
Procedural Posture
Section 288 Planning Appeal / Application to Strike Out Claim Under CPR 3.4(2)(a)
Outcome
Application to strike out allowed in part; first ground struck out, second ground to proceed.
Legal Topics
Strike Out Applications, Planning Appeals, Green Belt, Education Rights of Gypsy Children
Administrative Law Planning Law Strike Out Applications Planning Appeals Green Belt Education Rights of Gypsy Children

Case Brief

Summary, issues, holding and outcome

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Parties

COYLE

Claimant/respondent

SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT

First Defendant/applicant

BASILDON DISTRICT COUNCIL

Second Defendant/applicant

Procedural Posture

Section 288 Planning Appeal / Application to Strike Out Claim Under CPR 3.4(2)(a)

Legal Issues

  1. 1 Whether the Planning Inspector failed to consider a material consideration regarding alternative Green Belt sites
  2. 2 Whether the Planning Inspector gave adequate consideration to the educational needs of the claimant's children

Ratio Decidendi

The claim based on failure to consider alternative Green Belt sites is struck out as it was not raised before the Inspector and is not a material omission. The claim based on inadequate consideration of the educational needs of gypsy children is arguable and should proceed to a full hearing.

Court Disposition

Application to strike out allowed in part; first ground struck out, second ground to proceed.

Orders

  • First ground of claim struck out
  • Second ground of claim (educational needs) to proceed to full hearing