Stanley v Secretary of State for Communities & Local Government & Ors [2009] EWHC 404 (Admin) (04 March 2009)

Stanley v Secretary of State for Communities & Local Government & Ors [2009] EWHC 404 (Admin) (04 March 2009)

The inspector was not obliged to grant or further consider temporary planning permission because there was no reasonable expectation that new sites would become available within any ascertainable period. The inspector's conclusions on harm to the AONB, compliance with planning policy, and the balancing of personal circumstances were matters of planning judgment and adequately reasoned.

Citation
[2009] EWHC 404 (Admin)
Parties
Claimant: Lushey Stanley; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Rother District Council
Jurisdiction
England and Wales
Judgment Date
04 March 2009
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application dismissed
Legal Topics
Temporary Planning Permission, Gypsy and Traveller Site Provision, Area of Outstanding Natural Beauty (aonb), Article 8 ECHR, Development Plan Documents (dpd), Planning Policy Compliance
Administrative Law Planning Law Human Rights Temporary Planning Permission Gypsy and Traveller Site Provision Area of Outstanding Natural Beauty (aonb) Article 8 ECHR Development Plan Documents (dpd) +1 more

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Parties

Lushey Stanley

Claimant

Secretary of State for Communities and Local Government

First Defendant

Rother District Council

Second Defendant

Procedural Posture

Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector erred in refusing temporary planning permission for a gypsy site in an AONB
  2. 2 Whether the inspector failed to consider a longer period for temporary permission
  3. 3 Whether the inspector failed to consider the risk of homelessness and educational disruption for the claimant's family

Ratio Decidendi

The inspector was not obliged to grant or further consider temporary planning permission because there was no reasonable expectation that new sites would become available within any ascertainable period. The inspector's conclusions on harm to the AONB, compliance with planning policy, and the balancing of personal circumstances were matters of planning judgment and adequately reasoned.

Court Disposition

Application dismissed