Smarden Parish Council v Secretary of State for Communities & Local Government & Anor [2010] EWHC 701 (Admin) (30 March 2010)

Smarden Parish Council v Secretary of State for Communities & Local Government & Anor [2010] EWHC 701 (Admin) (30 March 2010)

The Inspector did not err in law in granting planning permission for use as 'winter quarters' with flexibility for year-round occupation by family members, did not fail to consider relevant development plan policies as the substance was addressed through CS1, properly balanced the weight of Special Landscape Area...

Source-derived case information.

Citation
[2010] EWHC 701 (Admin)
Parties
Claimant: Smarden Parish Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: John Lawson's Circus
Jurisdiction
England and Wales
Judgment Date
30 March 2010
Procedural Posture
Judicial Review Under S.288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Town and Country Planning, Development Plan, Special Landscape Area, Travelling Showpeople, Alternative Sites, Article 8 ECHR
Administrative Law Planning Law Human Rights Town and Country Planning Development Plan Special Landscape Area Travelling Showpeople Alternative Sites +1 more

Source-derived case record

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 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Smarden Parish Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

John Lawson's Circus

Second Defendant

Procedural Posture

Judicial Review Under S.288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in granting planning permission for use beyond 'winter quarters'
  2. 2 Whether the Inspector failed to consider relevant development plan policies
  3. 3 Whether the Inspector misapplied the weight to be given to Special Landscape Area designation

Ratio Decidendi

The Inspector did not err in law in granting planning permission for use as 'winter quarters' with flexibility for year-round occupation by family members, did not fail to consider relevant development plan policies as the substance was addressed through CS1, properly balanced the weight of Special Landscape Area designation against Circular 04/2007 as a material consideration, and lawfully assessed the availability of alternative sites based on the evidence and previous findings. No breach of natural justice or error of law was established.

Court Disposition

Claim dismissed

Orders

  • Application under s.288 Town and Country Planning Act 1990 refused
  • Planning permission as granted by the Inspector stands