Smarden Parish Council v Secretary of State for Communities & Local Government & Anor

Smarden Parish Council v Secretary of State for Communities & Local Government & Anor

The Inspector did not err in law; he granted permission for winter quarters as commonly understood, considered relevant planning policies, properly balanced material considerations including need and lack of alternative sites, and exercised planning judgment within his expertise. No breach of natural justice or error of law occurred.

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 (planning Appeal) / Final Judgment
Outcome
Application dismissed
Legal Topics
Town and Country Planning, Travelling Showpeople, Development Plan, Alternative Sites, Special Landscape Area, Article 8 ECHR
Administrative Law Planning Law Human Rights Town and Country Planning Travelling Showpeople Development Plan Alternative Sites Special Landscape Area +1 more

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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 (planning Appeal) / Final Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law by granting permission for year-round occupation instead of winter quarters only
  2. 2 Whether the Inspector failed to consider relevant development plan policies
  3. 3 Whether the Inspector gave proper weight to Special Landscape Area designation

Ratio Decidendi

The Inspector did not err in law; he granted permission for winter quarters as commonly understood, considered relevant planning policies, properly balanced material considerations including need and lack of alternative sites, and exercised planning judgment within his expertise. No breach of natural justice or error of law occurred.

Court Disposition

Application dismissed

Orders

  • Application under s.288 Town and Country Planning Act 1990 dismissed