Doherty, R (on the application of) v First Secretary of State & Anor [2003] EWHC 2117 (Admin) (29 July 2003)

Doherty, R (on the application of) v First Secretary of State & Anor [2003] EWHC 2117 (Admin) (29 July 2003)

The Secretary of State was entitled, on the evidence, to conclude that the personal and educational needs of the appellant and his family did not amount to very special circumstances sufficient to outweigh the substantial planning objections to the use of the site, and that the possibility of alternative sites could not be ruled out given the appellant's limited search and the availability of educational support elsewhere.

Citation
[2003] EWHC 2117 (Admin)
Parties
Appellant: Anthony Doherty; First Respondent: First Secretary of State; Second Respondent: Hertsmere Borough Council
Jurisdiction
England and Wales
Judgment Date
29 July 2003
Procedural Posture
Judicial Review (planning Appeal) / Appeal Under Section 289 of the Town and Country Planning Act 1990
Outcome
appeal dismissed
Legal Topics
Enforcement Notice, Green Belt Policy, Gypsy and Traveller Accommodation, Educational Needs of Children, Temporary Planning Permission, Balancing Exercise of Personal Needs Vs Planning Policy
Administrative Law Planning Law Human Rights Enforcement Notice Green Belt Policy Gypsy and Traveller Accommodation Educational Needs of Children Temporary Planning Permission +1 more

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Parties

Anthony Doherty

Appellant

First Secretary of State

First Respondent

Hertsmere Borough Council

Second Respondent

Procedural Posture

Judicial Review (planning Appeal) / Appeal Under Section 289 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Secretary of State failed to give proper weight to the shortage of lawful gypsy sites in Hertfordshire and Hertsmere
  2. 2 Whether the Secretary of State erred in assessing the educational needs of the appellant's children and the availability of alternative sites

Ratio Decidendi

The Secretary of State was entitled, on the evidence, to conclude that the personal and educational needs of the appellant and his family did not amount to very special circumstances sufficient to outweigh the substantial planning objections to the use of the site, and that the possibility of alternative sites could not be ruled out given the appellant's limited search and the availability of educational support elsewhere.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed under section 289 of the Town and Country Planning Act 1990
  • Appellant to pay the costs of the first respondent, subject to the normal legal aid order (section 11 of the Access to Justice Act 1989)