Delaney v Secretary of State for Communities and Local Government & Anor [2013] EWCA Civ 585 (23 May 2013)

Delaney v Secretary of State for Communities and Local Government & Anor [2013] EWCA Civ 585 (23 May 2013)

The Inspector took into account the Council's breach of statutory duty and its consequences, but was entitled to conclude that the harm to the Green Belt was not outweighed by other considerations, including the unmet need for gypsy and traveller sites. The Inspector's approach and reasoning were legally adequate and permissible.

Citation
[2013] EWCA Civ 585
Parties
Appellant: Delaney; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Basildon Borough Council
Jurisdiction
England and Wales
Judgment Date
23 May 2013
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Queen's Bench (administrative Court)
Outcome
Appeal dismissed
Legal Topics
Temporary Planning Permission, Green Belt Development, Gypsy and Traveller Site Provision, Statutory Duties of Local Authorities, Article 8 ECHR, Equality Act 2010
Administrative Law Planning Law Human Rights Temporary Planning Permission Green Belt Development Gypsy and Traveller Site Provision Statutory Duties of Local Authorities Article 8 ECHR +1 more

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Parties

Delaney

Appellant

Secretary of State for Communities and Local Government

First Respondent

Basildon Borough Council

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Queen's Bench (administrative Court)

Legal Issues

  1. 1 Whether the Council's failure to assess and strategise for gypsy and traveller accommodation needs was a material factor in considering temporary planning permission
  2. 2 Whether the Inspector and Holman J gave sufficient weight to the Council's breach of statutory duty
  3. 3 Whether the Inspector's reasoning on temporary permission was legally adequate

Ratio Decidendi

The Inspector took into account the Council's breach of statutory duty and its consequences, but was entitled to conclude that the harm to the Green Belt was not outweighed by other considerations, including the unmet need for gypsy and traveller sites. The Inspector's approach and reasoning were legally adequate and permissible.

Court Disposition

Appeal dismissed