Delaney v Secretary of State for Communities and Local Government & Anor

Delaney v Secretary of State for Communities and Local Government & Anor

The Inspector took into account the Council’s breach of statutory duty and its consequences, but the harm to the Green Belt outweighed the other material considerations, including unmet need and statutory breach. The Inspector’s approach was permissible and adequately explained; the appeal was dismissed.

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 / Judgment on Appeal From Queen’s Bench (administrative Court)
Outcome
Appeal dismissed
Legal Topics
Temporary Planning Permission, Green Belt Development, Accommodation Needs of Gypsies and Travellers, Statutory Duty Breach, Article 8 ECHR, Equality Act 2010
Planning Law Administrative Law Human Rights Temporary Planning Permission Green Belt Development Accommodation Needs of Gypsies and Travellers Statutory Duty Breach Article 8 ECHR +1 more

Case Brief

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 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Delaney

Appellant

Secretary of State for Communities and Local Government

First Respondent

Basildon Borough Council

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Council's failure to assess accommodation needs and prepare a strategy for gypsies and travellers was a material factor in granting temporary planning permission
  2. 2 Whether sufficient weight was placed on the absence of a strategy in light of Circular 1/2006 paragraphs 45 and 46
  3. 3 Whether Holman J’s conclusions regarding these matters were correct

Ratio Decidendi

The Inspector took into account the Council’s breach of statutory duty and its consequences, but the harm to the Green Belt outweighed the other material considerations, including unmet need and statutory breach. The Inspector’s approach was permissible and adequately explained; the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • No temporary planning permission granted
  • Inspector’s decision upheld