Williams, R (on the application of) v First Secretary Of State & Anor

Williams, R (on the application of) v First Secretary Of State & Anor

The Inspector did not err in law in his assessment of the claimant's educational and health needs or in his treatment of Policy 37. He was entitled to conclude that the benefits to the claimant's family did not amount to very special circumstances sufficient to outweigh the harm to the Green Belt and local amenities, and that refusal of permission did not violate Article 8 ECHR.

Parties
Claimant: Tracey Williams; Defendant: First Secretary of State; Defendant: South Gloucestershire Council
Jurisdiction
England and Wales
Judgment Date
11 March 2004
Procedural Posture
Judicial Review / Judgment
Outcome
Application refused
Legal Topics
Green Belt Development, Gypsy and Traveller Sites, Planning Permission, Article 8 ECHR, Development Plan Policies
Planning Law Administrative Law Human Rights Green Belt Development Gypsy and Traveller Sites Planning Permission Article 8 ECHR Development Plan Policies

Case Brief

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Parties

Tracey Williams

Claimant

First Secretary of State

Defendant

South Gloucestershire Council

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in dismissing the claimant's appeal against refusal of planning permission for a gypsy caravan site in the Green Belt
  2. 2 Whether the Inspector failed to properly consider the impact of an itinerant lifestyle on the claimant's children's education and family's health
  3. 3 Whether the Inspector wrongly relied on Policy 37 of the Structure Plan, which was subsequently quashed

Ratio Decidendi

The Inspector did not err in law in his assessment of the claimant's educational and health needs or in his treatment of Policy 37. He was entitled to conclude that the benefits to the claimant's family did not amount to very special circumstances sufficient to outweigh the harm to the Green Belt and local amenities, and that refusal of permission did not violate Article 8 ECHR.

Court Disposition

Application refused

Orders

  • Application to quash the Inspector's decision is refused
  • Community Legal Services taxation granted subject to filing certificate within seven days