Green, R (on the application of) v First Secretary of State & Ors

Green, R (on the application of) v First Secretary of State & Ors

The inspector failed to address whether all structures on site met the statutory definition of caravans, a material consideration affecting gypsy status and the validity of planning permission. This omission rendered the decision unlawful and required it to be quashed.

Parties
Claimant: Roger Michael Green on behalf of the Friends of Fordwich and District; First Defendant: First Secretary of State; Second Defendant: Canterbury City Council; Third Defendant: Mr Shane Jones; Fourth Defendant: Mrs Bridget Jones
Jurisdiction
England and Wales
Judgment Date
13 April 2005
Procedural Posture
Judicial Review / Judgment
Outcome
Appeal allowed; inspector's decision quashed.
Legal Topics
Gypsy Status, Definition of Caravan, Material Considerations, Planning Permission, Development Plan Policies, Human Rights
Planning Law Administrative Law Gypsy Status Definition of Caravan Material Considerations Planning Permission Development Plan Policies Human Rights

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Parties

Roger Michael Green on behalf of the Friends of Fordwich and District

Claimant

First Secretary of State

First Defendant

Canterbury City Council

Second Defendant

Mr Shane Jones

Third Defendant

Mrs Bridget Jones

Fourth Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the inspector erred in law by failing to address the definition and nature of the structures on site as caravans under the statutory definition
  2. 2 Whether the inspector properly considered the gypsy status of the third defendant and his family
  3. 3 Whether material considerations were omitted in the planning decision

Ratio Decidendi

The inspector failed to address whether all structures on site met the statutory definition of caravans, a material consideration affecting gypsy status and the validity of planning permission. This omission rendered the decision unlawful and required it to be quashed.

Court Disposition

Appeal allowed; inspector's decision quashed.

Orders

  • Inspector's decision quashed.
  • Claimant's costs assessed at £12,000 to be paid by the First Secretary of State.