Jones, R (on the application of) v Sedgemoor District Council

Jones, R (on the application of) v Sedgemoor District Council

The Inspector did not err in law; he considered both general and personal needs, assessed material considerations cumulatively, properly addressed temporary planning permission, correctly applied national and local planning policies, and made a quality judgment regarding educational needs. The application to quash the decision is dismissed.

Parties
Claimant: Lorraine Jones; First Defendant: First Secretary of State; Second Defendant: Sedgemoor District Council
Jurisdiction
England and Wales
Judgment Date
28 November 2003
Procedural Posture
Judicial Review / Judgment
Outcome
application dismissed
Legal Topics
Planning Permission, Gypsy Sites, Temporary Planning Permission, Article 8 ECHR, Local and National Planning Policy
Administrative Law Planning Law Human Rights Planning Permission Gypsy Sites Temporary Planning Permission Article 8 ECHR Local and National Planning Policy

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Parties

Lorraine Jones

Claimant

First Secretary of State

First Defendant

Sedgemoor District Council

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Inspector failed to consider the general unmet need for gypsy sites
  2. 2 Whether material considerations in favour of planning permission were considered cumulatively
  3. 3 Whether the Inspector properly considered granting temporary planning permission

Ratio Decidendi

The Inspector did not err in law; he considered both general and personal needs, assessed material considerations cumulatively, properly addressed temporary planning permission, correctly applied national and local planning policies, and made a quality judgment regarding educational needs. The application to quash the decision is dismissed.

Court Disposition

application dismissed

Orders

  • Applicant pays assessed costs of First Secretary of State, liability postponed pursuant to section 11 of the Access to Justice Act 1999.
  • Detailed assessment of applicant's publicly funded costs.