Holland & Anor, R (on the application of) v Secretary of State for Communities & Local Government & Anor

Holland & Anor, R (on the application of) v Secretary of State for Communities & Local Government & Anor

The Inspector properly considered each appeal individually, gave due regard to precedent and cumulative effects, correctly applied Circular 01/2006, and complied with statutory duties under the Race Relations Act and ECHR. None of the grounds of challenge were well founded.

Parties
Claimant: Tracey Holland; Claimant: Jim Smith; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Taunton Deane Borough Council
Jurisdiction
England and Wales
Judgment Date
19 June 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Planning Permission, Gypsy and Traveller Sites, Precedent Effect, Cumulative Impact, Temporary Permissions, Race Relations Act, Article 8 ECHR, Article 14 ECHR
Administrative Law Planning Law Human Rights Law Equality Law Planning Permission Gypsy and Traveller Sites Precedent Effect Cumulative Impact +4 more

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Parties

Tracey Holland

Claimant

Jim Smith

Claimant

Secretary of State for Communities and Local Government

First Defendant

Taunton Deane Borough Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Inspector failed to consider each application on its individual merits
  2. 2 Whether the Inspector erred in his consideration of precedent effect
  3. 3 Whether the Inspector misapplied Circular 01/2006 regarding temporary permissions

Ratio Decidendi

The Inspector properly considered each appeal individually, gave due regard to precedent and cumulative effects, correctly applied Circular 01/2006, and complied with statutory duties under the Race Relations Act and ECHR. None of the grounds of challenge were well founded.

Court Disposition

application dismissed

Orders

  • claimants to pay first defendant's costs, summarily assessed at £6,600