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England and Wales decisions
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Moran, R (On the Application Of) v Medway Council [2026] EWCA Civ 484 (17 April 2026)
The Court of Appeal held that section 70C of the Town and Country Planning Act 1990 applied and Medway Council lawfully declined to determine the planning application.
Mole Valley District Council v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 2127 (Admin) (15 August 2025)
The High Court refused a planning challenge over a Green Belt traveller site, holding the inspector had correctly applied NPPF 2024, deliverability rules, and reasons requirements.
The Inspector's interpretation of NPPF 2024 and Green Belt policy was consistent with binding authority; deliverability was assessed on available evidence and not solely on planning permission; there was no legal obligation to consider the Examining Inspector's Report absent its presentation by the parties. All grounds for review and appeal are unarguable.
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The court declined to grant a final injunction against the main defendants (D3, D5, D6, D7, D8, D13, D14) and discharged the interim injunction, finding that the claimant failed to properly consider and re-evaluate the significant welfare needs and best interests of the children once on notice, and that there were no alternative sites available. The planning status was not final due to pending appeals, and the hardship to the families would be disproportionate. However, final injunctions in negative form were granted against D1, D2, D4, D9, D10, D11, and persons unknown, who played no active…
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Waverley Borough Council v Gray & Ors [2023] EWHC 2161 (KB) (25 August 2023)
The High Court refused Waverley Borough Council’s final injunction over Lydia Park, finding the council had not properly reassessed proportionality and children’s welfare.
London Borough of Barking and Dagenham & Ors v Persons Unknown & Ors [2021] EWHC 1201 (QB) (12 May 2021)
The High Court reviewed a cohort of Traveller Injunction claims, addressing service, jurisdiction, and whether final orders against persons unknown can bind newcomers.
The Court of Appeal upheld dismissal of planning challenges by Gypsy and Traveller appellants, finding the Secretary of State’s recovery and appeal decisions lawful.
The High Court quashed Flintshire County Council’s grant of temporary gypsy-site permission because the officer’s report failed to properly assess the best interests of children on the site.
Lee v Secretary of State for Communities and Local Government & Anor [2016] EWCA Civ 558 (17 June 2016)
The Court of Appeal dismissed a planning appeal about Green Belt gypsy accommodation, holding that the Secretary of State had adequately addressed Article 8 and the planning balance.
Court of Appeal upheld the refusal of temporary planning permission for a Gypsy family’s mobile home on Green Belt land, finding no error in the Article 8 balancing exercise.
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