England and Wales Case Law

Tandridge District Council v John Brien & Ors

The court found compelling evidence of flagrant breaches of planning control causing significant harm to the Green Belt, with insufficient evidence from Defendants regarding hardship or alternative accommodation. The planning application was invalid and did not reflect actual site conditions. The Council had adequately considered welfare and equality duties. Injunctive relief was necessary and proportionate to prevent ongoing harm, and the terms of the injunction were clear, tailored, and justified both for named Defendants and Persons Unknown.

Source excerpt

• Injunctions
• Green belt protection
• Gypsy and traveller sites
• Article 8 echr
• Persons unknown
• Public sector equality duty

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Smith & Anor v Secretary of State for Levelling Up, Housing and Communities & Anor

Smith & Anor v Secretary of State for Levelling Up, Housing and Communities & Anor [2025] EWHC 888 (Admin) (10 April 2025)

The High Court refused renewed permission on planning-law grounds about flood risk, temporary permission, and the sequential and exception tests for a Gypsy Traveller site.

• Statutory review
• Planning permission
• Gypsy and traveller sites
• Flood risk assessment
• Sequential test
• Exception test

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Moran, R (On the Application Of) v Medway Council

Moran, R (On the Application Of) v Medway Council [2025] EWHC 350 (Admin) (20 February 2025)

Judicial review of Medway Council’s use of section 70C to decline a planning application failed. The court held the power was lawfully exercised and no mandatory factors were omitted.

• Section 70c town and country planning act 1990
• Enforcement notices
• Retrospective planning applications
• Discretion of local planning authority
• Gypsy and traveller sites
• Statutory purpose

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Patrick Moran, R (on the application of) v Medway Council

The High Court upheld Medway Council’s decision to decline to determine a planning application under section 70C, finding the statutory purpose was respected and no mandatory considerations were omitted.

• Section 70c town and country planning act 1990
• Enforcement notices
• Planning permission
• Gypsy and traveller sites
• Statutory purpose
• Mandatory considerations

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McGinley v Secretary of State for Levelling Up, Housing and Communities & Anor (Re ss.288 and 289 Town and Country Planning Act 1990)

McGinley v Secretary of State for Levelling Up, Housing and Communities & Anor (Re ss.288 and 289 Town and Country Planning Act 1990) [2023] EWHC 3333 (Admin) (22 December 2023)

The High Court granted permission to challenge a planning inspector’s decision on Gypsy and Traveller pitches, finding arguable errors over five-year supply and reasons.

• Statutory review
• Green belt policy
• Gypsy and traveller sites
• Five-year supply of deliverable sites
• Planning enforcement
• Adequacy of reasons

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Buckinghamshire Council v Ward & Ors

Buckinghamshire Council v Ward & Ors [2021] EWHC 1180 (QB) (06 May 2021)

The High Court granted Buckinghamshire Council an ex parte interim injunction to stop further unauthorised development and occupation of land by named defendants and persons unknown.

• Interim injunctions
• Town and country planning act 1990
• Alternative service
• Open justice
• Gypsy and traveller sites
• Interim-injunctions

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XY, R (on the application of) v Maidstone Borough Council & Anor

The High Court quashed Maidstone Borough Council’s grant of planning permission because the committee was significantly misled about nearby gypsy site statuses.

• Judicial review
• Planning permission
• Material considerations
• Environmental impact assessment
• Gypsy and traveller sites
• Planning-permission

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Durant & Anor v Secretary of State for Communities and Local Government & Anor

Durant & Anor v Secretary of State for Communities and Local Government & Anor [2016] EWHC 321 (Admin) (19 February 2016)

The High Court rejected a planning challenge over a gypsy caravan site in the Green Belt, finding no procedural unfairness, no Article 8 error, and adequate reasons.

• Green belt development
• Gypsy and traveller sites
• Procedural fairness
• Article 8 echr
• Article 6 echr
• Statutory planning appeals

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Allen v Secretary of State for Communities and Local Government & Anor

Allen v Secretary of State for Communities and Local Government & Anor [2015] EWHC 2463 (Admin) (19 August 2015)

High Court judicial review over refusal of temporary permission for a gypsy and traveller site. The decision was quashed for inadequate reasons on Meadow Lane's suitability.

• Gypsy and traveller sites
• Temporary planning permission
• Development plan policies
• Article 8 echr
• Equality act 2010
• Best interests of children

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Allen v Secretary of State for Communities and Local Government & Anor

The High Court quashed the Secretary of State’s decision refusing gypsy and traveller site permission, holding that the reasons failed to grapple with Meadow Lane evidence.

• Planning permission
• Gypsy and traveller sites
• Development plan
• Article 8 echr
• Best interests of children
• Bias

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