Wychavon District Council v Secretary of State for Communities and Local Government and Others [electronic resource]
Wychavon District Council v Secretary of State for Communities and Local Government and Others [electronic resource]
- 2008
[2008] EWCA Civ 692, 23 June 2008. Appellants (B) appealed against decision quashing decision of a planning inspector granting temporary planning permission for the continued stationing of a mobile home and touring caravan on a site in the green belt. B also used the land for equestrian purposes, a change of use that planning permission had been obtained for; although it was not clear whether B's business met the change of use definitions. Inspector had held that a temporary permission would allow for time to find an alternative site and that there were mitigating factors to allow such a permission. A judge had later quashed this decision. Held: The word 'special' in PPG2 should be used with qualitative, not quantitative judgements and the special legal position of gipsies, coupled with the prospect of a gipsy family losing their home with no prospect of immediate replacement were significant enough factors to outweigh the importance of the green belt policies.
WYCHAVON DISTRICT COUNCIL V SOS COMMUNITIES AND LOCAL GOVERNMENT & ORS
PLANNING POLICY GUIDANCE NOTE 2 (GREEN BELTS)
CIRCULAR 11/95 (THE USE OF CONDITIONS IN PLANNING PERMISSION)
CIRCULAR 1/94 (GIPSY SITES AND PLANNING)
CIRCULAR 01/06 (COMMUNITIES AND LOCAL GOVERNMENT) GUIDANCE ON CHANGES TO THE DEVELOPMENT CONTROL SYSTEM
R (CHELMSFORD BOROUGH COUNCIL) V FIRST SECRETARY OF STATE
R (BASILDON DISTRICT COUNCIL) V FIRST SECRETARY OF STATE
CHAPMAN V UNITED KINGDOM
KAY V LAMBETH LBC
MCCARTHY V BASILDON DC AND EHRC
DONCASTER MBC V SSETR
SOUTH BUCKS DC V SECRETARY OF STATE
SOUTH BUCKS DC V PORTER
R (DARTFORD BC) V SECRETARY OF STATE
R V DERBYSHIRE CC EX PARTE WOODS
AH (SUDAN) V SECRETARY OF STATE
MUKARKAR V SECRETARY OF STATE
England and Wales--1543-
[2008] EWCA Civ 692, 23 June 2008. Appellants (B) appealed against decision quashing decision of a planning inspector granting temporary planning permission for the continued stationing of a mobile home and touring caravan on a site in the green belt. B also used the land for equestrian purposes, a change of use that planning permission had been obtained for; although it was not clear whether B's business met the change of use definitions. Inspector had held that a temporary permission would allow for time to find an alternative site and that there were mitigating factors to allow such a permission. A judge had later quashed this decision. Held: The word 'special' in PPG2 should be used with qualitative, not quantitative judgements and the special legal position of gipsies, coupled with the prospect of a gipsy family losing their home with no prospect of immediate replacement were significant enough factors to outweigh the importance of the green belt policies.
WYCHAVON DISTRICT COUNCIL V SOS COMMUNITIES AND LOCAL GOVERNMENT & ORS
PLANNING POLICY GUIDANCE NOTE 2 (GREEN BELTS)
CIRCULAR 11/95 (THE USE OF CONDITIONS IN PLANNING PERMISSION)
CIRCULAR 1/94 (GIPSY SITES AND PLANNING)
CIRCULAR 01/06 (COMMUNITIES AND LOCAL GOVERNMENT) GUIDANCE ON CHANGES TO THE DEVELOPMENT CONTROL SYSTEM
R (CHELMSFORD BOROUGH COUNCIL) V FIRST SECRETARY OF STATE
R (BASILDON DISTRICT COUNCIL) V FIRST SECRETARY OF STATE
CHAPMAN V UNITED KINGDOM
KAY V LAMBETH LBC
MCCARTHY V BASILDON DC AND EHRC
DONCASTER MBC V SSETR
SOUTH BUCKS DC V SECRETARY OF STATE
SOUTH BUCKS DC V PORTER
R (DARTFORD BC) V SECRETARY OF STATE
R V DERBYSHIRE CC EX PARTE WOODS
AH (SUDAN) V SECRETARY OF STATE
MUKARKAR V SECRETARY OF STATE
England and Wales--1543-