[2004] EWCA Civ 1248, 29 September 2004. Appeal by first defendant First SoS and three other defendants (the applicants) against a HC decision (QBD, 29 July 2003) which quashed the granting of planning permission for the use of land as a private gypsy site with mobile homes and associated outbuildings. The SoS's appointed planning inspector had granted planning permission for the site. After considering the local plan policy which permitted the establishment of gypsy sites in rural areas subject to stringent criteria, he held that permission was merited even though the development could cause some planning harm and was in breach of structure plan C1 which pre-dated DoE Circular 1/94. Furthermore, he held that C's refusal of planning permission violated the applicants' rights under the Convention for the Protection of Human Rights and Fundamental Freedoms Art 8 in respect for their private and family life. C'S appeal to HC was allowed, quashing the inspector's decision to grant planning permission. First SoS and other applicants appealed on the grounds that the inspector had approached the structure plan correctly, he had not erred in law through his failure to explain the material circumstances which affected his decision to grant planning permission to one of the applicants and his consideration of the applicants' rights under Art 8 of the Convention was correct. CA reinstated the planning inspector's decision allowing planning permission for the site. HC decision overturned. Appeal allowed. View judgment at www.bailii.org.