Image from Google Jackets

Wychavon District Council v Secretary of State for Communities and Local Government and Others [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [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.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 144359-1001

[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.