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.

[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.