000 02725cam a2200349 4500
001 ABS68367
008 041006n2004 000 0 eng u
035 _a(Sirsi) u127632
245 _aFirst SoS, Grant Doe, Gregory Yates and Paul Eames v Chichester DC
260 _c2004
490 _aWeekly Law ReportsŒv[2004] 2 WLR 279-314(36)
520 _a[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.
590 _aABS
590 _aABS
590 _aABS
650 _aFIRST SOS AND OTHERS V CHICHESTER DC
650 _aPLANNING PERMISSION
650 _aTRAVELLERS
650 _aCARAVANS
650 _aGYPSIES
650 _aEUROPEAN CONVENTION ON HUMAN RIGHTS 1950 ART 8
650 _aMOBILE HOMES
650 _aMATERIAL CONSIDERATIONS
650 _aDOE CIRCULAR 1/94
650 _aFAMILY LIFE
650 _aPPG7
690 _aPLANNING-CASE LAW
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/1248.html
_zView judgment on the BAILII websiteƯ
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/1248.html
_zView judgment on the BAILII websiteƯ
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/1248.html
_zView judgment on the BAILII websiteƯ
942 _n0
999 _c118127
_d118127