Social Welfare Lawyers in the Centre of Birmingham

Dear -v- SSCLG & Doncaster Metropolitan Borough Council

Dear -v- Secretary of State for Communities and Local Government and Doncaster Metropolitan Borough Council [2015] EWHC 29 (Admin) 19 January 2015

Ms Dear had been refused permission by the Council for a Gypsy site and appealed to the Planning Inspector.  The matter was recovered by the Secretary of State for Communities and Local Government (SSCLG).  The Inspector recommended refusal of both permanent and temporary permission and the SSCLG agreed with his Inspector.  Ms Dear appealed to the High Court.

HHJ Belcher accepted that an appeal decision in another case that was given at about the same time as this case should have been taken into account in this case.  However, she also accepted that, even if that other appeal decision had been taken into account, this would not have changed the decision of the SSCLG.  She further concluded that the SSCLG clearly had treated the best interests of the children as a “primary consideration”.  It is possible that there may be a further appeal in this case.

See:- Dear Judgment