Social Welfare Lawyers in the Centre of Birmingham

Forest of Dean DC -v- SSCLG and Jones

Forest of Dean District Council -v- Secretary of State for Communities and Local Government and Ricky Jones [2013] EWHC 4052 (Admin), 20 December 2013

In this case an application for planning permission was made for a Gypsy site near to some listed buildings.

In granting the application the Planning Inspector concluded, on this issue:-

The general need for gypsy sites in the area and the lack of realistic alternatives, along with personal circumstances and health and educational requirements are significant. I am aware that the statutory test concerning listed buildings – to have special regard to the desirability of preserving their settings – is a high hurdle but in this instance I have found that the harm to the setting of the particular buildings that would occur with this proposal would be limited, taking account of the additional screening measures. Balancing this harm against the factors in favour, which are considerable, I conclude that planning permission should be granted, subject to a range of necessary conditions…(para 194).

An appeal by the local authority against this decision on the listed buildings point was dismissed.