Lee -v- Secretary of State for Communities and Local Government and Runnymede Borough Council [2016] EWCA Civ 558, 17 June 2016

This was an appeal to the Court of Appeal concerning a refusal of planning permission for a Gypsy and Traveller site.  Marc Willers of Garden Court Chambers represented the Appellant.

Given the leading judgment of the Court of Appeal, Simon LJ stated:-

Mr Willers’ argument before this Court was that the Inspector had concluded that, if the appeals were dismissed, the site occupants would be likely to move to another unauthorised site in the Green Belt, and that this was bound to case as a much harm to the environment as the continued use of the appeal site.  He submitted that as a matter of logic, if there were a move to any unauthorised site in the Green Belt, it would be bound to cause the same or greater harm as the continued occupation of the appeal site (para 17).

Simon LJ concluded:-

As already noted, in the present case the DL [decision letter] accepted the findings in [the Inspector’s decision] as to the likelihood of the Appellant’s family moving to another unauthorised site if the appeals were dismissed. 

The question then is whether it was necessary for the DL specifically to refer…to the likelihood that the unauthorised site would be ‘in the Green Belt’.  In my view the answer is very plainly, no (paras 21 and 22).

For the Judgment please see:- Judgment