O’Connor – v – Secretary of State for Communities and Local Government and Epping Forest District Council [2014] EWHC 3821 (Admin), 20 November 2014

This case involved an attempt by Irish Traveller families to obtain planning permission for a site in the Green Belt.  The Secretary of State for Communities and Local Government (SSCLG) decided to “recover” the appeal that went to the Planning Inspector against the local authority’s refusal of planning permission. 

The Planning Inspector recommended to SSCLG that temporary permission should be granted.  SSCLG refused permission laying great emphasis on the question of flood risk.  In the High Court, Wyn Williams J quashed the SSCLG’s decision stating:-

In my Judgment the conclusion reached by the [SSCLG] about the flood risk on the appeal site was unreasonable and/or it failed to take account of material considerations namely the factual conclusions made by the Inspector and his Judgment based upon those factual conclusions (para 46).

See: O’Connor -v- SSCLG & Epping Forest District Council Judgment