Social Welfare Lawyers in the Centre of Birmingham

Traveller planning

R (O’Brien) – v – South Cambridgeshire Council and the Secretary of State for Communities and Local Government

R (O’Brien) – v – South Cambridgeshire Council and the Secretary of State for Communities and Local Government [2016] EWHC 36 (Admin), 22 January 2016

This case involved applications for retrospective planning permission.  Localism Act 2011 Section 123 amends Town and Country Planning Act 1990  by adding a new Section 70C which reads as follows:-

R (Mulvenna and Smith) – v – Secretary of State for Communities and Local Government and Equality and Human Rights Commission

R (Mulvenna and Smith) – v – Secretary of State for Communities and Local Government and Equality and Human Rights Commission [2015] EWHC 3494 (Admin), 4th December 2015

This case followed on from the case of R (Moore and Coates) – v – SSCLG (see the CLP website at:- (http://www.communitylawpartnership.co.uk/traveller-planning).

St Edmundsbury Borough Council – v – Oakley

St Edmundsbury Borough Council – v – Oakley [2015] EWHC 1975 (QB), 10 July 2015, Mrs Justice Patterson

The defendant had planning permission for a single Gypsy site but injunction action under Town and Country Planning Act 1990 Section 187B was taken against her for bringing on a residential touring caravan in an unauthorised location, use of the stable block for residential purposes and other matters.  An injunction order was granted on 17 December 2014 but was not complied with.  Committal action was taken.

Reilly – v – Secretary of State for Communities and Local Government and Hinckley and Bosworth Borough Council

Reilly – v – SSCLG and Hinckley and Bosworth BC [2015] EWHC 1957 (Admin) 15 July 2015, Mrs Justice Lang.

The claimant was an Irish Traveller and one of a group of Travellers who lived at a site called the Good Friday Site in Leicestershire.  An application for planning permission was refused and an appeal was made to a Planning Inspector.  The Inspector refused the site permission and gave great significance to highways safety at the access and especially to the fact that there had been a fatal crash at the access when a vehicle was trying to turn in.

Wenman –v- The Secretary of State for Communities and Local Government (SSCLG) and

Wenman –v- SSCLG [2015] EWHC 925 (Admin), 21 April 2015, Mrs Justice Lang

Mr Wenman is a Romani Gypsy who was seeking permission for a one pitch Gypsy Site for him and his family.  He was unsuccessful before the local planning authority and also before the Planning Inspector. He appealed to the High Court under Town and Country Planning Act 1990 Section 288 on the basis that the Planning Inspector had failed to properly address the relevance of the National Planning Policy Framework (NPPF).  The First Defendant, the Secretary of State, argued that NPPF was not relevant here and what was relevant was only Planning Policy for Traveller Sites (PPTS).