The authority was considering the provision of sites for Gypsies and other travellers within the context of their structure plan. The national policy envisaged two provisions, a listing of potential sites, and the laying down of policy criteria. A panel had recommended that more be done to support local authorities, including the recommendation of sites. The authority set out a plan that the need should be satisfied within local plans.
Held: The departure from the recommendation must have been a deliberate one. Before taking that departure, it was obliged to have prepared a list of departures from the recommendations, for comment. It had not done so. The procedural obligations had not been met.
Judges:
Peter Gibson, Waller, Carnwath, LJJ
Citations:
Times 04-Nov-2003, [2003] EWCA Civ 1614
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Butler, Regina (on the Application Of) v Bath and North East Somerset District Council and others Admn 26-Mar-2003
. .
Cited by:
Appealed to – Butler, Regina (on the Application Of) v Bath and North East Somerset District Council and others Admn 26-Mar-2003
. .
Lists of cited by and citing cases may be incomplete.
Planning, Local Government, Housing
Updated: 08 June 2022; Ref: scu.187673