The court was asked: ‘what are the consequences for a decision which has been made on the back of an unlawful decision? In the case of these claimants from the Traveller and Gypsy community, the Secretary of State for Communities and Local Government (‘the Secretary of State’) made directions to recover (or call in) their planning appeals so that he could determine them himself. Their local planning authorities had refused to grant them planning permission to live on green belt land. The Secretary of State then made determinations in the case of both claimants, Ms Bernadette Mulvenna and Mr Elias Smith, dismissing their appeals.’
Cranston J
[2015] EWHC 3494 (Admin)
Bailii
Planning, Administrative
Updated: 07 January 2022; Ref: scu.556473