Challenge to a decision to uphold an enforcement notice requiring the claimant, a gipsy, to discontinue the use of land in the Green Belt and Special Landscape Area for stationing of caravans for residential purposes. The Secretary of State had declined to follow the recommendation of the inspector.
Held: The First Secretary had failed to take proper account of the evidence. The inspector had found very special circumstances. To obtain permission to develop land in the green belt, the inspector must look also at alternative sites. For the First Secretary to reject the inspector’s report on the basis that he had not done so, the First Secretary must at least look properly to see whether the Inspector had in fact made such consideration.
Judges:
Newman J
Citations:
[2005] EWHC 287 (Admin), Times 15-Apr-2005
Links:
Jurisdiction:
England and Wales
Planning
Updated: 29 June 2022; Ref: scu.223385