The court considered the rejection of an application for temporary planning consent by the gipsies to place a caravan on land in a green belt.
Held: The appeal succeeded. There was a requirement to balance the need to maintain the green belt and to recognise the particular human rights consequences of depriving somebody of what had become their home in circumtances where there was a particular shortage of appropriate housing. The loss of a home could be a very special factor allowing a consent which would otherwise be a breach of the green belt.
Judges:
Sir Anthony Clarke, MR, Carnwath LJ and Wilson LJ
Citations:
[2008] EWCA Civ 692, Times 01-Jul-2008, [2009] PTSR 19
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Wychavon District Council of Civic Centre, Regina (on the Application of) v Secretary of State for Communities and Local Government and others Admn 19-Dec-2007
The court quashed a grant of temporary planning permission to the applicant gypsies to stand a caravan on a green field site. . .
Cited by:
Cited – Suffolk Coastal District Council v Hopkins Homes Ltd and Another SC 10-May-2017
The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for . .
Lists of cited by and citing cases may be incomplete.
Planning, Human Rights
Updated: 03 August 2022; Ref: scu.270372
