Bryan Rogers v Secretary of State for Levelling Up, Housing and Communities & Anor
[2023] EWHC 2528 (Admin)
Noel McGinley v The Secretary of State for Levelling Up, Housing and Communities & Anor
22 December 2023
[2023] EWHC 3333 (Admin)
High Court
A group wanted to build a Gypsy and Traveller site, but their application was refused. They appealed, but lost. The court said the decision-maker didn't properly check if enough similar sites were available, so they can try again to challenge the decision.
Key Facts
- •Application for change of use of land for 6 Gypsy and Traveller pitches refused.
- •Enforcement notice issued following unauthorised development.
- •Appeals against refusal and enforcement notice dismissed by Planning Inspector.
- •Applicant challenges the Inspector's decision regarding unmet need and 5-year supply of Gypsy and Traveller sites.
- •The challenge centers on the Inspector's assessment of the deliverability of two potential sites: Wilden Lane and Zortech Avenue.
Legal Principles
Inspectors' decisions must be construed reasonably; reasons must be intelligible and adequate; weight to material considerations is for the Inspector, unless irrational.
Bloor Homes Ltd v SoS [2014] EWHC 754 (Admin)
National policy for Gypsy and Traveller sites, including the definition of Gypsies and Travellers, and guidance on the 5-year supply of deliverable sites.
Planning Policy for Traveller Sites (PPTS)
Inappropriate development in the Green Belt should not be approved except in very special circumstances; unmet need is unlikely to outweigh harm to the Green Belt.
PPTS, Policy E
Relevant matters for assessing planning applications for traveller sites include existing provision and need, availability of alternative accommodation, and personal circumstances.
PPTS, Policy H
Deliverable sites for Gypsy and Traveller accommodation must be available now, offer a suitable location, and have a realistic prospect of development within five years.
PPTS, Footnote 4
Outcomes
Permission granted to proceed on all four grounds of challenge.
The Inspector's assessment of the 5-year supply of sites was arguably inadequate, failing to properly consider the deliverability of the Wilden Lane and Zortech Avenue sites and the impact on the overall planning balance. The conclusions about unmet need and 5-year supply affected the Green Belt balancing exercise.
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