Winifred Helen Ward v Secretary of State for Levelling Up, Housing and Communities & Anor
[2024] EWHC 676 (Admin)
The Royal Borough of Kingston Upon Thames v Secretary of State for Levelling Up, Housing and Communities & Anor
7 August 2023
[2023] EWHC 2055 (Admin)
High Court
A planning inspector allowed a traveller site in a protected Green Belt area. The judge said the inspector made a mistake by ignoring rules that say traveller sites aren't allowed there, and by misinterpreting other rules. The decision to allow the site was overturned.
Key Facts
- •Challenge under s.288 Town and Country Planning Act 1990 to a Planning Inspector's decision granting permission for a change of use of land to a private gypsy and traveller site.
- •Claimant: Royal Borough of Kingston upon Thames; Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Laura Williams (applicant before the Inspector).
- •Dispute centers on the application of Green Belt policy in the National Planning Policy Framework (NPPF) and the Planning Policy for Traveller Sites (PPTS).
- •Secretary of State concedes an error of law.
- •Issue: Whether the Inspector correctly interpreted NPPF paragraph 150(e) regarding material changes of use of land in the Green Belt, and the interaction with PPTS policy stating traveller sites are inappropriate development in the Green Belt.
Legal Principles
Planning policy interpretation is a question of law; application is a matter of judgment for the decision-maker.
Tesco v Dundee CC [2012] PTSR at [19]; Canterbury CC v SSCLG [2019] PTSR 81 at [23]
Planning policies should be interpreted practically, considering their purpose and the audience (professionals and the public).
Canterbury CC v SSCLG [2019] PTSR 81 at [23]
Policies should be read in context, including their subject matter, objectives, and wider policy framework.
Canterbury CC v SSCLG [2019] PTSR 81 at [23]; Tesco Stores at paragraphs 18 and 21
NPPF should be read in conjunction with PPTS.
NPPF paragraph 4
Lists introduced by 'such as' are not necessarily exhaustive, but require consideration of common characteristics among the examples given.
Prestcold v Minister of Labour [1969] 1 WLR 89
Outcomes
The Inspector's decision is quashed and remitted to the Secretary of State.
The Inspector failed to consider PPTS, which designates traveller sites as inappropriate Green Belt development. The Inspector also misinterpreted NPPF paragraph 150(e), wrongly concluding residential caravan use fell within its scope.
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