A gypsy has won the right to site a mobile home and caravan on land in Doncaster even though such use of the site is contrary to local policy.
The gypsy had sought planning consent to position the mobile home and caravan on the site, which fell within the council’s countryside policy area. When the council failed to determine the application, the gypsy appealed, and although the inspector found that the development was against local policy, he went on to grant temporary planning consent.
He took the view that other gypsy sites in the area were unlikely to meet the needs of the appellant and his family, and that forcing them to move would have an adverse effect upon the children, all of whom attended local schools.
Planning consent was granted on the basis that the gypsies would have to move from the site within three years, that only gypsies could use the site, and that no more caravans or mobile homes could be moved onto the land.
The council argued that the inspector had failed to impose a personal use condition in respect of the temporary permission, and had failed to consider the possibility of the children attending other schools.
Rejecting the council’s challenge, Richards J held that while it would have been open to the planning inspector to impose a personal use condition, the lack of one did not vitiate his decision.
As far as the education of the children was concerned, the judge said that the matter was not one that had been raised before the inspector. In those circumstances, his failure to consider it could not be regarded as an error.
Doncaster Metropolitan Borough Council v First Secretary of State Queen’s Bench Division: Administrative Court (Richards J) 19 March 2003.
References: PLS News 20/03/03
