Although a local plan policy for the Chessington area failed fully to investigate the future needs of gypsies in the region, the court has ruled that this omission did not constitute a sufficient reason to allow a gypsy to site three caravans in the Chessington green belt.
The High Court has rejected a challenge to a planning inspector’s decision upholding the local authority’s refusal to grant consent for the three caravans. The gypsy in question had claimed that the local plan policy failed to make adequate provision for gypsy sites.
Collins J ruled that although the local plan policy did not fully consider the needs of gypsies, the planning inspector had been entitled to agree with the local council on the basis that siting three caravans in the green belt would be unacceptably detrimental.
Coyle v First Secretary of State Queen’s Bench Division (Collins J) 20 March 2003.
Timothy Jones (instructed by Community Law Partnership) appeared for the claimant; Timothy Morshead (instructed by the Treasury Solicitor) appeared for the defendant.
References: PLS News 24/3/03
