PLT Masthead 430

Masthead Housing - Planning

Council wins permission for judicial review over shortfall in sites for travellers

Swale Borough Council has won permission to take the Secretary of State for Housing, Communities and Local Government to judicial review over a dispute concerning whether the borough has sufficient Travellers’ sites.

An inspector ruled that it did not if the 19-pitch Brotherhood Woodyard site were disregarded since it was not in use for this purpose, when he gave temporary permission for its use by Travellers.

He said this exclusion meant that Swale lacked sufficient pitches, but area planning manager Rob Bailey told Local Government Lawyer that the council’s position was that there were enough pitches in the borough even without this site.

In the Queen’s Bench Division Planning Court CMG Ockelton, sitting as a Deputy High Court judge said: “The council’s position was and is that it complies…a table of the sites identified as deliverable over the five-year period was before the inspector, and includes calculations on the phasing of deliverability over a five-year period and over the 14 years to the end of the current local plan in 2031.”

He said the assessed need was for 61 pitches to 2031 and Swale said it had anyway granted planning permission for 63 pitches so no shortfall arose.

Swale challenged the inspector over his decision to disregard the Brotherhood Woodyard site, failed to pay proper regard to a recent decision on the Old Half Acre site - in which another inspector had implicitly accepted that it was meeting its requirements - and that the inspector erred in his conclusion that Swale was not meeting its requirements.

The judge said: “I am wholly unpersuaded that it is arguable that the approach the inspector took to deliverability was one which was unlawful.”

But he added: “Although it is not arguable that the inspector erred in his conclusions in relation to the Brotherhood Woodyard site, it is arguable that he erred in his conclusion that disregarding the Brotherhood Woodyard site entailed a finding that there was a shortfall in the five-year supply.”

Judge Ockelton said he would not have granted judicial review on the Old Half Acre site alone but did so as an additional ground here as “the reason why those making planning decisions ought to have recent similar decisions in mind is that to do so may promote consistency and certainty”.

He went on: “In these circumstances it is, I think, just arguable that he should have drawn attention to the fact that he was departing from another or other previous decisions to the contrary.”

Mark Smulian

Archive

Search more than 10,000 articles

Newsletter Subscription

* indicates required
Choose Newsletter(s) (tick all that apply)
 

Featured Events

Fixed term tenancies - Cornerstone Barristers

London

CPD Hours3 FeeEarly Bird offer £30+VAT (Until 1st October) / Standard Ticket £40 +VAT VenueCornerstone Barristers, 2-3 Gray's Inn Square, London, WC1R 5JH More details to follow...
→ View listing
Succession & assignment of tenancies - Cornerstone Barristers

London

CPD Hours3 FeeEarly Bird offer £30+VAT (Until 1st August) / Standard Ticket £40 +VAT VenueCornerstone Barristers, 2-3 Gray's Inn Square, London, WC1R 5JH More details to follow...
→ View listing
Local Authorities – Planning Seminar Series 2018: Leeds - No5 Chambers

Yorkshire

No5 Barristers' Chambers Planning Group invites you to join them at their Local Authorities Seminar Series which is taking place in London, Bristol, Leicester and Leeds. The Seminars consist of a morning session dedicated to Planning and Development Update...
→ View listing
Local Authorities – Planning Seminar Series 2018: Leicester - No5 Chambers

East Midlands

No5 Barristers' Chambers Planning Group invites you to join them at their Local Authorities Seminar Series which is taking place in London, Bristol, Leicester and Leeds. The Seminars consist of a morning session dedicated to Planning and Development Update...
→ View listing
Commercial property: CRAR and forfeiture of lease - High Court Enforcement

Distance Learning

Cost: Free-of-charge This webinar will cover commercial property and forfeiture of lease and is intended for those in the commercial property sector and property solicitors.  
→ View listing
FTB Annual Planning Forum

West Midlands

This half day afternoon seminar will provide an opportunity to be informed about and discuss the latest developments in planning with some of the leading barristers in the field. It will focus on key practical issues, providing a convenient way for busy...
→ View listing
High Court enforcement for business - The Sheriffs Office

Distance Learning

Cost: Free-of-charge In this CPD webinar we will cover High Court enforcement for business, this webinar will be useful content for solicitors and credit controllers and for any one who has their own business|
→ View listing
Local Authorities – Planning Seminar Series 2018: Bristol - No5 Chambers

South-west

No5 Barristers' Chambers Planning Group invites you to join them at their Local Authorities Seminar Series which is taking place in London, Bristol, Leicester and Leeds. The Seminars consist of a morning session dedicated to Planning and Development Update...
→ View listing
HB Editorial Services Ltd 2016.