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McCarthy v Secretary of State and South Cambridgeshire DC [2006] EWHC 3287 Admin

DATE: 20 Dec 2006


This was a s288 challenge to a decision refusing to grant retrospective planning permission for gypsy pitches in the Green Belt at Smithy Fen, Cottenham. The gypsies argued that the Inspector and Secretary of State had been wrong to take into account the fear that allowing the appeal would encourage other gypsies to occupy nearby vacant land unlawfully.  HHJ Gilbart QC rejected this: if the grant of planning permission would lead to events which would have significance in planning terms, the prospect of these was a material consideration.  

When dealing with a complaint about the failure to grant temporary planning permission, the judge criticised the wording of paragraph 109 of C11/1995.

Richard Langham appeared for South Cambridgeshire DC,