DATE: 20 Dec 2006
This was a s288 challenge to a decision refusing to grant retrospective planning permission for gypsy pitches at Smithy Fen, Cottenham. A principal ground was 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. It was said that fear of the carrying out of unlawful development (as opposed to fear of pressure to grant planning permission for further development) could not properly be regarded as a material consideration. The Court (HHJ Gilbart QC sitting as a Deputy High Court Judge) 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,
