No obligation on Secretary of State to reopen gypsy caravan site inquiry following reinstatement of Regional Strategy
Planning and Environment, Public Law and Judicial Review
The ripples caused by the Cala Homes litigation were considered by Foskett J in a challenge to the decision of the Secretary of State to refuse planning permission in an appeal for a gypsy caravan site.
The inquiry into the appeal was heard at a time when the Regional Strategy (RS) had purportedly been revoked, but the Secretary of State’s decision was given some months later, after Cala Homes (No. 1) had restored the RS. In a judgment handed down on 8th May 2012, the High Court rejected a challenge based on an alleged failure to refer the matter back to the parties.
Other grounds of challenge concerning the weight given to the proposed revocation of ODPM Circular 01/2006 and the application of PPS3 were also rejected. Robin Green was counsel for the local planning authority, Wycombe District Council.
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