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High Court: Wenman v SSCLG

Wenman v The Secretary of State for Communities and Local Government & Anor [2015] EWHC 925 (Admin) (21 April 2015)

In this claim under section 288 of the Town and Country Planning Act 1990, the claimant applied to quash the decision of the Secretary of State for Communities and Local Government, dated 30 October 2014, made on his behalf by an Inspector (Mr Graham Dudley), in which he dismissed his appeal against the refusal of planning permission by Waverley Borough Council.

The claimant and his wife were Romany gypsies who had been living in a mobile home at land adjacent to East View Cottages, Dunsfold Road, Surrey, GU6 8JB. They have been unable to find a space on the local gypsy sites.

On 3 September 2012, the claimant applied to the council for planning permission for a proposed development, namely: 
"The use of land for the stationing of caravans for residential purposes for 1 no. gypsy pitch together with the formation of additional hard standing and utility/dayroom ancillary to that use."

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Both the council and, when the claimant appealed, the planning inspector refused planning permission.

For the claimant: Michael Rudd of Kings Chambers, instructed by Hawksley’s Solicitors.

For the first defendant (the Secretary of State): Stephen Whale of Landmark Chambers, instructed by the Treasury Solicitor.

The council did not appear and was not represented.

Click here for the judgment on Bailii


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