Court upholds refusal of temporary planning permission for gypsy site in green belt (Sykes v SCLG)

Table of contents

• What are the practical implications of this case?
• What is the legal background to the case?
• Applications under TCPA 1990, s 288
• Decision-making
• Human rights and the best interests of the child
• National policy
• What is the factual background to the case?
• What did the court find?
• Grounds 3 and 4(a)—accommodation elsewhere in Surrey
• Ground 4(b)—accommodation beyond the four year period

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Article summary

Planning analysis: In Sykes v SCLG, the court dismissed a statutory challenge, refusing to quash an inspector’s decision dismissing an appeal against the refusal of an application for planning permission for a change of use of land, to use as a residential caravan site. The inspector had properly considered the personal circumstances of the Travellers, both on an individual basis and collectively and was entitled to conclude that a temporary planning permission would not reduce the overall harm to the green belt to a level where it would be clearly outweighed by other considerations.