Smith (claimant/appellant) v The Secretary of State for Housing, Communities and Local Government (defendant/respondent) & ors

Wednesday 29 – Thursday 30 June 2022

By Appellant’s Notice filed on 19 July 2021, the Claimant Lisa Smith (C) appeals the order of Pepperall J dated 28 June 2021 by which he dismissed her application under section 288 of the Town and Country Planning Act 1990 for a statutory review of the decision of the Inspector of the First Defendant (D1).

C and her family rent a site at Coalville and have lived there in their caravans since 2011. She sought to challenge the lawfulness of a revised planning policy issued in August 2015 which removed from the definition of `Gypsies and Travellers’ a previous inclusive reference to those who had previously ceased to travel by reason of health, education or old age.

In April 2013 planning permission was granted for 4 years for up to 6 touring caravans on conditions that included a requirement that the site only be occupied by Gypsies and Travellers as defined in the then planning policy. Such permission was subsequently varied on 31 March 2015. On 8 March 2016, the owner applied to the North West District Council to vary the permission to allow the permanent residential use of the site as a Gypsy Site and to permit the construction of a larger dayroom. On 22 December 2016 the Council refused the application and, by decision dated 23 November 2018, the inspector appointed by D dismissed the appeal finding that no member of the Smith family fell within the definition of Gypsies and Travellers in the 2015 policy.

On 28 June 2021 Pepperall J dismissed C’s challenge and awarded costs against her.

View hearing:

Day 1

Part 1

Part 2

Day 2

Part 1