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Court reminds councils of traveller provision

3 June 2013

Judgment was recently handed down by the Court of Appeal in the case of Delaney v Basildon Borough Council [2013] EWCA Civ 505.

This matter concerned an unauthorised travellers site in greenbelt land which had previously been granted temporary planning permission. This permission had lapsed and wasn’t renewed. The site’s occupant claimed that permission should be granted due to an acknowledged lack of traveller provision in the district.

The Court of Appeal determined that the inspector was entitled to find that other material factors outweighed the failure of the council to address the lack of traveller provision.

However the judge emphasised the importance which should be placed on having suitable traveller provision and although an inspector is entitled not to grant planning permission in such circumstances he is not bound to do so.

Therefore it remains that the most effective way to ensure appropriate locations for traveller sites is for councils to make sure that they identify suitable provision for travellers.

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