Earl Shilton Action Group, R (on the application of) v Hinckley and Bosworth Borough Council & Ors

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Richard Kimblin (instructed by Marrons Solicitors) appeared for the Claimant Timothy Leader (instructed by M Rice, Solicitor, Hinckley and Bosworth Borough Council) appeared for the Defendant The Interested Parties not appearing or being represented ____________________

Section 38(6) therefore raises a presumption that planning decisions will be taken in accordance with the development plan.

This reflects the policy imperative of local authorities identifying sites for Gypsy and Traveller pitches, for which there is an identified need following years of failure in this regard to which I have already referred (see paragraph 2 above). CS Policy 18 then sets out the 2007 assessment figures for need up to 2017, and states, so far as relevant to this claim, that:

There then follows a number of other additional criteria, including safe highway access, a capability of being assimilated in the surroundings being appropriate to scale of the nearest settlement, not causing unacceptable nuisance to existing neighbours and also design criteria.