Maureen Smith, R (on the application of) v Barnsley Metropolitan Borough Council

Facts

Maureen Smith occupies land at Clayton Lane, Thurnscoe, in the Barnsley Metropolitan Borough Council area, which she has used as a caravan site for gypsy travellers with associated hardstanding, two utility units and a cess tank. A retrospective application in 2022 was refused on four grounds — inappropriate development in the green belt, conflict with policy GT1 of the Barnsley Local Plan 2019 on the unsustainable location of the site, inadequate biodiversity information, and inadequate foul drainage details — and an appeal was dismissed by Inspector D Hartley on 10 July 2023. The council issued an enforcement notice dated 5 June 2023 in respect of both the operational development and the material change of use; an appeal against it was brought only on ground (g), which succeeded to the extent of extending time for compliance, and the notice came into force on 18 December 2024. A further retrospective application was then made in January 2025, relying on changes in policy and in the assessment of need for traveller pitches. On 12 March 2025 the council declined to determine it under section 70C of the Town and Country Planning Act 1990. Lang J refused permission to apply for judicial review on the papers by order dated 22 January 2026, and the application was renewed.