Sam Smith, R (on the application of) v South Kesteven District Council

Facts

The claimant, Sam Smith, sought planning permission from South Kesteven District Council to change the use of agricultural land at Valley Lane, Long Bennington, to a gypsy caravan site with 13 pitches. The site lies between the A1 trunk road and a maggot farm. Earlier applications for residential use of the site had been refused, mainly because of noise and odour. On 1 April 2021 the Council issued an enforcement notice alleging unauthorised occupation by Traveller caravans. An appeal under grounds (a) and (g) of section 174(2) of the Town and Country Planning Act 1990 was dismissed on 30 September 2022. In that appeal the Inspector considered expert noise and odour evidence, the lack of a five-year supply of gypsy and traveller sites and the occupants' personal circumstances. A 13-pitch application submitted in December 2023 was declined in February 2024. The claimant then submitted a further application in February 2025, with new noise, odour and ecological reports and different intended occupants. Relying on the officer's report and the comments of its Environmental Protection Officer, the Council declined to determine that application under section 70C of the Town and Country Planning Act 1990 on 1 April 2025. The claimant sought judicial review on nine grounds and renewed the application for permission at an oral hearing, which was deferred until the Court of Appeal had decided R (Moran) v Medway Council.