The court asked whether a traditional gypsy who had lived permanently on a site for a long time, was a gypsy within section 16 and entitled to be excepted from local planning policy restraint on development. Held: The criterion ‘nomadic way of life’ leads to a certain ambiguity, especially in relation to gypsies who settle … Continue reading Horsham District Council v The Secretary of State for the Environment and Another: Admn 13 Oct 1989
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The claimant sought a injunction to restrain the defendant council from executing enforcement notices regarding the use of the claimant’s land for residence by several traveller families. He argued that the council had failed to state its exact intentions on enforcement, and that it was feared that it would exceed the steps necessary for enforcement. … Continue reading Egan v Basildon Borough Council: QBD 26 Sep 2011
The council appealed against the inspector’s decision to quash its enforcement notice. The land-owner occupied a wooden structure which he said was a caravan, but the council said was a residence and an unlawful change of use of agricultural land. . .
A traditional gypsy family had settled because of ill health, and sought to establish a caravan site. The authority claimed they were no longer to be treated as Gypsy and having the entitlement under the Act. Held: The Act defined ‘Gypsies’ as persons of nomadic habit. It was a question of fact for each planning … Continue reading Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry: CA 19 Jun 2003
The caravan park operated under planning consents requiring the caravans to be occupied only during certain months. The defendants had bought their mobile homes from the claimants to occupy full time, and said that the claimants knew of this. The claimants purported to impose new leases with clauses requiring the site not to be occupied … Continue reading Brightlingsea Haven Ltd and Another v Morris and others: QBD 30 Oct 2008
Citations: 40060/08, [2011] ECHR 808 Links: Bailii Statutes: European Convention on Human Rights, Caravan Sites Act 1968 4 Jurisdiction: Human Rights Human Rights, Housing Updated: 13 September 2022; Ref: scu.440109
The defendants appealed an order requiring them to leave caravan pitches managed by the council. Held: The court referred to the absence of procedural safeguards to which, in view of their vulnerable position, gipsies were entitled. Citations: [2007] EWCA Civ 1318, [2008] 1 WLR 661 Links: Bailii Statutes: Caravan Sites Act 1968 4 Jurisdiction: England … Continue reading Smith (on Behalf of the Gypsy Council) v Buckland: CA 12 Dec 2007
The police have power to release limited information about offenders. In this case known paedophiles were staying at a campsite, and their criminal record was disclosed to the site owner. There was no harrassment under s3 of the 1968 Act. On any duty of confidence: ‘I have great difficulty in accepting that the information which … Continue reading Regina v Chief Constable for North Wales Police Area Authority ex parte AB and CD etc: Admn 10 Jul 1997
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008
