The court was asked as to the scope of the security of tenure conferred on occupiers of mobile homes owned by them and stationed under licence on pitches in protected residential sites. The tenant was accused of anti-social behavuour in have paraded in military combat uniform, obscuring his face. The tenant appealed against grant of … Continue reading Telchadder v Wickland (Holdings) Ltd: CA 16 May 2012
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A person could be a gypsy for the purpose of section 16 of the 1968 Act if he led a nomadic way of life only seasonally. Judges: Lord Bridge of Harwich Citations: [1989] 1 AC 995 Statutes: Caravan Sites Act 1968 16 Jurisdiction: England and Wales Cited by: Cited – Wrexham County Borough v The … Continue reading Greenwich London Borough Council v Powell: HL 1989
The definition of ‘gypsy’ covers persons who travel to make a living. Citations: Times 01-Feb-1994 Statutes: Caravan Sites Act 1968 16 Housing Updated: 09 April 2022; Ref: scu.86562
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 claimant sought to set aside an order requiring him to give up possession of a caravan pitch held under the 1968 Act. Held: The decision to serve a notice to quit which was reasonable on the facts known to the local authority at the time could not be invalidated retrospectively by reference to facts … Continue reading Doran v Liverpool City Council: CA 3 Mar 2009
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
The meaning of ‘Gypsy’ under the Act requires some element of travelling, and should include that this was associated with the means of earning a living. In applying the statutory definition of gypsies the actual words used are to be used, taking account of the purpose of the Act and the duty imposed The are … Continue reading Regina v South Hams District Council, ex parte Gibb and Another, Regina v Gloucester Cc, ex parte Davies: CA 8 Jun 1994
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 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
