Clarke v Secretary of State for the Environment, Transport and the Regions and Another: QBD 9 Oct 2001

When assessing whether a gypsy should be granted planning permission to park his caravan on a site, the authority could not take into account the fact that he had earlier refused an offer of permanent housing, where acceptance of that offer would have been contrary to the applicant’s traditional way of life. The appellant and his family were Romanies who lead a nomadic way of life. The Inspector should consider whether: he lived in a caravan; he was a Romany; he was nomadic for a substantial part of the year; the itinerancy was linked to his livelihood; and he had an aversion to conventional housing.

Judges:

Burton J

Citations:

Times 09-Nov-2001

Statutes:

European Convention on Human Rights Art 8 and 14, Town and Country Planning Act 1990

Jurisdiction:

England and Wales

Discrimination, Human Rights, Housing, Planning

Updated: 16 May 2022; Ref: scu.166861