Davis and Others v Tonbridge and Malling Borough Council: CA 26 Feb 2004

The claimants were travelling showmen who had purchased land, and after failing to apply for permission, moved onto the land and began to live there.
Held: The cultural identity of travelling show-people and their status, as a matter of planning law and policy, should not be confused with those of gypsies, for whom quite distinct provision is made. The local planning authority was entitled to an order requiring them to leave the site. There had been real difficulty finding places for them to stay, but the men had acted to ignore the rules. Their occupation had caused environmental damaged to the land. The council’s response was not disproportionate.
Lord Justice Auld, Lady Justice Arden, And Lord Justice Jacob
[2004] EWCA Civ 194, Times 05-Mar-2004, Gazette 11-Mar-2004
Bailii
England and Wales
Citing:
CitedWrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry CA 19-Jun-2003
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 . .
CitedPorter, Searle and Others, Berry and Harty v South Buckinghamshire District Council, Chichester District Council, Wrexham County Borough Council, Hertsmere Borough Councilt CA 12-Oct-2001
Local authorities had obtained injunctions preventing the defendants from taking up occupation, where they had acquired land with a view to living on the plots in mobile homes, but where planning permission had been refused. The various defendants . .
CitedWrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others HL 22-May-2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased.
Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an . .
CitedBuckley v The United Kingdom ECHR 25-Sep-1996
The Commission had concluded, by a narrow majority, that the measures taken by the respondent in refusing planning permission and enforcing planning orders were excessive and disproportionate, even allowing a margin of appreciation enjoyed by the . .

Cited by:
CitedCoates and others v South Buckinghamshire District Council CA 22-Oct-2004
The local authority had required the applicants to remove their mobile homes from land. They complained that the judge had failed properly to explain how he had reached his decision as to the proportionality of the pressing social need, and the . .
CitedMid-Bedfordshire District Council v Thomas Brown and others CA 20-Dec-2004
The land owners, gypsies, had purchased agricultural land intending to occupy it as residential land in breach of green belt planning controls. The council had obtained an injunction, but appealed its suspension.
Held: The council’s appeal . .

These lists may be incomplete.
Updated: 12 January 2021; Ref: scu.194130