Wilson, Regina (on the Application of) v Wychavon District Council and Another: CA 6 Feb 2007

The claimants said that an enforcement notice issued against them under a law which would prevent such a notice against the use of a building as a dwelling, but not against use of a caravan as a dwelling, discriminated against them as gypsies.
Held: The stop-notice regime was not discriminatory. A government was given a wide margin of discretion in matters of social policy. Though this was reduced when issues of discrimination arose, it did not disappear. There were clear differences between the situation with buildings and caravans, and there were cogent reasons for a bright line rule that exempted dwellinghouses from the stop notice regime but did not apply the same exemption to residential caravans.
Sir Anthony Clarke, Master of the Rolls, Lord Justice Moses and Lord Justice Richards
[2007] 2 WLR 798, [2007] EWCA Civ 52, Times 09-Feb-2007
Town and Country Planning Act 1990 183
England and Wales
Appeal fromWilson v Wychavon District Council and Another Admn 20-Dec-2005
The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory.
Held: The claim failed. ‘usually a change of use of . .
CitedRunnymede Borough Council v Smith 1986
The section provided protection even for caravans which had come on to the site with knowledge of the stop notice, and an injunction was refused on these grounds. . .
CitedSouth Buckinghamshire District Council and Another v Porter (No 2) HL 1-Jul-2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the . .
CitedHirst v United Kingdom (2) ECHR 6-Oct-2005
(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting.
Held: Voting is a right not a privilege. It was a right central in a . .

Cited by:
MentionedT, Regina (on The Application of) v Greater Manchester Police and Another Admn 9-Feb-2012
The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to . .

These lists may be incomplete.
Updated: 01 February 2021; Ref: scu.248364